Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 12, 2004 and adjourned Wednesday, April 7, 2004 volume II

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 12, 2004 and adjourned Wednesday, April 7, 2004
VOLUME II
2004 Atlanta, Ga. Printed on Recycled Paper

WEDNESDAY, MARCH 17, 2004 Representative Hall, Atlanta, Georgia
Wednesday, March 17, 2004

2073

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

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

Amerson Anderson Ashe Bannister Barnard Beasley-Teague Birdsong Black Borders Bridges Brock Brooks Broome Brown E Bruce Buck Buckner, D Burmeister Campbell Casas Chambers Childers Coleman, B

Cooper Cummings E Day Dodson Dooley Douglas Dukes Ehrhart Floyd, J Forster Franklin Gardner Graves, T Greene Hanner Harbin Harper Heard, J Heard, K Heath Hembree Hill, C.A Hines

Houston Howard Hugley Jackson James Jamieson Jenkins, C.F Jones Joyce Knox Lane Lewis Lord Lunsford Manning Martin E Massey Maxwell McBee Millar Mills Mitchell Moraitakis

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

Sholar Sims Smith, B Smith, T Smith, V Stanley-Turner Stephens, E Stokes Stoner Teilhet Teper Thomas Morgan Thompson E Warren White Wilkinson Willard Williams, A Williams, E Williams, R Wix Yates

The following members were off the floor of the House when the roll was called:
Representatives Barnes of the 84th, Post 2; Benfield of the 56th, Post 1; Boggs of the 145th; Bordeaux of the 125th; Buckner of the 82nd; Bunn of the 63rd; Burkhalter of the 36th; Butler of the 88th, Post 1; Coan of the 67th, Post 1; Crawford of the 91st; Dean of the 49th; DeLoach of the 127th; Dix of the 70th, Post 2; Dollar of the 31st; Drenner of the 57th; Elrod of the 25th; Epps of the 90th; Fleming of the 79th; Floyd of the 132nd; Fludd of the 48th, Post 4; Golick of the 34th, Post 3; Graves of the 106th; GreeneJohnson of the 60th, Post 3; Harrell of the 54th; Heckstall of the 48th, Post 3; Hill of the 16th; Hill of the 81st; Howell of the 92nd; Hudson of the 95th; Jenkins of the 93rd; Jordan of the 83rd; Keen of the 146th; Lucas of the 105th; Maddox of the 59th, Post 2; Mangham of the 62nd; Marin of the 66th; McCall of the 78th; Mobley of the 58th; Morris of the 120th; Mosby of the 59th, Post 3; Mosley of the 129th, Post 1; Orrock of the 51st;

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JOURNAL OF THE HOUSE

Powell of the 23rd; Ray of the 108th; Reece of the 11th; Roberts of the 131st; Rogers of the 15th; Sinkfield of the 50th; Smith of the 87th; Smith of the 13th, Post 2; Smyre of the 111th; Snow of the 1st; Stephens of the 123rd; Stephenson of the 60th, Post 1; Thomas of the 43rd, Post 1; Walker of the 71st, Post 1; Walker of the 115th; Watson of the 60th, Post 2; and Westmoreland of the 86th.
They wish to be recorded as present.

Prayer was offered by the Reverend Danny H. Parris, Pastor, First Baptist Church, Blairsville, 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.

The following communication was received:

WEDNESDAY, MARCH 17, 2004
House of Representatives Legislative Office Building, Room 512
Atlanta, Georgia 30334

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March 17, 2004

The Honorable Robbie Rivers Clerk, House of Representatives 309 State Capitol Atlanta, Georgia 30334
Dear Robbie:
I will not be present in the House Chamber on today as I am presently in Augusta, providing support and assistance to my wife as she recovers from heart procedures. Based upon her recovery, I will return on Friday, March 19, 2004.
Sincerely,
/s/ Pete Warren State Representative, District 99
PW:lj

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 1794. By Representative Powell of the 23rd:
A BILL to amend an Act providing a new charter for the City of Carnesville, so as to change the corporate limits of the city; and for other purposes.

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

HB 1795. By Representatives Butler of the 88th, Post 1, Harper of the 88th, Post 2, Smith of the 87th and Maxwell of the 27th:

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JOURNAL OF THE HOUSE
A BILL to amend an Act relating to the Board of Education and school superintendent of the Carroll County School District, so as to reconstitute the board of education; to change the descriptions of the education districts; and for other purposes.

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

HB 1796. By Representative Jamieson of the 22nd:
A BILL to create the Stephens County Historic Courthouse Restoration Authority; to provide for a definition; to provide for the purpose and powers of the authority; to provide for appointment, eligibility, and terms of members of the authority; and for other purposes.

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

HB 1797. By Representatives Hill of the 16th, Lewis of the 12th, Franklin of the 17th, Knox of the 14th, Post 1, Murphy of the 14th, Post 2 and others:
A BILL to amend an Act providing a new charter for the City of Waleska, so as to change certain provisions regarding corporate boundaries; to change certain provisions regarding municipal powers; to change certain provisions regarding municipal elections; to change certain provisions regarding council creation; and for other purposes.

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

HB 1798. By Representatives Smith of the 13th, Post 2, Childers of the 13th, Post 1 and Reece of the 11th:
A BILL to amend an Act providing for a homestead exemption from City of Rome independent school district ad valorem taxes for educational purposes for certain residents of that school district, so as to change the definition of homestead for purposes of the homestead exemption for persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00 and the homestead exemption for persons who are 65 years of age or over regardless of income; and for other purposes.

WEDNESDAY, MARCH 17, 2004

2077

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

HB 1799. By Representatives Rogers of the 15th, Reece of the 21st and White of the 3rd, Post 2:
A BILL to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, so as to provide that state and local agencies and entities shall determine what persons are eligible for services and benefits on the basis of citizenship, residency, and legality of presence in the United States; to provide for agencies and entities to require appropriate evidence of eligibility for services and benefits; and for other purposes.

Referred to the Committee on Judiciary.

HB 1800. By Representative Mitchell of the 61st, Post 3:
A BILL to amend Article 1 of Chapter 1 of title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to require certain persons who handle X-ray machines to undergo at least six hours of annual training and education; and for other purposes.

Referred to the Committee on Health & Human Services.

HB 1801. By Representative McCall of the 78th:
A BILL to amend an Act providing a new charter for the City of Bowman, so as to change provisions relating to the quorum and voting procedures for the city council; to change provisions relating to ordinance form and procedures; to change provisions relating to the powers and duties of the mayor; and for other purposes.

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

HB 1803. By Representatives Porter of the 119th, Skipper of the 116th, Childers of the 13th, Post 1, Parrish of the 102nd, Bordeaux of the 125th and others:

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A BILL to enact the "Frivolous Litigation Prevention Act"; to provide for legislative findings; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to change provisions relating to signing of pleadings and other documents, representation to the court, and sanctions; to change provisions relating to failure to make discovery, sanctions, and expenses; and for other purposes.

3/15/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1803. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Porter District 119

Referred to the Committee on Rules.

HB 1804. By Representatives Porter of the 119th, Skipper of the 116th, Childers of the 13th, Post 1, Parrish of the 102nd, Bordeaux of the 125th and others:
A BILL to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the Georgia Civil Practice Act, so as to require that a civil case or domestic relations filing information form be filed with a complaint; to require that a civil case or domestic relations final disposition form be filed with a judgment; and for other purposes.

3/15/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1804. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Porter District 119

WEDNESDAY, MARCH 17, 2004 Referred to the Committee on Rules.

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HB 1805. By Representatives Porter of the 119th, Skipper of the 116th, Childers of the 13th, Post 1, Parrish of the 102nd, Bordeaux of the 125th and others:
A BILL to amend Chapter 2 of Title 51 of the Official Code of Georgia Annotated, relating to imputable negligence, so as to provide that hospitals shall be insulated from liability for the acts of emergency room physicians who are independent contractors providing emergency health care services in a hospital emergency room; to provide for definitions; to provide for notice requirements regarding independent contractor physicians to the public; and for other purposes.

3/18/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1805. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Porter District 119

Referred to the Committee on Rules.

HB 1806. By Representatives Porter of the 119th, Skipper of the 116th, Lord of the 103rd, Childers of the 13th, Post 1, Parrish of the 102nd and others:
A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that insurance agents, subagents, and brokers shall be prohibited from entering into agreements with purchasers or holders of malpractice insurance that restrict such purchasers or holders from using another agent, subagent, or broker to purchase or renew a malpractice insurance policy; to provide remedies and penalties for such agreements; and for other purposes.

3/15/2004

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JOURNAL OF THE HOUSE

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1806. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Porter District 119

Referred to the Committee on Rules.

HR 1630. By Representatives Noel of the 44th, Smith of the 13th, Post 2, Dix of the 70th, Post 2, Teilhet of the 34th, Post 2, Stoner of the 34th, Post 1 and others:
A RESOLUTION creating the House Study Committee on Truck Safety on the Highways; and for other purposes.

Referred to the Committee on Transportation.

HR 1643. By Representative Gardner of the 42nd, Post 3:
A RESOLUTION creating the House Study Committee on Truck and Highway Safety; and for other purposes.

Referred to the Committee on Transportation.

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

HB 1776 HB 1777 HB 1778 HB 1779 HB 1780 HB 1781 HB 1782 HB 1783

HB 1792 HB 1802 HR 1576 HR 1577 HR 1578 HR 1579 HR 1580 HR 1581

HB 1784 HB 1785 HB 1786 HB 1787 HB 1788 HB 1789

WEDNESDAY, MARCH 17, 2004
HR 1629 SB 528 SB 554 SB 564 SB 615

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Representative Ray of the 108th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture and Consumer Affairs 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 1669 Do Pass, by Substitute HB 1766 Do Pass, by Substitute

Respectfully submitted, /s/ Ray of the 108th
Chairman

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

Mr. Speaker:

Your Committee on Rules has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 718 Do Pass HB 1537 Do Pass HB 1609 Do Pass HR 941 Do Pass HR 1030 Do Pass

HR 1203 Do Pass HR 1348 Do Pass HR 1403 Do Pass HR 1457 Do Pass HR 1474 Do Pass

Respectfully submitted,

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/s/ Smyre of the 111th Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 1661 Do Pass HB 1724 Do Pass HB 1725 Do Pass HB 1726 Do Pass HB 1727 Do Pass HB 1728 Do Pass HB 1729 Do Pass HB 1730 Do Pass HB 1731 Do Pass HB 1732 Do Pass HB 1733 Do Pass HB 1753 Do Pass

HB 1754 Do Pass HB 1755 Do Pass HB 1757 Do Pass HB 1763 Do Pass HB 1768 Do Pass HB 1770 Do Pass HB 1771 Do Pass HB 1773 Do Pass HB 1774 Do Pass SB 154 Do Pass SB 548 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, MARCH 17, 2004

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 33rd Legislative Day as enumerated below:

WEDNESDAY, MARCH 17, 2004

2083

HR 1440 HR 1454 HR 1455 HR 1456 HR 1460 HR 1469 HR 1472 HR 1473 HR 1530
HB 98 HB 484 HB 611 HB 653 HB 712 HB 762 HB 1028 HB 1035 HB 1047 HB 1105 HB 1168 HB 1190 HB 1258 HB 1322 HB 1384
HB 1414 HB 1418 HB 1424 HB 1428 HB 1489 HB 1510 HB 1526 HB 1539
HB 1558 HB 1567 HB 1617 HB 1702

UNCONTESTED HOUSE/SENATE RESOLUTIONS
Bill Conn Parkway; designate Max R. Davey Bridge; designate C. L. Mapp Bridge; designate Chief J. A. Fountain Bridge; designate Bob Fulton Memorial Highway; designate Forrest "Preacher" Sawyer Memorial Parkway; designate Johnny Wayne Spivey Bridge; designate Ricky L. Crockett Bridge; designate Aaron Cohn Regional Youth Detention Center; designate
DEBATE CALENDAR
State and nonprofit contractors; legislative oversight panels Personal property in custody of law enforcement agency; disposition License plates; disabled veteran; vehicle owned by certain trust Cigarettes and tobacco products; prohibit possession by minors Colleges and technical schools; textbooks in electronic format Landlord and tenant; tenant's goods; landlord's responsibility Georgia Hospital Insurance Authority; create Uniform rules; leaving child unattended in car; fine Soil Scientists Licensing Act of 2004; enact Sales tax exemption; wax and dies used by military Motor vehicles; driver's license applicants; examination provisions Education; amend provisions Minimum wage mandates by local governments; preemption; exceptions Child placement; adoption petition; time limit requirement Income tax credits; individual development accounts; comprehensive regulation Special county 1% sales tax; annual publication of audit Juvenile proceedings; juvenile court jurisdiction; change age Computer systems; transmission of unsolicited bulk e-mail; prohibit Home study programs; qualifications of tutors Bail; family violence offenses; clarify bond conditions Redevelopment; tax allocation districts; amend certain provisions Childhood vaccination registry; include all persons from birth to death Quality basic education; local share funds; equalization grants; midterm adjustment Hunting deer with dogs; permits; amend provisions Private probation services; local governments; agreements Notaries public; amend provisions; superior court fees Pardons and paroles; board employees; police powers

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HB 1704 HB 1708 HB 1709 HB 1746
HR 1420

State program of health services; fiscal condition; annual reports State agencies; furloughs or reduction in force; prohibit hiring; exceptions Nursing homes; influenza virus vaccine; offer patients annually Emergency '911' systems; service provider fees; intergovernmental contracts; joint authorities Uncompensated trauma care; trust fund to pay hospitals - CA

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

Pursuant to Rule 150, all Bills and Resolutions passed or adopted will be immediately transmitted to the Senate.

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

HB 1661. By Representatives Black of the 144th, Borders of the 142nd and Shaw of the 143rd:
A BILL to create the Lowndes County Public Facilities Authority; and for other purposes.

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

HB 1724. By Representatives Stephens of the 124th, Post 2, Stephens of the 123rd, Jackson of the 124th, Post 1, Bordeaux of the 125th and Day of the 126th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Thunderbolt ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.

WEDNESDAY, MARCH 17, 2004

2085

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

HB 1725. By Representatives Day of the 126th, Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1 and Stephens of the 124th, Post 2:
A BILL to amend an Act providing for a base year assessed value homestead exemption from the City of Vernonburg ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.

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

HB 1726. By Representatives Day of the 126th, Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1 and Stephens of the 124th, Post 2:
A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Tybee Island ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.

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

HB 1727. By Representatives Stephens of the 123rd, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Port Wentworth ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.

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

HB 1728. By Representatives Stephens of the 123rd, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Bloomingdale ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.

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

HB 1729. By Representatives Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Savannah ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.

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

HB 1730. By Representatives Stephens of the 123rd, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Garden City ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.

WEDNESDAY, MARCH 17, 2004

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

HB 1731. By Representatives Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from Chatham County and City of Savannah School District ad valorem taxes for educational purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.

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

HB 1732. By Representatives Stephens of the 123rd, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Pooler ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.

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

HB 1733. By Representatives Day of the 126th, Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and others:
A BILL to amend an Act providing for a base year assessed value homestead exemption from Chatham County ad valorem taxes for county purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.

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

HB 1753. By Representatives Rogers of the 20th, Reece of the 21st and Amerson of the 9th:
A BILL to amend an Act providing for a homestead exemption from all City of Gainesville independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or older and whose annual household income does not exceed $12,000.00, as amended, particularly by an Act which provided a homestead exemption from such taxes for such residents who are 62 years of age but less than 75 years of age in the amount of $30,000.00 of the assessed value of the homestead if the annual household income does not exceed $25,000.00 and a full value homestead exemption from such taxes for such residents who are 75 years of age or older; and for other purposes.

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

HB 1754. By Representatives Yates of the 85th, Post 1, Lunsford of the 85th, Post 2 and Howell of the 92nd:
A BILL to amend an Act to revise and consolidate the several Acts of the General Assembly of Georgia granting and amending the charter of the City of Griffin in Spalding County, so as 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.

HB 1755. By Representatives Yates of the 85th, Post 1 and Lunsford of the 85th, Post 2:

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2089

A BILL to amend an act incorporating the City of Sunny Side and providing a new charter for such city, so as to change the terms of office for the members of the council; to provide for staggered terms of office; and for other purposes.

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

HB 1757. By Representatives Smith of the 87th, Westmoreland of the 86th, Brown of the 89th, Harper of the 88th, Post 2 and Butler of the 88th, Post 1:
A BILL to continue the State Court of Coweta County; to specify the location of the court and provide for facilities therefor; to provide for jurisdiction, powers, practice, and procedure; to provide for terms of court; and for other purposes.

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

HB 1763. By Representatives Smith of the 13th, Post 2, Childers of the 13th, Post 1 and Reece of the 11th:
A BILL to create the City of Rome School Building Authority and to provide for the appointment of members of the authority; and for other purposes.

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

HB 1768. By Representatives Childers of the 13th, Post 1, Smith of the 13th, Post 2 and Reece of the 11th:
A BILL to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to change the definition of homestead for purposes of the homestead exemption for persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00 and the

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homestead exemption for persons who are 65 years of age or over regardless of income; and for other purposes.

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

HB 1770. By Representatives Childers of the 13th, Post 1, Smith of the 13th, Post 2 and Reece of the 11th:
A BILL to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to change the definition of homestead for purposes of the homestead exemption for persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00 and the homestead exemption for persons who are 65 years of age or over regardless of income; and for other purposes.

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

HB 1771. By Representative Ray of the 108th:
A BILL to create a board of elections and registration for Crawford County and provide for its powers and duties; and for other purposes.

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

HB 1773. By Representative Scott of the 138th:
A BILL to amend an Act entitled "An Act to provide for the election of the members of the board of education of Turner County," so as to provide for the compensation of the members of the board; and for other purposes.

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

WEDNESDAY, MARCH 17, 2004

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HB 1774. By Representatives Hill of the 16th, Rogers of the 15th, Franklin of the 17th, Murphy of the 14th, Post 2, Knox of the 14th, Post 1 and others:
A BILL to create the Holly Springs Parks and Recreation Authority; to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas; and for other purposes.

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

SB 154. By Senators Unterman of the 45th, Mullis of the 53rd and Balfour of the 9th:
A BILL to be entitled an Act to provide for the filling of vacancies in the office of sheriff of Gwinnett County; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

SB 548. By Senators Unterman of the 45th and Kemp of the 46th:
A BILL to be entitled an Act to amend an Act creating a new charter for the Town of Bethlehem, approved April 21, 1967 (Ga. L. 1967, p. 3412), so as to provide for a municipal court and the judges thereof; to provide for jurisdiction of such court; to provide for a clerk; to provide for bail; to provide for punishments; to provide for a town jail; to provide for the issuance of subpoenas and warrants and the execution of judgments; to provide for staggered terms of office for the members of the town council; to require submission for preclearance under Section 5 of the Federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

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On the passage of the Bills, 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 Y Black
Boggs Y Bordeaux Y Borders
Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce
Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler
Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

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

Mitchell Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M
O'Neal Orrock Y Parham Y Parrish Y Parsons Porter Y Powell Purcell Y Ralston Randall Ray Y Reece, B Y Reece, S Y Rice Y 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 Sims Sinkfield
Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T
Smith, V Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson Y Westmoreland Y White Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Yates Coleman, Speaker

On the passage of the Bills, the ayes were 133, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representatives Buck of the 112th and Jenkins of the 93rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

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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 Senate:
SB 263. By Senators Thomas of the 2nd, Squires of the 5th, Dean of the 31st and Thomas of the 54th:
A BILL to be entitled an Act to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide for reports and registration of legitimations, paternity orders, guardianships, and amendments and dissolutions of guardianships; to provide for duties of courts, the Office of State Administrative Hearings, petitioners, clerks of courts, and the state registrar; to provide for establishing a new certificate of birth in the case of legitimations and paternity orders; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 392. By Senators Smith of the 52nd, Shafer of the 48th, Collins of the 6th, Clay of the 37th, Lamutt of the 21st and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to enact the "Truancy Enforcement Act"; to provide notice to a student prior to reaching the maximum number of allowable absences for purposes of obtaining and maintaining an instruction permit or drivers license; to amend Chapter 2 of Title 39 of the O.C.G.A., relating to regulation of employment of minors, so as to require that a minor provide an employer with a letter from his or her school administrator indicating an attendance record in good standing; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers licenses for motor vehicles, so as to require minors to comply with attendance requirements for one academic year prior to applying for an instruction permit or drivers license; and for other purposes.
SB 414. By Senators Brush of the 24th and Cheeks of the 23rd:
A BILL to be entitled an Act to amend Code Section 17-8-71 to the Official Code of Georgia Annotated, relating to the order of argument after evidence is introduced in a criminal trial, so as to provide that the prosecuting attorney shall always conclude the argument to the jury; to repeal conflicting laws; and for other purposes.

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SB 445. By Senators Balfour of the 9th, Adelman of the 42nd, Tanksley of the 32nd, Zamarripa of the 36th and Tate of the 38th:
A BILL to be entitled an Act to amend Chapter 90 of Title 36, the "Local Government Cable Fair Competition Act of 1999," so as to define certain terms; to provide for the ratification of an authorization for a county or municipal corporation to provide cable service or information services; to provide for a referendum; to provide for the maintenance of certain records; to prohibit the cross-subsidization of the cost of providing such services; to provide for the filing of a report relating to finances in the county probate court; to repeal conflicting laws; and for other purposes.
SB 453. By Senators Hamrick of the 30th, Smith of the 52nd and Cagle of the 49th:
A BILL to be entitled an Act to amend Code Section 48-5-48.1 of the Official Code of Georgia Annotated, relating to procedures applicable to the freeport personal property inventory exemption, so as to provide for renewal notices; to repeal conflicting laws; and for other purposes.
SB 460. By Senators Cagle of the 49th, Gillis of the 20th, Hudgens of the 47th and Brush of the 24th:
A BILL to be entitled an Act to amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, so as to change certain provisions relating to 25 foot buffers along state waters; to authorize land-disturbing activity within such buffers if certain compensatory mitigation requirements are satisfied; to repeal conflicting laws; and for other purposes.
SB 471. By Senators Hamrick of the 30th, Kemp of the 46th, Hill of the 4th and Williams of the 19th:
A BILL to be entitled an Act to amend Chapters 2 and 3 of Title 20 of the O.C.G.A., relating to elementary and secondary education and to postsecondary education, respectively, so as to change the reporting system and method for determining eligibility for HOPE scholarships, other scholarships, grants, or loan assistance, and certain postsecondary courses and advanced placement courses for students enrolling as freshmen in eligible public or private postsecondary institutions on or after May 1, 2007; to provide that any funds awarded to the recipient of a HOPE scholarship or HOPE grant be in strict accordance with Article I, Section II, Paragraph VIII

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of the Constitution; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 495. By Senators Johnson of the 1st and Balfour of the 9th:
A BILL to be entitled an Act to amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, the "Georgia Minimum Wage Law," so as to preempt certain wage and employment benefit mandates by local government entities; to provide exceptions; to define certain terms; to provide legislative findings and declarations; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 517. By Senators Smith of the 52nd, Lee of the 29th, Shafer of the 48th, Gillis of the 20th, Starr of the 44th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 and Titles 36, 42, and 45 of the O.C.G.A., relating, respectively, to ethics in government; local government; penal institutions; and public officers, so as to provide for the comprehensive revision of provisions regarding ethics and conflicts of interest; to provide for and change certain definitions; to change certain provisions relative to declaration of policy; to provide for the timely issuance of advisory opinions by the State Ethics Commission and other matters relative to advisory opinions; to provide for penalties; to provide for restrictions on the Governors appointment power under certain circumstances; to repeal conflicting laws; and for other purposes.
SB 560. By Senators Hamrick of the 30th, Mullis of the 53rd, Tolleson of the 18th, Kemp of the 46th, Thomas of the 54th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to security deposits, so as to change the provisions relating to the rights of service members and their dependents to terminate a lease of premises occupied or intended to be occupied for a residential, professional, business, agricultural, or similar purpose at any time after the tenants entry into military service or at any time after the date of the tenants military orders; to provide for definitions; to provide for qualifications and restrictions; to provide for the rights and liabilities of service members and their dependents; to provide for practices, procedures, and notices; to repeal conflicting laws; and for other purposes.
SB 579. By Senators Brush of the 24th and Price of the 56th:

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A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to authorize the creation and operation of the Special K-12 Distance Learning School; to provide a definition; to provide for authority; to provide for the scope and funding of the school; to authorize contracts; to provide for rules and regulations; to provide for the applicability of reporting and accountability provisions; to provide for certificated teachers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 594. By Senators Clay of the 37th, Bulloch of the 11th and Balfour of the 9th:
A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of superior court judges for each judicial circuit, so as to create a new fourth superior court judgeship for the Cherokee Judicial Circuit, a new ninth superior court judgeship for the Gwinnett Judicial Circuit, and a new fifth superior court judgeship for the Southern Judicial Circuit; to provide for the initial appointment, election, and term of office of each such judge; to provide for the qualifications and for the compensation, salary, and expense allowance of said judges to be paid by the State of Georgia and the counties comprising the respective judicial circuits; to provide effective dates; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 678. By Senators Hamrick of the 30th, Williams of the 19th, Kemp of the 46th, Hill of the 4th, Smith of the 52nd and others:
A RESOLUTION proposing an amendment to the Constitution so as to remove capital outlay projects from inclusion in the educational purposes and programs for which lottery proceeds may be used; to provide for submission of this amendment for ratification or rejection; and for other purposes.
SR 858. By Senators Harp of the 16th, Hill of the 4th, Tolleson of the 18th, Johnson of the 1st and Meyer von Bremen of the 12th:
A RESOLUTION authorizing the Governor by executive order to establish local redevelopment commissions for the purpose of developing and directing redevelopment plans in accordance with the "Base Closure Community Redevelopment and Homeless Assistance Act of 1994"; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 541. By Senators Smith of the 52nd, Gillis of the 20th, Mullis of the 53rd and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that certain applications for resident hunting, fishing, or trapping licenses shall also serve as applications for voter registration; to provide for procedures and administration related thereto; to change certain provisions relating to application for registration; to repeal conflicting laws; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:

SB 263. By Senators Thomas of the 2nd, Squires of the 5th, Dean of the 31st and Thomas of the 54th:
A BILL to be entitled an Act to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide for reports and registration of legitimations, paternity orders, guardianships, and amendments and dissolutions of guardianships; to provide for duties of courts, the Office of State Administrative Hearings, petitioners, clerks of courts, and the state registrar; to provide for establishing a new certificate of birth in the case of legitimations and paternity orders; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 392. By Senators Smith of the 52nd, Shafer of the 48th, Collins of the 6th, Clay of the 37th, Lamutt of the 21st and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to enact the "Truancy Enforcement Act"; to provide notice to a student prior to reaching the maximum number of allowable absences for purposes of obtaining and maintaining an instruction permit or drivers license; to amend Chapter 2 of

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Title 39 of the O.C.G.A., relating to regulation of employment of minors, so as to require that a minor provide an employer with a letter from his or her school administrator indicating an attendance record in good standing; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers licenses for motor vehicles, so as to require minors to comply with attendance requirements for one academic year prior to applying for an instruction permit or drivers license; and for other purposes.

Referred to the Committee on Education.

SB 414. By Senators Brush of the 24th and Cheeks of the 23rd:
A BILL to be entitled an Act to amend Code Section 17-8-71 to the Official Code of Georgia Annotated, relating to the order of argument after evidence is introduced in a criminal trial, so as to provide that the prosecuting attorney shall always conclude the argument to the jury; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 445. By Senators Balfour of the 9th, Adelman of the 42nd, Tanksley of the 32nd, Zamarripa of the 36th and Tate of the 38th:
A BILL to be entitled an Act to amend Chapter 90 of Title 36, the "Local Government Cable Fair Competition Act of 1999," so as to define certain terms; to provide for the ratification of an authorization for a county or municipal corporation to provide cable service or information services; to provide for a referendum; to provide for the maintenance of certain records; to prohibit the cross-subsidization of the cost of providing such services; to provide for the filing of a report relating to finances in the county probate court; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Utilities & Telecommunications.

SB 453. By Senators Hamrick of the 30th, Smith of the 52nd and Cagle of the 49th:

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A BILL to be entitled an Act to amend Code Section 48-5-48.1 of the Official Code of Georgia Annotated, relating to procedures applicable to the freeport personal property inventory exemption, so as to provide for renewal notices; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

SB 460. By Senators Cagle of the 49th, Gillis of the 20th, Hudgens of the 47th and Brush of the 24th:
A BILL to be entitled an Act to amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, so as to change certain provisions relating to 25 foot buffers along state waters; to authorize landdisturbing activity within such buffers if certain compensatory mitigation requirements are satisfied; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

SB 471. By Senators Hamrick of the 30th, Kemp of the 46th, Hill of the 4th and Williams of the 19th:
A BILL to be entitled an Act to amend Chapters 2 and 3 of Title 20 of the O.C.G.A., relating to elementary and secondary education and to postsecondary education, respectively, so as to change the reporting system and method for determining eligibility for HOPE scholarships, other scholarships, grants, or loan assistance, and certain postsecondary courses and advanced placement courses for students enrolling as freshmen in eligible public or private postsecondary institutions on or after May 1, 2007; to provide that any funds awarded to the recipient of a HOPE scholarship or HOPE grant be in strict accordance with Article I, Section II, Paragraph VIII of the Constitution; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Higher Education.

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SB 495. By Senators Johnson of the 1st and Balfour of the 9th:
A BILL to be entitled an Act to amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, the "Georgia Minimum Wage Law," so as to preempt certain wage and employment benefit mandates by local government entities; to provide exceptions; to define certain terms; to provide legislative findings and declarations; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Industrial Relations.

SB 517. By Senators Smith of the 52nd, Lee of the 29th, Shafer of the 48th, Gillis of the 20th, Starr of the 44th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 and Titles 36, 42, and 45 of the O.C.G.A., relating, respectively, to ethics in government; local government; penal institutions; and public officers, so as to provide for the comprehensive revision of provisions regarding ethics and conflicts of interest; to provide for and change certain definitions; to change certain provisions relative to declaration of policy; to provide for the timely issuance of advisory opinions by the State Ethics Commission and other matters relative to advisory opinions; to provide for penalties; to provide for restrictions on the Governors appointment power under certain circumstances; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 560. By Senators Hamrick of the 30th, Mullis of the 53rd, Tolleson of the 18th, Kemp of the 46th, Thomas of the 54th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to security deposits, so as to change the provisions relating to the rights of service members and their dependents to terminate a lease of premises occupied or intended to be occupied for a residential, professional, business, agricultural, or similar purpose at any time after the tenants entry into military service or at any time after the date of the tenants military orders; to provide for definitions; to provide for qualifications and restrictions; to provide for the rights and

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liabilities of service members and their dependents; to provide for practices, procedures, and notices; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 579. By Senators Brush of the 24th and Price of the 56th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to authorize the creation and operation of the Special K-12 Distance Learning School; to provide a definition; to provide for authority; to provide for the scope and funding of the school; to authorize contracts; to provide for rules and regulations; to provide for the applicability of reporting and accountability provisions; to provide for certificated teachers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 594. By Senators Clay of the 37th, Bulloch of the 11th and Balfour of the 9th:
A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of superior court judges for each judicial circuit, so as to create a new fourth superior court judgeship for the Cherokee Judicial Circuit, a new ninth superior court judgeship for the Gwinnett Judicial Circuit, and a new fifth superior court judgeship for the Southern Judicial Circuit; to provide for the initial appointment, election, and term of office of each such judge; to provide for the qualifications and for the compensation, salary, and expense allowance of said judges to be paid by the State of Georgia and the counties comprising the respective judicial circuits; to provide effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

Representative Brown of the 89th arose to a point of personal privilege and addressed the House.

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Representative Holmes of the 48th, Post 1 arose to a point of personal privilege and addressed the House.

Representative Bunn of the 63rd arose to a point of personal privilege and addressed the House.

Representative Gardner of the 42nd, Post 3 arose to a point of personal privilege and addressed the House.

Representative Teper of the 42nd, Post 1 arose to a point of personal privilege and addressed the House.

Representative White of the 3rd, Post 2 arose to a point of personal privilege and addressed the House.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 1644. By Representative Morris of the 120th:
A RESOLUTION commending the Robert Toombs Christian Academy football team and inviting the members of the team to appear before the House of Representatives; and for other purposes.

HR 1645. By Representative Rice of the 64th:
A RESOLUTION commending the Wesleyan Wolves girls' basketball team and inviting the players and their coaches to appear before the House of Representatives; and for other purposes.

HR 1646. By Representatives Bannister of the 70th, Post 1 and Heard of the 70th, Post 3:

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A RESOLUTION inviting the coaches and players of the South Gwinnett High School Comets basketball team to appear before the House of Representatives; and for other purposes.

HR 1647. By Representatives Martin of the 37th, Parrish of the 102nd, Burkhalter of the 36th, Coleman of the 118th and Jones of the 38th:
A RESOLUTION commending and recognizing the Dodge Tour de Georgia and inviting representatives to appear before the House of Representatives; and for other purposes.

HR 1649. By Representatives Bruce of the 45th, Holmes of the 48th, Post 1, Fludd of the 48th, Post 4, Heckstall of the 48th, Post 3, Beasley-Teague of the 48th, Post 2 and others:
A RESOLUTION honoring the Benjamin E. Mays High School Raiders basketball team and inviting the team to appear before the House of Representatives; and for other purposes.

HR 1650. By Representatives Stephens of the 124th, Post 2, Jackson of the 124th, Post 1, Bordeaux of the 125th, Stephens of the 123rd and Day of the 126th:
A RESOLUTION commending Anthony R. James and inviting him to appear before the House of Representatives; and for other purposes.

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

HR 1203. By Representatives Smith of the 76th, Douglas of the 73rd, Holmes of the 48th, Post 1 and McBee of the 74th:
A RESOLUTION recognizing and commending Colonel Robert A. Guy for outstanding contributions to public education in the State of Georgia and inviting him to appear before the House of Representatives; and for other purposes.

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Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1567. By Representatives Greene of the 134th, Butler of the 88th, Post 1, Barnard of the 121st, Post 1, Buckner of the 109th and Reece of the 11th:
A BILL to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for probation services by private entities and local governments; to change certain provisions relating to applicability of the state-wide probation system to counties establishing probation systems or entering into agreements for private probation services pursuant to Code Section 42-8-100; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for probation services by private entities and local governments; to change certain provisions relating to applicability of the state-wide probation system to counties establishing probation systems or entering into agreements for private probation services pursuant to Code Section 42-8-100; to change certain provisions relating to agreements for probation services; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by striking Code Section 42-8-30.1, relating to applicability of the state-wide probation system to counties establishing probation systems or entering into agreements for private probation services pursuant to Code Section 42-8-100, and inserting in lieu thereof the following:
"42-8-30.1. In any county where the chief judge of the superior court, state court, municipal court, probate court, or magistrate court has provided for probation services for such court through agreement with a private corporation, private enterprise, or private agency or has established a county or municipal probation system for such court pursuant to Code Section 42-8-100, the provisions of this article relating to probation supervision services shall not apply to defendants sentenced in any such court."

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SECTION 2. Said chapter is further amended by striking Article 6, relating to agreements for probation services, and inserting in lieu thereof the following:
"ARTICLE 6
42-8-100. (a) As used in this article, the term:
(1) 'Council' means the County and Municipal Probation Advisory Council created under Code Section 42-8-101. (2) 'Private probation officer' means a probation officer employed by a private corporation, private enterprise, or private agency that provides probation services. (3) 'Probation officer' means a person employed to supervise defendants placed on probation by a county or municipal court for committing an ordinance violation or misdemeanor. (a)(b) Any county or municipal court which has original jurisdiction of ordinance violations or misdemeanors and in which the defendant in such a case has been found guilty upon verdict or plea or has been sentenced upon a plea of nolo contendere any plea, may, at a time to be determined by the court, hear and determine the question of the probation of such defendant. (b)(c) If it appears to the court upon a hearing of the matter that the defendant is not likely to engage in an unlawful course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon the defendant but may stay and suspend the execution of the sentence or any portion thereof or may place him or her on probation under the supervision and control of a probation supervisor officer for the duration of such probation, subject to the provisions of this Code section. The period of probation or suspension shall not exceed the maximum sentence of confinement which could be imposed on the defendant. (c)(d)(1) The court may, in its discretion, require the payment of a fine or costs, or both, as a condition precedent to probation. (2) The court may, in its discretion and for purposes of monitoring compliance with the terms of the probated sentence, choose to track a defendant by mapping the defendants location and coordinating the data with crime scene information. (d)(e) The sentencing judge shall not lose jurisdiction over any person placed on probation during the term of his or her probated sentence. The judge is empowered to revoke any or all of the probated sentence, rescind any or all of the sentence, or, in any manner deemed advisable by the judge, modify or change the probated sentence at any time during the period of time originally prescribed for the probated sentence to run. (e)(f) If a defendant is placed on probation pursuant to this Code section by a county or municipal court other than one for the county or municipality in which he or she resides for committing any ordinance violation or misdemeanor, such defendant may, when

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specifically ordered by the court, have his or her probation supervision transferred to the county or municipality in which he or she resides.
(f)(g)(1) The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to enter into written contracts with corporations, enterprises, or agencies to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in that court and placed on probation in the county. In no case shall a private probation corporation or enterprise be charged with the responsibility for supervising a felony sentence. The final contract negotiated by the chief judge with the private probation entity shall be attached to the approval by the governing authority of the county to privatize probation services as an exhibit thereto. The termination of a contract for probation services as provided for in this subsection entered into on or after July 1, 2001, shall be initiated by the chief judge of the court which entered into the contract, and subject to approval by the governing authority of the county which entered into the contract and in accordance with the agreed upon, written provisions of such contract. The termination of a contract for probation services as provided for in this subsection in existence on July 1, 2001, and which contains no provisions relating to termination of such contract shall be initiated by the chief judge of the court which entered into the contract, and subject to approval by the governing authority of the county which entered into the contract and in accordance with the agreed upon, written provisions of such contract. (2) The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to establish a county probation system to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in that court and placed on probation in the county. In no case shall probation services established by the local governing authority be charged with the responsibility for supervising a felony sentence. The final agreement entered into by the chief judge with the local governing authority for the establishment of probation services shall be attached to the approval by the governing authority of the county to establish probation services as an exhibit thereto. The termination of an agreement for probation services as provided for in this subsection shall be initiated by the chief judge of the court which entered into the agreement, and subject to approval by the governing authority of the county which entered into the agreement and in accordance with the written provisions of such agreement. (g)(h)(1) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing authority of that municipality or consolidated government, is authorized to enter into written contracts with private corporations, enterprises, or agencies to

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provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation. The final contract negotiated by the judge with the private probation entity shall be attached to the approval by the governing authority of the municipality or consolidated government to privatize probation services as an exhibit thereto. (2) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing authority of that municipality or consolidated government, is authorized to establish a probation system to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation. In no case shall probation services established by a municipality or consolidated government be charged with the responsibility for supervising a felony sentence. The final agreement entered into by the judge with the local governing authority for the establishment of probation services shall be attached to the approval by the governing authority of the municipality or consolidated government to establish probation services as an exhibit thereto. The termination of an agreement for probation services as provided for in this subsection shall be initiated by the judge of the court which entered into the agreement, and subject to approval by the governing authority of the municipality or consolidated government which entered into the agreement and in accordance with the written provisions of such agreement.
42-8-101. (a) There is created the County and Municipal Probation Advisory Council, to be composed of one superior court judge designated by The Council of Superior Court Judges of Georgia, one state court judge designated by The Council of State Court Judges of Georgia, one municipal court judge designated by the Council of Municipal Court Judges of Georgia, one sheriff appointed by the Governor, one probate court judge designated by The Council of Probate Court Judges of Georgia, one magistrate designated by the Council of Magistrate Court Judges, one clerk of superior court designated by the Council of Superior Court Clerks of Georgia, one clerk of municipal court designated by the Council of Municipal Court Judges of Georgia, one member of the House of Representatives appointed by the Speaker of the House, one member of the Senate appointed by the President of the Senate, the commissioner of corrections or his or her designee, one public probation officer appointed by the Governor, one private probation officer or individual with expertise in private probation services by virtue of his or her training or employment appointed by the Governor, one mayor or member of a municipal governing authority appointed by the Governor, and one county commissioner appointed by the Governor. Members of the council appointed by the

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Governor shall be appointed for terms of office of four years. The member of the House of Representatives, the member of the Senate, and the commissioner of corrections or his or her designee shall each serve in an advisory capacity only. With the exceptions of the member of the House of Representatives, the member of the Senate, the public probation officer, the county commissioner, the sheriff, the mayor or member of a municipal governing authority, and the commissioner of corrections or his or her designee, each designee or representative shall be employed in their representative capacity in a judicial circuit operating under a contract with a private corporation, enterprise, or agency as provided under Code Section 42-8-100. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. In the event of death, resignation, disqualification, or removal for any reason of any member of the council, the vacancy shall be filled in the same manner as the original appointment and any successor shall serve for the unexpired term. Such council shall promulgate rules and regulations regarding contracts or agreements for the provision of probation services and the conduct of business by uniform standards of operation applicable to private entities providing probation services and county, municipality, or consolidated governments establishing probation systems as authorized by this article. (b) The business of the council shall be conducted in the following manner:
(1) The council shall annually elect a chairperson and a vice chairperson from among its membership. The offices of chairperson and vice chairperson shall be filled in such a manner that they are not held in succeeding years by representatives of the same component (law enforcement, courts, corrections) of the criminal justice system; (2) The council shall meet at such times and places as it shall determine necessary or convenient to perform its duties. The council shall also meet on the call of the chairperson or at the written request of three of its members; (3) The council shall maintain minutes of its meetings and such other records as it deems necessary; and (4) The council shall adopt such rules for the transaction of its business as it shall desire and may appoint such committees as it considers necessary to carry out its business and duties. (c) Members of the council shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the council is in attendance at a meeting of such council, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal motor vehicle in connection with such attendance as members of the General Assembly receive. Payment of such expense and travel allowance shall be subject to availability of funds and shall be in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. (d) The council is assigned to the Administrative Office of the Courts for administrative purposes only in accordance with Code Section 50-4-3. The funds necessary to carry out the provisions of this article shall come from funds appropriated

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to the Administrative Office of the Courts or otherwise available to the council. The council is authorized to accept and use grants of funds for the purpose of carrying out the provisions of this article. (e) The council shall have the following powers and duties:
(1) To promulgate rules and regulations for the administration of the council, including rules of procedure for its internal management and control; (2) To review the promulgate rules and regulations to implement those uniform professional standards for private probation officers and uniform contract standards for private probation contracts established in Code Section 42-8-102 and submit a report with its recommendations to the General Assembly; (3) To promulgate rules and regulations to implement those uniform professional standards for probation officers employed by a governing authority of a county, municipality, or consolidated government that has established probation services and uniform agreement standards for the establishment of probation services by a county, municipality, or consolidated government established in Code Section 42-8-102; (3)(4) To promulgate rules and regulations establishing a 40 hour initial orientation for newly hired private probation officers and for 20 eight hours per annum of continuing education for private probation officers, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a probation or parole officer basic course of training certified by the Georgia Peace Officer Standards and Training Council or any private probation officer who has been employed by a private probation corporation, enterprise, or agency for at least six months as of July 1, 1996; (5) To promulgate rules and regulations establishing a 40 hour initial orientation for probation officers employed by a county, municipality, or consolidated government that has established probation services and for eight hours per annum of continuing education for probation officers, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a probation or parole officer basic course of training certified by the Georgia Peace Officer Standards and Training Council or any probation officer who has been employed by a county, municipality, or consolidated government as a probation officer at least six months as of July 1, 2004; (4)(6) To promulgate rules and regulations relative to the enforcement of compliance with the provisions of this article, which and enforcement mechanisms which may include, but are not limited to, the imposition of sanctions and fines and the voiding of contracts or agreements; (5)(7) To promulgate rules and regulations establishing registration for any private corporation, private enterprise, or private agency, county, municipality, or consolidated government providing probation services under the provisions of this article, subject to the provisions of subsection (a) of Code Section 42-8-107; (6)(8) To produce an annual summary report. Such report shall not contain information identifying individual private corporations, nonprofit corporations, or enterprises or their contracts; and

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(7)(9) To promulgate rules and regulations requiring criminal record checks of private probation officers registered under this Code section and establishing procedures for such criminal record checks. Such rules and regulations shall require a private probation entity to conduct a criminal history records check, as provided in Code Section 35-3-34, for all private probation officers employed by that entity; and to certify the results of such criminal history records check to the council, in such detail as the council may require. Notwithstanding Code Section 35-3-38 or any other provision of law, a private probation entity shall, upon request, communicate criminal history record information on a private probation officer to the The Administrative Office of the Courts and on behalf of the County and Municipal Probation Advisory Council council shall conduct a criminal records check for probation officers as provided in Code Section 35-3-34. No applicant shall be registered who has previously been convicted of a felony. The council shall promulgate rules and regulations regarding registration requirements, including restrictions regarding misdemeanor convictions. (f) The initial standards, rules, and regulations of the County and Municipal Probation Advisory Council promulgated under this article shall become effective on January 1, 1996.
42-8-102. (a) The uniform professional standards contained in this subsection shall be met by any person employed as and using the title of a private probation officer. Any such person shall be at least 21 years of age at the time of appointment to the position of private probation officer and must have completed a standard two-year college course; provided, however, that any person who is currently employed as a private probation officer as of July 1, 1996, and who has had at least six months of experience as a private probation officer or any person employed as a probation officer by a county, municipality, or consolidated government as of July 1, 2004, who had at least six months of experience as a probation officer as of such date shall be exempt from such college requirements. Every private probation officer shall receive an initial 40 hours of orientation upon employment and shall receive 20 eight hours of continuing education per annum as approved by the County and Municipal Probation Advisory Council council, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a probation or parole officer basic course of training certified by the Peace Officer Standards and Training Council or any private probation officer who has had been employed by a private probation corporation, enterprise, or agency for at least six months as of July 1, 1996, or any person employed as a probation officer by a county, municipality, or consolidated government as of July 1, 2004, who had at least six months of experience as a probation officer as of such date. In no event shall any person convicted of a felony be employed as a private probation officer or utilize the title of private probation officer.

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(b) The uniform contract standards contained in this Code section subsection shall apply to all private probation contracts executed under the authority of Code Section 42-8-100. The terms of any such contract shall state, at a minimum:
(1) The extent of the services to be rendered by the private corporation or enterprise providing probation supervision; (2) Any requirements for staff qualifications, to include those contained in this Code section as well as any surpassing those contained in this Code section; (3) Requirements for criminal record checks of staff in accordance compliance with the rules and regulations established by the County and Municipal Probation Advisory Council council; (4) Policies and procedures for the training of staff that comply with the rules and regulations established by the council; (5) Bonding of staff and Proof of at least $1 million in liability insurance coverage; (6) Proof of bonding of staff with the bond made payable to the governing authority; (6)(7) Staffing levels and standards for offender supervision, including frequency and type of contacts with offenders; (7)(8) Procedures for handling the collection of all court ordered fines, fees, surcharges, and restitution required by court order or statute; (9) Procedures for remitting all fines, fees, surcharges, and costs required by court order or statute and collected during each calendar month to the clerk of court or designated court official by the 15th day of the following calendar month; (8)(10) Procedures for handling indigent offenders to ensure placement of such indigent offenders irrespective of the ability to pay; (9)(11) Circumstances Guidelines under which revocation of an offenders probation may be recommended; (10)(12) Reporting and record-keeping requirements; and (11)(13) Default and contract termination procedures. (c) The uniform agreement standards contained in this subsection shall apply to all county, municipality, and consolidated governments that enter into agreements with a judge to provide probation services under the authority of Code Section 42-8-100. The terms of any such agreement shall state at a minimum: (1) The extent of services to be rendered by the local governing authority providing probation services; (2) Any requirements for staff qualifications, to include those contained in this Code section; (3) Requirements for criminal record checks of staff in compliance with the rules and regulations established by the council; (4) Policies and procedures for the training of staff that comply with the rules and regulations established by the council; (5) Staffing levels and standards for offender supervision, including frequency and type of contacts with offenders; (6) Procedures for handling the collection of all court ordered fines, fees, surcharges, and restitution;

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(7) Procedures for remitting all fines, fees, surcharges, and costs required by court order or statute and collected during each calendar month to the clerk of court or designated court official by the 15th day of the following calendar month; (8) Guidelines under which revocation of an offenders or defendants probation will be recommended; (9) Reporting and record keeping requirements; and (10) Default and agreement termination procedures. (c)(d) The County and Municipal Probation Advisory Council council shall review the uniform professional standards and uniform contract and agreement standards contained in subsections (a), and (b), and (c) of this Code section and shall submit a report on its findings to the General Assembly. The council shall submit its initial report on or before July 1, 1997 January 1, 2005, and shall continue such reviews every two years thereafter. Nothing contained in such report shall be considered to authorize or require a change in the standards without action by the General Assembly having the force and effect of law. This report shall provide information which will allow the General Assembly to review the effectiveness of the minimum professional standards and, if necessary, to revise these standards. This subsection shall not be interpreted to prevent the council from making recommendations to the General Assembly prior to its required review and report.
42-8-103. (a) Any private corporation, private enterprise, or private agency contracting to provide probation services or any county, municipality, or consolidated government entering into an agreement under the provisions of this article shall provide to the judge with whom the contract or agreement was made and the County and Municipal Probation Advisory Council council a quarterly monthly report summarizing specifying the number of offenders supervised by the private corporation, enterprise, or agency under supervision; the amount of fines, statutory surcharges and fees, court costs, and restitution collected; and the amount of moneys remitted for the month to the clerk or court official; the number of offenders for whom supervision or rehabilitation has been terminated and the reason for the termination; and the number of warrants issued during the calendar month, in such detail as the council may require. (b) Any private corporation, private enterprise, private agency, county, municipality, or consolidated government contracting or entering into an agreement to provide probation services under the provisions of this article shall provide to the court clerk or court official of the governing authority a monthly remittance of all fines, fees, surcharges, costs, and restitution required by court order or statute and collected during each calendar month to the clerk of court or designated court official by the tenth day of the following calendar month. (b)(c) All records of any private corporation, private enterprise, or private agency contracting to provide services or of any county, municipality, or consolidated government entering into an agreement under the provisions of this article shall be open to inspection upon the request of the affected county, municipality, consolidated

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government, court, the Department of Audits and Accounts, or the County and Municipal Probation Advisory Council council or its designee.
42-8-104. (a) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor any employees of such entities shall engage in any other employment, business, or activity which interferes or conflicts with the duties and responsibilities under contracts authorized in this article. (b) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor its employees shall have personal or business dealings, including the lending of money, with probationers under their supervision.
(c)(1) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article on or after January 1, 1997, nor any employees of such entities, shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Human Resources. (2) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor any employees of such entities shall specify, directly or indirectly, a particular DUI Alcohol or Drug Use Risk Reduction Program which a probationer may or shall attend. This paragraph shall not prohibit furnishing any probationer, upon request, with the names of certified DUI Alcohol or Drug Use Risk Reduction Programs. Any person violating this paragraph shall be guilty of a misdemeanor.
42-8-105. The provisions of this article shall not affect the ability of local governments to enter into intergovernmental agreements for probation services. (a) No county, municipality, or consolidated government probation officer or other probation office employee shall engage in any other employment, business, or activity which interferes or conflicts with the duties and responsibilities under agreements authorized in this article. (b) No county, municipality, or consolidated government probation officer or other probation office employee shall have personal or business dealings, including the lending of money, with probationers under the supervision of such probation office.
(c)(1) No county, municipality, or consolidated government probation officer or other probation office employee shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Human Resources. (2) No county, municipality, or consolidated government that provides probation services through an agreement under the provisions of this article nor any employees

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of such shall specify, directly or indirectly, a particular DUI Alcohol or Drug Use Risk Reduction Program which a probationer may or shall attend. This paragraph shall not prohibit furnishing any probationer, upon request, with the names of certified DUI Alcohol or Drug Use Risk Reduction Programs. Any person violating this paragraph shall be guilty of a misdemeanor.
42-8-106. (a) All reports, files, records, and papers of whatever kind relative to the supervision of probationers by a private corporation, private enterprise, or private agency contracting under the provisions of this article or county, municipality, or consolidated government providing probation services under the provisions of this article are declared to be confidential and shall be available only to the affected county, municipality, or consolidated government, the judge handling a particular case, the Department of Audits and Accounts, or and the County and Municipal Probation Advisory Council council or its designee. (b) In the event of a transfer of the supervision of a probationer from a private corporation, private enterprise, or private agency or local governing authority providing probation services under the provision of this article to the Department of Corrections, the Department of Corrections shall have access to any relevant reports, files, records, and papers of the transferring private entity. All reports, files, records, and papers of whatever kind relative to the supervision of probationers by private corporations, private enterprises, or private agencies under contracts authorized by this article or local governing authorities providing probation services under agreements authorized by this article shall not be subject to process of subpoena.
42-8-107. (a)(1) All private corporations, private enterprises, and private agencies contracting or offering to contract for probation services shall register with the County and Municipal Probation Advisory Council council before entering into any contract to provide services. The information included in such registration shall include the name of the corporation, enterprise, or agency, its principal business address and telephone number, the name of its agent for communication, and other information in such detail as the council may require. No registration fee shall be required. (2) Beginning with calendar year 1995, each private corporation, private enterprise, or private agency contracting or offering to contract for probation services shall pay an annual registration fee of $25.00 for each court it serves that has not more than 1,000 active offenders supervised by such court and $50.00 for each court it serves that has more than 1,000 active offenders supervised by such court. For purposes of determining the applicable amount of annual registration fee due, the number of active offenders served by any court shall be calculated as of December 31 of the preceding calendar year. (b)(3) Any private corporation, private enterprise, or private agency required to register under the provisions of paragraph (1) of subsection (a) of this Code section

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who which fails or refuses to do so shall be subject to revocation of any existing contracts, in addition to any other fines or sanctions imposed by the County and Municipal Probation Advisory Council council. (b)(1) Any county, municipality, or consolidated government agreeing or offering to agree to establish a probation system shall register with the council before entering into an agreement with the court to provide services. The information included in such registration shall include the name of the county, municipality, or consolidated government, the principal business address and telephone number, a contact name for communication with the council, and other information in such detail as the council may require. (2) No registration fee shall be required for any county, municipality, or consolidated government establishing a probation system. (3) Any county, municipality, or consolidated government required to register under the provisions of paragraph (1) of subsection (a) of this Code section which fails or refuses to do so shall be subject to revocation of existing agreements, in addition to any other sanctions imposed by the council.
42-8-108. (a) The probation providers standards contained in this Code section subsection shall be met by private corporations, private enterprises, or private agencies who which enter into written contracts for probation services under the authority of Code Section 42-8100 on or after January 1, 1997 July 1, 2004. Any corporation, private enterprise, or private agency who which fails to meet the standards established in this Code section subsection on or after January 1, 1997 July 1, 2004, shall not be eligible to provide probation services in this state. All private corporations, private enterprises, or private agencies who which enter into written contracts for probation services under the authority of Code Section 42-8-100 on or after January 1, 1997 July 1, 2004, shall:
(1) Maintain no less than $1 million coverage in general liability insurance Meet all requirements as outlined in subsection (b) of Code Section 42-8-102, relating to uniform contract standards; (2) Not own or control any finance business or lending institution which makes loans to probationers under its supervision for the payment of probation fees or fines; and (3) Employ at least one person who is responsible for the direct supervision of probation officers employed by the corporation, enterprise, or agency and who shall have at least five years experience in corrections, parole, or probation services; provided, however, that the five-year experience requirement shall not apply to any corporation, enterprise, or agency which is currently engaged in the provision of private probation services in this state on April 15, 1996. (b) The standards contained in this subsection shall be met by all counties, municipalities, or consolidated governments entering into written agreements to provide probation services to any court under the authority of Code Section 42-8-100 on or after July 1, 2004. Any county, municipality, or consolidated government which fails to meet the standards established in this subsection on or after July 1, 2004, shall not be

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eligible to provide probation services. All counties, municipalities, or consolidated governments which enter into written agreements to provide probation services under the authority of Code Section 42-8-100 on or after July 1, 2004, shall:
(1) Register with the council; (2) Meet the requirements of subsection (c) of Code Section 42-8-102; and (3) Employ at least one person who is responsible for the direct supervision of probation officers employed by the governing authority who shall have at least five years experience in parole or probation services or law enforcement; provided, however, that the five year experience requirement shall not apply to any such supervisor employed by a county, municipality, or consolidated government which was engaged in the provision of probation services on April 15, 2004."
SECTION 3. This Act shall become effective upon approval by the Governor or upon becoming law without such approval for purposes of promulgating rules and regulations; for all other purposes, this Act shall become effective July 1, 2004.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Butler of the 88th, Post 1 and Greene of the 134th move to amend the Committee substitute to HB 1567 as follows:
42-8-107 pg 13 line 1 change "1995" to "2005".

The Committee substitute, as amended, was adopted.

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

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

N Amerson Y Anderson Y Ashe
Bannister Y Barnard

Y Day Dean Deloach
Y Dix Y Dodson

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

WEDNESDAY, MARCH 17, 2004

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

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

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

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

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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 Y Stephenson
Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson N Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 141, nays 16.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representatives Lucas of the 105th and Sheldon of the 71st, Post 2 stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Forster of the 3rd, Post 1 stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 611. By Representative Campbell of the 39th:

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A BILL to amend Code Section 40-2-71 of the Official Code of Georgia Annotated, relating to disabled veteran license plates, so as to authorize the issuance of a license plate to a veteran for a vehicle which is owned by a trust if the veteran is the sole beneficiary, the trustee, and the donor of such trust; 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 Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges Y Brock
Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

Y 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
Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 E Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

On the passage of the Bill, the ayes were 165, nays 0.

WEDNESDAY, MARCH 17, 2004 The Bill, having received the requisite constitutional majority, was passed.

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HB 1617. By Representatives Moraitakis of the 42nd, Post 4, Thomas of the 43rd, Post 1, Ashe of the 42nd, Post 2 and Willard of the 40th:
A BILL to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to provide for additional qualifications of a notary; to change certain provisions relating to the notary's application; to change certain provisions relating to fees of notaries; to change certain provisions relating to a notary's obligation to advise the clerk of superior court of certain changes in personal information; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to superior court fees, so as to change the fee for issuing certificates of appointment and reappointment to notaries public; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to provide for additional qualifications of a notary; to change certain provisions relating to the notarys application; to change certain provisions relating to a notarys obligation to advise the clerk of superior court of certain changes in personal information; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, is amended by striking Code Section 45-17-2, relating to qualifications of notaries, and inserting in lieu thereof the following:
"45-17-2. (a) Any individual applying for appointment to be a notary public must be shall:
(1) At Be at least 18 years old; (2) A Be a resident of this state; (3) A Be a resident of the county from which such individual is appointed; and (4) Have an operating telephone number; and (4) Able (5) Be able to read and write the English language. (b) The qualifications of paragraphs (2) and (3) of subsection (a) of this Code section

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shall not apply to any individual applying for appointment as a notary public under the provisions of Code Section 45-17-7."

SECTION 2.

Said title is further amended by striking in its entirety Code Section 45-17-2.1, relating to

the notarys application, and inserting in lieu thereof the following:

"(a) Any individual desiring to be a notary public shall submit application to the clerk

of superior court of the county in which the individual resides or, when applying under

the provisions of Code Section 45-17-7, to the clerk of superior court of the county in

which the individual works or has a business. Except for applicants applying under the

provisions of Code Section 45-17-7, the applicant shall submit proof to the clerk of

superior court that he or she resides in the county in which the applicant is applying.

The applicant shall sign and swear or affirm as outlined in paragraph (2) of subsection

(b) of this Code section to the truthfulness of the application which shall state:

(1) That the applicant resides or works or has a business in the county of application

and the address of the residence or business. The applicant shall use his or her

residential address for purposes of the application and may only use a business

address for the application if the applicant is applying pursuant to the provisions of

Code Section 45-17-7;

(2) That the applicant is at least 18 years old;

(3) That the applicant can read and write the English language;

(4) That the applicant has an operating telephone number;

(4)(5) All denials, revocations, suspensions, restrictions, or resignations of a notary

commission held by the applicant; and

(5)(6) All criminal convictions of the applicant, including any plea of nolo

contendere, except minor traffic violations.

(b) In addition to the application required in subsection (a) of this Code section, every

applicant for appointment as notary public shall also submit to the clerk of superior

court of the county in which the individual makes application:

(1) Endorsements from two persons who are not relatives of the applicant, who are at

least 18 years old, and who reside in the county in which the individual makes

application, and who have known the applicant for at least one year. The

endorsement shall be in the following form:

I,

(name of endorser)

, being 18 years of age or older and a resident of

(name of county)

, believe the applicant for a notary public commission,

(name of applicant)

, who is not related to myself, to be a person of integrity,

of good moral character, and capable of performing notarial acts. I have known the

applicant for one year or more.

_______________________ (Signature of endorser) _______________________ (Address of endorser)

__________ (Date)

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_________________________

(Telephone number of endorser)

(2) A declaration of applicant which shall have been signed in the presence of a

commissioned notary public of this state. The declaration of applicant shall be in the

following form:

I,

(name of applicant)

, do solemnly swear or affirm under penalty of

perjury that the personal information I have written in this application is true,

complete, and correct.

_________________________

(Signature of applicant)

State of ____________

County of __________

On this ____ day of ______________, ____, before me appeared,

_______________________, the person who signed the preceding declaration of

applicant in my presence and who swore or affirmed that

(he/she)

understood the document and freely declared it to be truthful.

__________________________________

(Official signature of the notary)

(Official seal of the notary)"

SECTION 3. Said title is further amended by striking subsection (a) of Code Section 45-17-13, relating to a notarys obligation to advise the clerk of superior court of certain changes in personal information, and inserting in lieu thereof the following:
"(a) Every notary public shall notify in writing the appointing clerk of superior court, with a copy to the Georgia Superior Court Clerks Cooperative Authority, of any change in the notarys residence or business address, whichever was used for the purpose of appointment, and of any change in the notarys telephone number. The notice shall contain both the old and new addresses and must be received by the clerk of superior court within 30 days of the change."

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Smith of the 76th moves to amend the Committee substitute to HB 1617 by striking lines 16 and 17 of page 1 and inserting in their place the following:
"(4) Be a citizen of the United States;

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(5) Have an operating telephone number; and (4) Able (6) Be able to read and write the English language."

By striking lines 13 through 16 of page 2 and inserting in their place the following:

"(4) That the applicant is a citizen of the United States; (5) That the applicant has an operating telephone number; (4)(6) All denials, revocations, suspensions, restrictions, or resignations of a notary commission held by the applicant; and (5)(7) All criminal convictions of the applicant, including any plea of nolo contendere,".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

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

On the adoption of the amendment, the ayes were 85, nays 76.

WEDNESDAY, MARCH 17, 2004

2123

The amendment was adopted.

Representative Cooper of the 30th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Moraitakis of the 42nd, Post 4 moved that the House reconsider its action in adopting the Smith amendment.

On the motion, the roll call was ordered and the vote was as follows:

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

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

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

On the motion, the ayes were 82, nays 78.

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

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

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The motion prevailed.

On the re-adoption of the Smith amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

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

On the re-adoption of the Smith amendment, the ayes were 83, nays 80. The amendment was adopted.

WEDNESDAY, MARCH 17, 2004

2125

Representative Smith of the 129th, Post 2 stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Committee substitute, as amended, was adopted.

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

On the passage of the Bill, by substitute, as amended, 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
Black Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Crawford Y Cummings

Y Day Dean
Y Deloach Dix
Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y 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 Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y 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
Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 E Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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On the passage of the Bill, by substitute, as amended, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 712. By Representative Mobley of the 58th:
A BILL to amend Chapters 3 and 4 of Title 20 of the Official Code of Georgia Annotated, relating respectively to postsecondary education and vocational, technical, and adult education, so as to provide that each publisher of a textbook shall provide an electronic format of such textbook as is available; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapters 3 and 4 of Title 20 of the Official Code of Georgia Annotated, relating respectively to postsecondary education and vocational, technical, and adult education, so as to provide that each publisher of a textbook shall provide for use by students having a print access disability an electronic format accessible to Braille translation, text to speech, and screen-reading software of such textbook as is available; to provide for exceptions; to define terms; to provide for construction; to provide for counseling on avoiding violation of copyright laws and agreements not to duplicate; to provide for civil liability; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by inserting a new Code section to be designated Code Section 20-3-87 to read as follows:
"20-3-87. (a) As used in this Code section, the term:
(1) 'Person' means a corporation, partnership, company, or other business organization or business entity but does not include an institution or employee of the Board of Regents of the University System of Georgia. (2) 'Print access disability' means any condition in which an individuals independent reading of, reading comprehension of, or visual access to printed material is limited or

WEDNESDAY, MARCH 17, 2004

2127

reduced due to a sensory, neurological, cognitive, physical, psychiatric, or other disability recognized by state or federal law. The term is applicable to but not limited to individuals who are blind, have low vision, or have reading disorders or physical disabilities. (3) 'Publisher' means the person or entity which prints and issues a textbook that is generally available for purchase by the public and the person or entity which offers for sale material available for purchase primarily by students. (4) 'Textbook' means a book which is recommended or required by an instructor of a course of study offered for credit toward a degree by a unit of the university system that is printed or reproduced and commercially available for purchase primarily by students. (b) The publisher of a textbook shall provide for use by students having a print access disability an electronic format accessible to Braille translation, text to speech, and screen-reading software of such textbook as is available unless such availability creates an undue hardship as defined in the Americans with Disabilities Act of 1990, 42 U.S.C. Section 12111. (c) This Code section shall not be construed to authorize infringement on copyright or other intellectual property rights for any textbook. A publisher may require a written request for an electronic format textbook that includes a statement signed by an individual at the institution of the university system who is responsible for monitoring compliance with the Americans with Disabilities Act of 1990 in which such individual verifies that the student for whom the electronic format textbook is being requested has been properly counseled in the use of the electronic format textbook in a manner to avoid violating any copyright laws and that the institution has on file a form signed by the student in which he or she agrees to use the electronic format textbook solely for his or her own educational purposes and agrees not to copy or otherwise duplicate the electronic format textbook for use by another individual. (d) A person who violates subsection (b) of this Code section may be held liable for actual damages to the individual whose rights were violated."
SECTION 2. Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to vocational, technical, and adult education, is amended by inserting a new Code section to be designated Code Section 20-4-37 to read as follows:
"20-4-37. (a) As used in this Code section, the term:
(1) 'Person' means a corporation, partnership, company, or other business organization or business entity but does not include an institution or employee of the Department of Adult and Technical Education. (2) 'Print access disability' means any condition in which an individuals independent reading of, reading comprehension of, or visual access to printed material is limited or reduced due to a sensory, neurological, cognitive, physical, psychiatric, or other disability recognized by state or federal law. The term is applicable to but not limited

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to individuals who are blind, have low vision, or have reading disorders or physical disabilities. (3) 'Publisher' means the person or entity which prints and issues a textbook that is generally available for purchase by the public and the person or entity which offers for sale material available for purchase primarily by students. (4) 'Textbook' means a book which is recommended or required by an instructor of a course of study offered for credit by a technical college under the control and management of the Department of Technical and Adult Education that is printed or reproduced and commercially available for purchase primarily by students. (b) The publisher of a textbook shall provide for use by students having a print access disability an electronic format accessible to Braille translation, text to speech, and screen-reading software of such textbook as is available unless such availability creates an undue hardship as defined in the Americans with Disabilities Act of 1990, 42 U.S.C. Section 12111. (c) This Code section shall not be construed to authorize infringement on copyright or other intellectual property rights for any textbook. A publisher may require a written request for an electronic format textbook that includes a statement signed by an individual at the institution under the control of the department who is responsible for monitoring compliance with the Americans with Disabilities Act of 1990 in which such individual verifies that the student for whom the electronic format textbook is being requested has been properly counseled in the use of the electronic format textbook in a manner to avoid violating any copyright laws and that the institution has on file a form signed by the student in which he or she agrees to use the electronic format textbook solely for his or her own educational purposes and agrees not to copy or otherwise duplicate the electronic format textbook for use by another individual. (d) A person who violates subsection (b) of this Code section may be held liable for actual damages to the individual whose rights were violated."
SECTION 3. This Act shall become effective July 1, 2005.
SECTION 4. 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 Day Dean
Y Deloach

Y Hill, C.A Y Hill, V Y Hines

Y Mitchell Y Mobley Y Moraitakis

Y Sholar Y Sims Y Sinkfield

WEDNESDAY, MARCH 17, 2004

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

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

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

Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 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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Skipper Y Smith, B
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M
Thompson Y Walker, L Y Walker, R.L E Warren Y Watson 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 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to a mechanical malfunction, the vote of Representative Thompson of the 69th, Post 1 was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representatives Cummings of the 19th and Stanley-Turner of the 43rd, Post 2 stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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HB 1035. By Representatives Harrell of the 54th, Reece of the 21st, Drenner of the 57th, Benfield of the 56th, Post 1, Manning of the 32nd and others:
A BILL to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road, so as to provide for a fine for leaving a child unattended in a passenger car; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road, so as to provide for a fine for leaving a child unattended in a passenger car; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road, is amended by inserting a new Code Section 40-6-256 to read as follows:
"40-6-256. (a) A person responsible for a child six years of age or younger shall not leave that child in a passenger car, as defined in Code Section 40-1-1, without supervision in the passenger car by a person at least 14 years of age if the conditions present a risk to the childs health or safety in the discretion of the law enforcement officer who issues the citation. (b) Any person who violates subsection (a) of this Code section shall be punished only by a fine of not more than $15.00; but, the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. Such fine may be reduced to an amount of not more than $5.00 upon a finding by the court of financial hardship on the part of the person charged with a violation of this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, MARCH 17, 2004 The following amendment was read:

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Representatives Elrod of the 25th and Noel of the 44th move to amend the Committee substitute to HB 1035 as follows:
By striking the phrase "in the discretion of the law enforcement officer who issues the citation" on line 14.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

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

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JOURNAL OF THE HOUSE

On the adoption of the amendment, the ayes were 99, nays 66. The amendment was adopted.

Representative Douglas of the 73rd 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.

The following amendment was read:

Representative Butler of the 88th, Post 1 moves to amend the Committee substitute to HB 1035 as follows:
Page 1 line 12 after "40-1-1", insert "for more than 10 minutes".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

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

Y Channell N Childers N Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, MARCH 17, 2004

Y Heard, J N Heard, K Y Heath N Heckstall Y Hembree N Henson Y Hill, C

E Massey Maxwell
N McBee Y McCall
McClinton N Millar N Mills

Y Rogers, Ch. N Royal Y Rynders N Sailor N Scott Y Shaw Y Sheldon

On the adoption of the amendment, the ayes were 88, nays 80. The amendment was adopted.

2133
N Willard Y Williams, A Y Williams, E N Williams, R N Wix Y Yates
Coleman, Speaker

Representative Harrell of the 54th moved that the House reconsider its action in adopting the Butler amendment.

On the motion, the roll call was ordered and the vote was as follows:

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

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

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

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

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

2134
N Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Henson Y Hill, C

Y Millar Y Mills

Y Shaw N Sheldon

On the motion, the ayes were 106, nays 59. The motion prevailed.

N Yates Coleman, Speaker

On the re-adoption of the Butler amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

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

On the re-adoption of the Butler amendment, the ayes were 54, nays 113.

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The amendment was lost.

The following amendment was read:

Representative Stokes of the 72nd moves to amend the Committee substitute to HB 1035 as follows:
On page 1, line 11, replace "six" with "four", and further by replacing on line 13 "14" with "10".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

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

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On the adoption of the amendment, the ayes were 60, nays 100. The amendment was lost.

The Committee substitute, as amended, was adopted.

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

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

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

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

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

Y Mitchell N Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 N Roberts, J
Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor N Scott N Shaw Y Sheldon

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

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On the passage of the Bill, by substitute, as amended, the ayes were 130, nays 39.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 1028. By Representative Powell of the 23rd:
A BILL to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative findings; to create the Georgia Hospital Insurance Authority; to provide a short title; to provide for definitions; to provide for the members of the authority and their selection, service, and terms of office; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative findings; to create the Georgia Hospital Insurance Authority; to provide a short title; to provide for definitions; to provide for the members of the authority and their selection, service, and terms of office; to provide for the filling of vacancies; to provide for the powers, duties, operations, and financial affairs of the authority; to provide for the general purpose of the authority; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at its end a new Chapter 46 to read as follows:
"CHAPTER 46
31-46-1. The General Assembly finds that there presently exists a crisis in the field of hospital liability insurance. Hospitals in this state are having increasing difficulty in locating liability insurance and, when such hospitals are able to locate such insurance, the insurance is extremely costly. The result of this crisis is the potential for a diminution of the availability of access to health care services and the resultant effect on the health and well-being of the citizens of this state. The General Assembly finds that the state

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has a significant interest in ensuring the availability of liability insurance for hospitals which provide indigent care in this state at reasonable cost to the facilities. The General Assembly further finds that the provision of such insurance to the hospitals will result in the increased availability of health care services for the citizens of this state which is of substantial benefit to the state and its citizens.
31-46-2. This chapter shall be known and may be cited as the 'Georgia Hospital Insurance Authority Act.'
31-46-3. This chapter, being for the health and welfare of the state and its inhabitants, shall be liberally construed to effect its purposes.
31-46-4. (a) There is created a body corporate and politic to be known as the Georgia Hospital Insurance Authority which shall be deemed to be a public corporation of the State of Georgia by that name, style, and title. Said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. (b) The authority shall consist of 13 members as follows:
(1) Three members shall be appointed by the Governor. The terms of the initial members appointed by the Governor shall begin July 1, 2004, and one such member shall serve for a term of two years, one such member shall serve for a term of three years, and one such member shall serve for a term of four years. Thereafter, all members appointed by the Governor shall serve for terms of four years; (2) Three members shall be appointed by the President of the Senate. The terms of the initial members appointed by the President of the Senate shall begin July 1, 2004, and one such member shall serve for a term of two years, one such member shall serve for a term of three years, and one such members shall serve for a term of four years. Thereafter all members appointed by the President of the Senate shall serve for terms of four years; (3) Three members shall be appointed by the Speaker of the House of Representatives for terms concurrent with the Speakers term as Speaker; and (4) The following shall serve ex officio: the state auditor, the commissioner of community health, the Commissioner of Insurance, and the director of the Risk Management Division of the Department of Administrative Services. All members shall serve until their successors are appointed and qualified. All members shall be residents of Georgia. (c) The members of the authority shall elect one of their members as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person.

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(d) The authority may make such bylaws for its government as is deemed necessary but is under no obligation to do so. (e) Any nine members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this chapter, except that the votes of a majority of the total membership of the authority shall be required in order for the authority to incur any obligation or indebtedness or enter into any contract or agreement. No person shall be entitled to exercise or cast a proxy vote for any member. No vacancy on the authority shall impair the right of a quorum to transact any and all business. (f) The members shall receive no compensation for their services; but all members shall be entitled to be reimbursed from funds of the authority for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services. (g) A vacancy in one of the appointive positions shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
31-46-5. As used in this chapter, the term:
(1) 'Authority' means the Georgia Hospital Insurance Authority created in Code Section 31-46-4. (2) 'Bond,' 'bonds,' or 'revenue bonds' means revenue bonds, refunding notes, notes, interim certificates, bond anticipation notes, and other evidences of indebtedness of the authority issued under this chapter. (3) 'Medical facility' means any hospital in this state having less than 200 licensed beds and its credentialed physicians and where such hospital, as of January 1, 2004, did not participate in a captive or self-insurance trust program established for liability insurance purposes.
31-46-6. (a) The authority shall have power:
(1) To have a seal and alter the same at pleasure; (2) To adopt, amend, and repeal bylaws and rules consistent with this chapter to regulate its affairs, to carry into effect the powers and purposes of the authority, and to conduct its business; (3) To acquire by purchase, lease, or otherwise, with the exception of eminent domain, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (4) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue; to lease or make contracts with respect

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to the use of the same; or to dispose of the same in any manner it deems to the best advantage of the authority; (5) To appoint, select, and employ officers, agents, consultants, and employees, including, but not limited to, fiscal agents, actuaries, accountants, risk managers, health care and financial experts, and attorneys, and fix their respective compensations; (6) To appoint, select, and employ an executive director; (7) To make contracts and leases and to execute all instruments necessary or convenient and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character. Any and all persons, firms, and corporations; the state; and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. The authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia, or the United States government, or any agency or department thereof; (8) To invest and reinvest funds; (9) To provide, obtain, or purchase insurance or reinsurance agreements or both under such terms and conditions as the authority deems appropriate; (10) To settle and pay claims under such insurance agreements under such conditions and terms as the authority deems appropriate; (11) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (12) To accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (13) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; (14) To sell, convey, mortgage, pledge, assign, lease, exchange, transfer, or otherwise dispose of all or any part of its property or assets; (15) To borrow money for any corporate purposes from any bank, banks, or other lending institutions and to execute evidences of such indebtedness and to secure the same; (16) To fix, alter, charge, and collect premiums from participating medical facilities for insurance provided by or procured by the authority, such rates to be at least sufficient to provide for payment of all expenses of the authority, the conservation, maintenance, and operation of the authority on a sound actuarial basis, the payment of principal and interest on its notes, bonds, and other evidences of indebtedness or obligation, and to fulfill the terms and provisions of any agreement made with the

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purchasers and holders of any such notes, bonds, or other evidences of indebtedness or obligation; and (17) To do all things necessary or convenient to carry out the powers expressly given in this chapter. (b) No part of the revenues or assets of the authority may inure to the benefit of or be distributable to its members or officers or other private persons. Any net earnings of the authority beyond that necessary for retirement of authority indebtedness or to implement the public purposes of this chapter shall inure to the benefit of the state. Upon termination or dissolution, all rights and properties of the authority shall pass to and are vested in the state, subject to the rights of lienholders and other creditors.
31-46-7. (a) The executive director shall approve all accounts for salaries, allowable expenses, and expenses incidental to the operation of the authority. (b) The executive director shall manage the staff and employees of the authority under the direction and approval of the authority. (c) The executive director shall attend the meetings of the authority and shall maintain a record of the proceedings of the authority along with all books, documents, and papers filed with the authority, the minutes of the authority, and its official seal. The executive director may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.
31-46-8. (a) Without limiting the generality of any provisions of this chapter, the general purpose of the authority is declared to be that of providing or procuring insurance for public and private medical facilities which provide any indigent health care services in this state. The authority may develop, market, finance, and maintain one or more programs of insurance for such public and private medical facilities that desire to participate in such program and the authority shall be authorized to do any and all things deemed by the authority to be necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertakings. (b) The authority and its activities shall not be subject to Title 33. The Commissioner of Insurance may, however, adopt and enforce rules, regulations, and standards to ensure the fiscal and actuarial soundness of the authority and its activities; and all records of the authority shall be open at any time to inspection by the Commissioner of Insurance or his or her authorized agents.
31-46-9. In developing a program of insurance for those medical facilities that desire to participate in such program, the authority may establish such eligibility standards and

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underwriting criteria for participating medical facilities as the authority deems appropriate, including but not limited to: (1) requirements that participating medical facilities assume a part or parts of any insured risks; and (2) contractual requirements for payment of premiums or assessments or both.
31-46-10. (a) All meetings of the authority shall be open to the public at all times. Ample notice shall be given to all members of the authority and to the public of any special or called meeting of the authority. The minutes of all meetings and all actions taken by the authority shall likewise be open to public inspection. (b) Each purchase made on behalf of the authority of personal property or services in excess of $20,000.00 shall be accomplished pursuant to competitive bids, after having published invitations to bid in one or more newspapers in general circulation in the state prior to the award of any contract. All bids shall be opened during meetings of the authority, and the rejection or acceptance thereof shall be entered upon the minutes of the authority. (c) Any surplus or unserviceable property of the authority shall be disposed of pursuant to competitive bids which shall be advertised in one or more newspapers in general circulation in the state. All bids for the disposal of such property shall be opened during public meetings of the authority, and the acceptance or rejection thereof shall be entered upon the minutes of the authority. (d) At the conclusion of each fiscal year of the authority, the affairs of the authority shall be audited by a certified public accounting firm and a report of such audit shall be submitted to the General Assembly for review.
31-46-11. (a) Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, in any other business of the authority, or in any firm or corporation doing business with the authority shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which an authority member may be removed or an employee discharged or otherwise disciplined at the discretion of the authority. (b) Any contract or transaction of the authority involving a conflict of interest not disclosed under subsection (a) of this Code section or involving a violation of any other provision of law regulating conflicts of interest which is applicable to the authority or its members, officers, or employees shall be voidable by the authority.
31-46-12. The Attorney General shall provide legal services for the authority and Code Sections 45-15-13 through 45-15-16 shall apply with respect to such provision of legal services.

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31-46-13. (a) The authority may issue bonds for the purposes of this chapter, including without limitation the provision of initial capital or reserves or both needed for the provision or procurement of insurance services by the authority. (b) The authority shall have the power to borrow money and to issue bonds, regardless of whether the interest payable by the authority incident to such loans or bonds or income derived by the holders of the evidence of such indebtedness or bonds is, for purposes of federal taxation, includable in the taxable income of the recipients of such payments or is otherwise not exempt from the imposition of such taxation on the recipient. (c) No bonds, notes, or other obligations of, and no indebtedness incurred by, the authority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies. (d) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and are a public purpose and the authority will be performing an essential government function in the exercise of the powers conferred upon it by this chapter. The state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by the authority or under the jurisdiction, control, possession, or supervision of the authority or upon the activities of the authority in the financing of the activities financed by the authority or upon any principal, interest, premium, fees, charges, or other income received by the authority and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption from taxation is declared to specifically extend to any subsidiary corporation created by the board of directors of the authority but shall not extend to tenants or lessees of the authority unless otherwise exempt from taxation. The exemption from taxation shall include exemptions from sales and use taxes on property purchased by the authority or for use by the authority. (e) The state does pledge to and agree with the holders of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the holders of bonds or in any way impair the rights and remedies of bondholders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agreement with bondholders.
31-46-14. (a) The offer, sale, or issuance of bonds, notes, or other obligations by the authority

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shall not be subject to regulation under Chapter 5 of Title 10, the 'Georgia Securities Act of 1973.' No notice, proceeding, or publication except those required in this chapter is necessary to the performance of any act authorized in this chapter; nor is any such act subject to referendum. (b) The authority shall fix such rates, fees, and charges for use of its services and facilities as is sufficient in the aggregate, when added to any other grants or funds available to the authority, to provide funds for the payment of the interest on and principal of all bonds payable from said revenues and to meet all other encumbrances upon such revenues as provided by any agreement executed by the authority in connection with the exercise of its powers under this chapter and for the payment of all operating costs and expenses which shall be incurred by the authority, including provisions for appropriate reserves. (c) The use and disposition of the authoritys revenue is subject to the provisions of the resolutions authorizing the issuance of any bonds payable therefrom or of the trust agreement or indenture, if any, securing the same. The authority may designate any of its bonds as general obligations or may limit the source of repayment pursuant to the resolution authorizing the issuance of the bonds. (d) The making of any loan commitment or loan, and the issuance, in anticipation of the collection of the revenues from such loan or loans, of bonds to provide funds therefor, may be authorized under this chapter by resolution of the authority. Unless otherwise provided therein, such resolution shall take effect immediately and need not be published or posted. The authority, in determining the amount of such bonds, may include all costs and estimated costs of the issuance of the bonds; all fiscal, legal, and trustee expenses; and all costs of the project. Such bonds may also be issued to pay off, refund, or refinance any outstanding bonds or other obligations of any nature, whether or not such bonds or other obligations are then subject to redemption; and the authority may provide for such arrangements as it may determine for the payment and security of the bonds being issued or for the payment and security of the bonds or other obligations to be paid off, refunded, or refinanced. (e) Bonds may be issued under this chapter in one or more series; may bear such date or dates; may mature at such time or times, not exceeding 40 years from their respective dates; may bear interest at such rate or rates, payable at such time or times; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form, either coupon or registered or book entry; may be issued in such specific amounts; may carry such registration, conversion, and exchangeability privileges; may be declared or become due before the maturity date thereof; may provide such call or redemption privileges; may have such rank or priority; may be the subject of a put or agreement to repurchase by the authority or others; may be resold by the authority, once acquired, without the acquisition being considered the extinguishment of the bonds; may be issued for a project or for more than one project, whether or not such project is identified at the time of bond issuance; and may contain such other terms, covenants, assignments, and conditions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement

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may provide. The authority may sell such bonds in such manner, at such price or prices, and on such terms and conditions as the authority determines. (f) The bonds must be signed by the chairperson or vice chairperson of the authority; the corporate seal of the authority must be impressed, imprinted, or otherwise reproduced on the bonds; and the bonds must be attested by the signature of the secretary or assistant secretary of the authority. The signatures of the officers of the authority and the seal of the authority on any bond issued by the authority may be facsimile if the instrument is authenticated or countersigned by a trustee other than the authority itself or an officer or employee of the authority. All bonds issued under authority of this chapter bearing signatures or facsimiles of signatures of officers of the authority in office on the date of the signing thereof are valid and binding, notwithstanding that before the delivery thereof and payment therefor such officers whose signatures appear thereon have ceased to be officers of the authority. Pending the preparation of the definitive bonds, interim certificates, in such form and with such provisions as the authority may determine, may be issued to the purchasers of bonds to be issued under this chapter. (g) The provisions of this chapter and of any bond resolution, indenture, or trust agreement entered into pursuant to this chapter are a contract with every holder of the bonds; and the duties of the authority under this chapter and under any such bond resolution, indenture, or trust agreement are enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity. (h) The authority may provide for the replacement of any bond which becomes mutilated, lost, or destroyed in the manner provided by the resolution, indenture, or trust agreement. (i) Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' the usury laws of this state, or any other laws of this state do not apply to bonds of the authority. (j) All bonds issued by the authority under this chapter shall be issued and shall be validated by the Superior Court of Fulton County, Georgia, under and in accordance with the procedures set forth in Code Sections 36-82-73 through 36-82-83, which comprise a portion of the 'Revenue Bond Law,' as now or hereafter in effect, except as provided in this chapter. Notes and other obligations of the authority may be, but are not required to be, so validated. (k) All bonds must bear a certificate of validation signed by the clerk of the Superior Court of Fulton County, Georgia. Such signature may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry is original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (l) The authority shall reimburse the district attorney for his or her actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation and confirmation shall be as follows for each bond, regardless of the denomination of such bond: $1.00 for each bond for the first 100 bonds; 25 for each of the next 400 bonds; and 10 for each bond over 500.

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(m) In lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General; the notice to the public of the time, place, and date of the validation hearing; and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and the petition and complaint or may state that, if the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which may be fixed or may fluctuate or otherwise change from time to time, so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (n) Prior to issuance, all bonds shall be subject to the approval of the Georgia State Financing and Investment Commission. (o) Any other law to the contrary notwithstanding, this chapter shall govern all civil claims, proceedings, and actions respecting debt of the authority evidenced by bonds.
31-46-15. The bonds authorized by this chapter are securities in which:
(1) All public officers and bodies of this state; (2) All local governments of this state; (3) All insurance companies and associations and other persons carrying on an insurance business; (4) All banks, bankers, trust companies, saving banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; (5) All administrators, guardians, executors, trustees, and other fiduciaries; and (6) All other persons whomsoever who are authorized to invest in bonds or other obligations of this state may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are also securities which may be deposited with and shall be received by all public officers and bodies of this state and local governments for any purpose for which deposit of the bonds or other obligations of this state is authorized.
31-46-16. (a) All or any part of the gross or net revenues and earnings derived from any particular loan or loans and any and all revenues and earnings received by the authority, regardless of whether such revenues and earnings were produced by a particular loan or loans for which bonds have been issued, may be pledged by the authority to the payment of the principal of and interest on bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any indenture or trust agreement pertaining to such bonds.

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(b) Such funds so pledged, from whatever source received, may include funds received from one or more of all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or indenture or trust agreement, which sinking funds may be pledged to and charged with the payment of:
(1) The interest on such bonds as such interest becomes due; (2) The principal of the bonds as the same mature; (3) The necessary charges of any trustee, paying agent, or registrar for such bonds; (4) Any premium on bonds retired on call or purchase; and (5) Reimbursement of a credit enhancement provider who has paid principal of or premium or interest on any bond. (c) The use and disposition of any sinking fund may be subject to regulations for which provision may be made in the resolution authorizing the issuance of the bonds or in the trust instrument or indenture securing the payment of the same.
31-46-17. (a) Any issue of bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee, which may be any trust company or bank having the power of a trust company inside or outside this state. Such trust agreement or indenture may pledge or assign all revenue, receipts, and earnings to be received by the authority from any source and any proceeds which may derive from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. (b) The resolution providing for the issuance of bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver on default in the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rates, fees, and charges pertaining to any loan, any overdue principal and interest on any loan, any overdue principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority. (c) Such resolution, trust agreement, or indenture may include covenants setting forth the duties of the authority regarding the custody, safeguarding, and application of all funds of the authority, including any proceeds derived from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. In addition, such resolution, trust agreement, or indenture may include covenants providing for the operation, maintenance, repair, and insurance of any facility or capital improvements constructed or acquired with loan proceeds. (d) All expenses incurred in carrying out any trust agreement or indenture under this Code section may be treated as a part of the cost of financing and administering the loans that will be funded or acquired with the proceeds of the bonds governed by such trust agreement or indenture.
31-46-18. (a) All moneys received pursuant to the provisions of this chapter, whether as proceeds

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from the sale of bonds or other obligations, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The authority shall, in the resolution providing for the issuance of bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes expressed in this chapter, subject to such regulations as this chapter and such resolution or trust indenture may provide. (b) The authority may pledge for the payment of its bonds such assets, funds, and properties as the resolution providing for the issuance of its bonds may provide. Any such pledge made by the authority is valid and binding from the time when the pledge is made; the moneys or properties so pledged and thereafter received by the authority are immediately subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge is valid and binding as against all parties having claims of any kind against the authority, irrespective of whether such parties have notice thereof. No resolution or any other instrument by which a pledge is created need be recorded."
SECTION 3. 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 Y Brown E Bruce

Y Day Dean
Y Deloach Y Dix
Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin

Y 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 Y Joyce Y Keen Y Knox

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell

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 Y Stephenson
Stokes Y Stoner Y Teilhet Y Teper

Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, MARCH 17, 2004

Y Gardner Golick
Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner
Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson
Hill, C

Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
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 Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E 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

On the passage of the Bill, by substitute, the ayes were 167, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1384. By Representatives Sinkfield of the 50th, Jamieson of the 22nd, Manning of the 32nd, Marin of the 66th, Thomas of the 43rd, Post 1 and others:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income exclusions and tax credits with respect to individual development accounts; to provide for procedures, conditions, and limitations; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for the comprehensive regulation of individual development accounts and programs; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income exclusions and tax credits with respect to individual development accounts; to provide for procedures, conditions, and limitations; to provide for powers, duties, and

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authority of the state revenue commissioner and the commissioner of community affairs with respect to the foregoing; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for the comprehensive regulation of individual development accounts and programs; to provide for definitions; to provide for procedures, conditions, and limitations with respect to the creation and operation of such accounts; to provide for powers, duties, and authority of the department; to provide for powers, duties, and authority of certain fiduciary organizations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by adding a new Code section immediately following Code Section 48-7-29.8 to be designated as Code Section 48-7-29.9, to read as follows:
"48-7-29.9. (a) There shall be allowed to each charitable donor making a contribution to a reserve account on behalf of an individual development account program pursuant to Article 7 of Chapter 8 of Title 50 an income tax credit with respect to the income taxes imposed under this chapter in an amount equal to 50 percent of the total monetary contribution paid during such income tax year by a charitable donor to the reserve account on behalf of an individual development account program or owner in this state. (b) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayers income tax liability. Any unused tax credit shall be carried forward for up to five taxable years to apply to the charitable donors succeeding years tax liability. No such tax credit shall be allowed the charitable donor against prior years tax liability. (c) The commissioner shall allow the commissioner of community affairs and the fiduciary organization administering the individual development account program to allocate the available credit among the charitable donors. In no event shall the aggregate amount of credits allocated and allowed to taxpayers in any taxable year exceed $4 million. Once the credit ceiling of $4 million is reached, no further tax credits will be allocated and allowed under this Code section for that year. (d) All claims for the credit provided by subsection (a) of this Code section shall be accompanied by a certificate approved by the Department of Community Affairs and any fiduciary organization administering the individual development accounts, verifying the amount of credit allocated. (e) Moneys withdrawn by the taxpayer from an individual development account for an approved purpose, as described in Code Section 50-8-170, are excluded from the tax imposed under this chapter. A withdrawal by a taxpayer for a purpose other than such an approved purpose shall not be allowed the exclusion under this subsection.

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(f) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."
SECTION 2. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by striking Article 7, which is reserved, and inserting in its place a new Article 7 to read as follows:
"ARTICLE 7
50-8-170. (a) As used in this article, the term:
(1) 'Charitable donor' means a person, business, or corporation who contributes to the reserve account for the purposes of individual development account programs in this state. (2) 'Eligible individual or family member' means one whose household income is equal to or less than 80 percent of the median household income for the area or less than 200 percent of the federal poverty guidelines, whichever is greater, who enters into an agreement developed with a fiduciary organization for the establishment of an individual development account. The agreement must provide for the amount of savings deposits, the matching rate, the asset goal, and the financial literacy education classes to be completed, additional training specific to the asset, and financial counseling the individual will attend, as well as other services designed to increase the financial independence of the person through achievement of the accounts approved purpose and such other situations specified by rules and regulations of the department. (3) 'Fiduciary organization' means any nonprofit fundraising organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, as amended; any community development financial institution certified by the Community Development Financial Institution Fund; any credit union chartered under federal or state law; or any Indian tribe as defined in Section 4(12) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. Section 4103(12)), and includes any tribal subsidiary, subdivision, or other wholly owned tribal entity. (4) 'Financial institution' means a bank, trust company, savings bank, building and loan association, savings and loan company or association, credit union, or any financial institution approved by the department. (5) 'Individual development account' means an account established for an eligible individual or family member as part of a qualified individual development account program by an agreement, with the following requirements:
(A) The owner of the funds in the individual development account is the individual or family member for whom the account was created; (B) The holder of the account is a qualified financial institution;

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(C) The assets of the account will not be commingled with other property except in a common trust fund or common investment fund; and (D) Any amount in the account will be paid out only for the purpose of paying the qualified purposes of the account owner, except if it meets the qualifications of an emergency use. (6) 'Lead fiduciary organization' means a fiduciary organization that has been selected by the department to administer all or a portion of the departments responsibilities under this article. (7) 'Qualified purposes' means using the account owners accumulated savings and matching funds for any of the following: (A) Securing postsecondary education, including, but not limited to, community college courses, courses at a four-year college or university, 529 college plans, or postcollege or graduate courses for the account owner or any member of the account owners family; (B) Securing postsecondary occupational training, including, but not limited to, vocational or trade school training for the account owner or any member of the account owners family; (C) Purchasing a home for a primary residence; and (D) Business capitalization. (8) 'Reserve account' means a separate account for all matching funds and earnings dedicated to individual development account owners, the sole holder of which is a qualified financial institution, a qualified fiduciary organization, or an Indian tribe.
50-8-171. Once the account owner has saved for a minimum of six months, reached his or her savings goal, and fulfilled all financial literacy education components, the account owners savings will be matched and the total amount will be transferred from the reserve account directly to the vendor or service provider through whom the account owner is paying for a qualified purpose.
50-8-172. (a) If an emergency occurs, an account owner may withdraw all or part of the account owners deposits to an individual development account with the approval of the fiduciary organization. (b) The account owner must reimburse his or her individual development account for the amount withdrawn under this Code section within 12 months after the date of the withdrawal. Until the timely reimbursement has been made in full, an account owner may not withdraw any matching funds or accrued interest on matching funds from the reserve account. Upon a failure of an account owner to make a timely reimbursement to the individual development account, matching funds shall be forfeited. (c) If an account owner withdraws moneys from an individual development account for other than a qualified purpose, the fiduciary organization may remove the account owner from the program.

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(d) Before becoming eligible to draw down matching funds to pay for qualified purposes, individual development account owners must complete a financial literacy education course offered by a qualified financial institution, a qualified fiduciary organization, an Indian tribe, or a government entity. (e) In no event shall the charitable donor be able to designate an individual development account owner with whom the charitable donor shares a financial or familial relationship.
50-8-173. Deposits to individual development accounts made by the account owner shall not exceed the amount specified in the administrative rules established by the department and must come from earned income, including, but not limited to, child support payments, supplemental security income payments, disability benefits, community service under temporary assistance to needy families, and job training program stipends or such other sources as specified by the department.
50-8-174. The department may select fiduciary organizations, including a lead fiduciary organization, through competitive processes. In making the selections, the department may consider factors including, but not limited to:
(1) The ability of the fiduciary organization to implement and administer the individual development account program, including the ability to verify account owner eligibility, certify that matching funds are used only for qualified purposes, and exercise general fiscal accountability; (2) The capacity of the fiduciary organization to provide or raise matching funds for the deposits of account owners; (3) The capacity of the fiduciary organization to provide financial counseling, financial literacy education and training specific to the assets the account owners will be purchasing, and other related services to account owners; (4) The links the fiduciary organization has to other activities and programs designed to increase the independence of this states low-income households and individuals through education and training, home ownership, small business capitalization, and other asset building programs; and (5) The feasibility of the fiduciary organizations program design, including matching rates and savings goals, to lead to asset purchase.
50-8-175. Subject to department rules, a fiduciary organization has sole authority over, and responsibility for, the administration of individual development accounts. The responsibility of the fiduciary organization extends to all aspects of the account program, including marketing to eligible individuals and families, soliciting matching funds, counseling account owners, providing financial literacy education, and conducting required verification and compliance activities. The fiduciary organization

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may establish program provisions as the organization believes necessary to ensure account owner compliance with this article:
(1) A fiduciary organization may act in partnership with other entities, including businesses, government agencies, nonprofit organizations, community development corporations, community action programs, housing authorities, and congregations to assist in the fulfillment of fiduciary organization responsibilities under this article; (2) A fiduciary organization may use a reasonable portion of moneys as defined by the department allocated to the reserve account for administration, operation, and research and evaluation purposes, including, but not limited to, the purchase of data collection software such as management information system for individual development accounts; and (3) A fiduciary organization selected to administer moneys directed by the state to individual development account purposes or receiving tax deductible contributions may provide the department with an annual report based on regularly collected data of the fiduciary organizations individual development account program activity. The report may be filed no later than 90 days after the end of the fiscal year of the fiduciary organization. The report may include, but is not limited to:
(A) The number of individual development accounts administered by the fiduciary organization; (B) The amount of deposits and matching funds for each account; (C) The number of withdrawals made and purposes for withdrawals; and (D) Any other information the department may require for the purpose of making a return on investment analysis.
50-8-176. (a) Financial institutions holding individual development accounts may at a minimum:
(1) Keep the account in the name of the account owner; (2) Permit deposits to be made in the account; and (3) Require the account to earn a specified minimum market rate of return. (b) Financial institutions holding individual development accounts may maintain the individual development accounts without charging fees for such accounts.
50-8-177. An account owners savings and matching funds shall not affect his or her eligibility for any means tested public benefits, including, but not limited to, Medicaid, state childrens health insurance programs, temporary assistance to needy families, food stamps, supplemental security income, or government subsidized foster care and adoption payments, child care, or housing payments.
50-8-178. (a) A fiduciary organization selected under this article may qualify as the recipient of donations made by charitable donors that qualify the donor for a tax credit under Code

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Section 48-7-29.9 so long as the fiduciary organization holds the matching funds it receives in a reserve account. (b) If federal funds under 42 U.S.C. Section 604, or other similar funds requiring a match by the grant recipient, are available to be matched using the reserve account moneys, then the amount necessary for that match may be placed in a separate reserve account that meets the requirements to draw down the federal funds under 42 U.S.C. Section 604 or other funds. (c) If an account owner is in violation of Code Section 50-8-172, then all matching funds accrued and the interest on matching funds shall revert to the fiduciary organization. (d) The department may seek cooperation from other state departments to fund the reserve account.
50-8-179. The department may make all reasonable and necessary rules to ensure the fiduciary organizations compliance with this article."
SECTION 3. This Act shall become effective on January 1, 2005, and shall be applicable to all taxable years beginning on or after that date.
SECTION 4 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
Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks

N Day Dean
Y Deloach Y Dix
Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J

Y 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

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

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 Y Stephenson Y Stokes

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Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

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

Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E 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

On the passage of the Bill, by substitute, the ayes were 167, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1510. By Representatives Jamieson of the 22nd and Moraitakis of the 42nd, Post 4:
A BILL to amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," so as to change certain provisions regarding the creation of tax allocation districts; to change certain provisions regarding the allocation of certain tax allocation increments; to change certain provisions regarding the use of local general fund moneys with respect to tax allocation bonds; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," so as to change certain provisions regarding the creation of tax allocation districts; to change certain provisions regarding the allocation of certain tax allocation increments; to change certain provisions regarding the use of local general

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fund moneys with respect to tax allocation bonds; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," is amended by striking Code Section 36-44-8, relating to creation of tax allocation districts, and inserting in its place a new Code Section 36-44-8 to read as follows:
"36-44-8. In order to create and carry out the purposes of a tax allocation district, the following steps are required:
(1) Preparation by the redevelopment agency of a redevelopment plan for the proposed tax allocation district and its submission for consent to the political subdivision or board of education required to consent, if the plan proposes to include in the tax allocation increment ad valorem taxes levied by a political subdivision or board of education required to consent to such inclusion under Code Section 36-44-9, or if the plan proposes to pledge for payment or security for payment of tax allocation bonds and other redevelopment costs the general funds of a county required to consent to such inclusion under Code Section 36-44-9; (2) Submission of the redevelopment plan, along with a certified copy of any resolution giving the consent required under paragraph (1) of this Code section, to the local legislative body of the political subdivision whose area of operation will include the tax allocation district; and (3) Adoption by the local legislative body of a resolution approving the redevelopment plan and which:
(A) Describes the boundaries of the tax allocation district with sufficient definiteness to identify with ordinary and reasonable certainty the territory included. The boundaries shall include only those whole units of property assessed for ad valorem property tax purposes; (B) Creates the district on December 31 following the adoption of the resolution or on December 31 of a subsequent year as determined by the local legislative body; (C) Assigns a name to the district for identification purposes. The first district created shall be known as 'Tax Allocation District Number 1,' followed by the name of the political subdivision within whose area of operation the district is located; (D) Specifies the estimated tax allocation increment base; (E) Specifies property taxes to be used for computing tax allocation increments; (F) Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds

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may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20; and (G) Contains findings that:
(i) The redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan or includes one or more natural or historical assets which have not been adequately preserved or protected and such asset or assets would not reasonably be anticipated to be adequately preserved or protected without the approval of the redevelopment plan; and (ii) The improvement of the area is likely to enhance the value of a substantial portion of the other real property in the district. If any information required to be included in the resolution approving the redevelopment plan under subparagraphs (A) through (G) of this paragraph is contained in the redevelopment plan, then the resolution approving the redevelopment plan may incorporate by reference that portion of the redevelopment plan containing said information.; and (4) A certified copy of any resolution giving the consent required under paragraph (1) of this Code section must be submitted to the local legislative body of the political subdivision whose area of operation will include the tax allocation district prior to inclusion of such ad valorem taxes or general funds in calculation of the tax allocation increment."
SECTION 2. Said chapter is further amended by striking subsection (c) of Code Section 36-44-11, relating to allocation of certain tax allocation increments, and inserting in its place a new subsection (c) to read as follows:
"(c) All positive tax allocation increments received for a tax allocation district shall be deposited into a special fund for the district upon receipt by the fiscal officer of the political subdivision. All general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and other redevelopment costs of the tax allocation district shall be deposited upon receipt into the special fund. Any lease or other contract payments made under the districts redevelopment plan shall also be deposited upon receipt into the special fund. Moneys derived from positive tax allocation increments, general fund moneys, and moneys derived from lease or other contract payments shall be accounted for separately within the special fund. Moneys shall be paid out of the fund only to pay redevelopment costs of the district or to satisfy claims of holders of tax allocation bonds issued for the district. The local legislative body shall irrevocably pledge all or a part of such special fund to the payment of the tax allocation bonds. The special fund or designated part thereof may thereafter be used only for the payment of the tax allocation bonds and interest until they have been fully paid, and a holder of said bonds shall have a lien against the special fund or said designated part thereof pledged for payment of said

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bonds and may either at law or in equity protect and enforce the lien. General funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay principal and interest due on such bonds. Subject to any agreement with bondholders, moneys in the fund may be temporarily invested in the same manner as other funds of the political subdivision. Except as provided in Code Section 36-44-20, general funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay the principal and interest due on such bonds. After all redevelopment costs and all tax allocation bonds of the district have been paid or provided for, subject to any agreement with bondholders, if there remains in the fund any moneys derived from positive tax allocation increments, they shall be paid over to each county, municipality, consolidated government, or county or independent board of education whose ad valorem property taxes were affected by the tax allocation district in the same manner and proportion as the most recent distribution by the county tax collector or tax commissioner, municipal official responsible for collecting municipal ad valorem property taxes, or consolidated government official responsible for collecting consolidated government ad valorem property taxes. If there remains in the fund any other moneys, they shall be paid over to each political subdivision which contributed to the fund in proportion to the respective total contribution each made to the fund."
SECTION 3. Said chapter is further amended by striking Code Section 36-44-20, relating to use of local general fund moneys with respect to tax allocation bonds, and inserting in its place a new Code Section 36-44-20 to read as follows:
"36-44-20. (a) Notwithstanding any other provisions of this chapter, a local legislative body may use, pledge, or otherwise obligate its general funds for payment or security for payment of tax allocation bonds issued or incurred under this chapter but only if those general funds are derived from a designated tax allocation district and used for payment or security for payment of tax allocation bonds issued or incurred under this chapter for redevelopment of that district and only to the extent that positive tax increments or lease or other contract payments in that districts special fund are insufficient at any time to pay principal and interest due on such bonds. (b) The requirement of insufficiency provided for in subsection (a) of this Code section may be satisfied by adoption of a resolution of the local legislative body finding that positive tax increments or lease or other contract payments in the districts special fund will be insufficient to pay principal and interest on bonds to be issued to finance redevelopment costs for the redevelopment described in the redevelopment plan."

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SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Smith of the 76th moves to amend the Committee substitute to HB 1510 by striking lines 20 through 28 of page 2 and inserting in lieu thereof the following:
"(G) Contains findings that: (i) The redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan or includes one or more natural or historical assets which have not been adequately preserved or protected and such asset or assets would not reasonably be anticipated to be adequately preserved or protected without the approval of the redevelopment plan; and (ii) The the improvement of the area is likely to enhance the value of a substantial portion of the other real property in the district."
By redesignating Section 4 as Section 5.
By inserting a new Section 4 to read as follows:
"SECTION 4. This Act shall become effective on July 1, 2004; except that subparagraph (3)(G) of Code Section 36-44-8 as amended by Section 1 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval."

The Committee substitute, as amended, was adopted.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister

Y Day Dean
Y Deloach Y Dix

Y Hill, C.A Y Hill, V Y Hines Y Holmes

Y Mitchell Y Mobley Y Moraitakis Y Morris

Y Sholar Y Sims Y Sinkfield Y Skipper

WEDNESDAY, MARCH 17, 2004

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

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

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 Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott
Shaw Y Sheldon

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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 Y Stephenson Y Stokes N Stoner N Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson 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, as amended, the ayes were 162, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 1322. By Representatives Fleming of the 79th, Bordeaux of the 125th, Oliver of the 56th, Post 2, Burmeister of the 96th, Douglas of the 73rd and others:
A BILL to amend Code Section 15-11-103 of the Official Code of Georgia Annotated, relating to the placement of a child following a termination order, custodial authority, and review of placement, so as to change the time limit requirements for the review of an adoption petition; and for other purposes.

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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:

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

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

Y 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 Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson
Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson 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, the ayes were 168, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Mobley of the 58th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

WEDNESDAY, MARCH 17, 2004

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Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs 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 1205 Do Pass, by Substitute

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:

SB 541. By Senators Smith of the 52nd, Gillis of the 20th, Mullis of the 53rd and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that certain applications for resident hunting, fishing, or trapping licenses shall also serve as applications for voter registration; to provide for procedures and administration related thereto; to change certain provisions relating to application for registration; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

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The Speaker called the House to order.

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

HR 1652. By Representatives Smith of the 87th, Westmoreland of the 86th, Brown of the 89th, Harper of the 88th, Post 2 and Butler of the 88th, Post 1:
A RESOLUTION honoring James M. "Jim" Lyle and inviting him to appear before the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 1653. By Representatives Murphy of the 97th, Thomas Morgan of the 33rd, Post 2, Randall of the 107th and Hugley of the 113th:
A RESOLUTION recognizing Alpha Kappa Alpha Sorority, Inc.; and for other purposes.

HR 1654. By Representatives Sims of the 130th, Hanner of the 133rd, Coleman of the 118th, Richardson of the 26th, Snow of the 1st and others:
A RESOLUTION recognizing and saluting Mr. Robert J. Taft; and for other purposes.

HR 1655. By Representative Jamieson of the 22nd:
A RESOLUTION commending Georgia's Pre-K Program; and for other purposes.

HR 1656. By Representatives Martin of the 37th, Burkhalter of the 36th, Jones of the 38th and Campbell of the 39th:

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A RESOLUTION commending Sue Rainwater on her more than 40 years of service to the City of Alpharetta; and for other purposes.

HR 1657. By Representatives Martin of the 37th, Hill of the 16th and Rogers of the 15th:
A RESOLUTION commending Daniel Rucker; and for other purposes.

HR 1658. By Representatives Epps of the 90th, Smyre of the 111th, Skipper of the 116th, Heard of the 75th and Ray of the 108th:
A RESOLUTION recognizing the Georgia Public Health Association and congratulating it on the occasion of its 75th anniversary; and for other purposes.

HR 1659. By Representatives Martin of the 37th, Hill of the 16th and Rogers of the 15th:
A RESOLUTION commending Carrington Banks; and for other purposes.

HR 1660. By Representatives Westmoreland of the 86th, Greene of the 134th, Barnard of the 121st, Post 1, Heath of the 18th and Black of the 144th:
A RESOLUTION recognizing the National FFA Organization; and for other purposes.

HR 1661. By Representative Rogers of the 15th:
A RESOLUTION commending Don William Fruman on attaining the rank of Eagle Scout; and for other purposes.

HR 1662. By Representatives Bannister of the 70th, Post 1 and Heard of the 70th, Post 3:
A RESOLUTION commending the South Gwinnett High School Comets basketball team; and for other purposes.

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HR 1663. By Representatives Heard of the 75th and McBee of the 74th:
A RESOLUTION honoring and remembering the life of Mr. Coy C. Williamson, Jr.; and for other purposes.

HR 1664. By Representatives Porter of the 119th and Coleman of the 118th:
A RESOLUTION commending the West Laurens High School Raiders boys' basketball team on its 2004 Class AAA state championship; and for other purposes.

HR 1665. By Representative Douglas of the 73rd:
A RESOLUTION honoring and remembering the life and service of Mrs. Doris Childs Jones Hinton; and for other purposes.

HR 1666. By Representatives Coan of the 67th, Post 1 and Ehrhart of the 28th:
A RESOLUTION commending James Robert DeRoth; and for other purposes.

HR 1667. By Representatives Stephens of the 124th, Post 2, Jackson of the 124th, Post 1, Bordeaux of the 125th and Stephens of the 123rd:
A RESOLUTION recognizing Gaines Chapel African Methodist Episcopal Church; and for other purposes.

HR 1668. By Representatives McBee of the 74th, Heard of the 75th and Birdsong of the 104th:
A RESOLUTION commending and saluting Sergeant Vincent LaGeorge Robinson, Jr., and congratulating him upon the completion of his recent tour of duty in Iraq; and for other purposes.

HR 1669. By Representatives Sinkfield of the 50th, Thomas of the 43rd, Post 1, Brooks of the 47th, Orrock of the 51st and Lucas of the 105th:

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A RESOLUTION expressing regret at the passing of Dr. Samuel Lightfoot, Sr.; and for other purposes.

HR 1670. By Representatives Smith of the 87th, Westmoreland of the 86th, Brown of the 89th, Harper of the 88th, Post 2 and Butler of the 88th, Post 1:
A RESOLUTION commending the Central Educational Center in Newnan for being chosen as part of the nation-wide Model Schools Conference for 2004; and for other purposes.

HR 1671. By Representatives Purcell of the 122nd and Stephens of the 123rd:
A RESOLUTION commending Daisy Mills and congratulating her on receiving the 2004 Effingham County Volunteer of the Year award and expressing great appreciation for her tireless volunteerism; and for other purposes.

HR 1672. By Representatives Beasley-Teague of the 48th, Post 2, Mobley of the 58th, Mosby of the 59th, Post 3, Teper of the 42nd, Post 1 and Lord of the 103rd:
A RESOLUTION expressing regret at the passing of Troy James Davis; and for other purposes.

HR 1673. By Representatives Epps of the 90th, Smyre of the 111th and James of the 114th:
A RESOLUTION honoring and commending Ralph Paige; and for other purposes.

HR 1674. By Representatives Purcell of the 122nd, Channell of the 77th, Stephens of the 123rd, Coleman of the 118th, Parrish of the 102nd and others:
A RESOLUTION recognizing the Georgia Medical Society and congratulating it on its 200th anniversary; and for other purposes.

HR 1675. By Representatives Beasley-Teague of the 48th, Post 2, Mobley of the 58th, Mosby of the 59th, Post 3, Teper of the 42nd, Post 1 and Lord of the 103rd:

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A RESOLUTION recognizing the observance of Victory Over Violence Day at the Capitol; 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 bill of the Senate:
SB 563. By Senators Hamrick of the 30th, Seabaugh of the 28th, Harbison of the 15th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 8 of the O.C.G.A., relating to buildings and standards of construction, so as to provide legislative findings; to provide for an alternative dispute mechanism to resolve disputes regarding construction defects; to provide definitions relating to construction; to provide for a written notice of claim by the claimant to the contractor; to provide for a written response by the contractor; to provide for access to dwellings for inspections and repairs; to provide for offers of settlement or repair or both; to provide immunity from liability for certain conditions; to provide for notice of a contractors right to resolve construction defects; to provide for claims by associations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 589. By Senators Crotts of the 17th, Lee of the 29th and Brush of the 24th:
A RESOLUTION authorizing and empowering the State Properties Commission, for and on behalf of and in the name of the State of Georgia, to convey certain state owned real property located in Butts County, Georgia, to the board of commissioners of Butts County; to repeal conflicting laws; and for other purposes.
SR 704. By Senators Hall of the 22nd and Cheeks of the 23rd:
A RESOLUTION authorizing the conveyance of certain state owned real

WEDNESDAY, MARCH 17, 2004

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property located in Richmond County, Georgia; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 524. By Senators Johnson of the 1st, Cagle of the 49th, Hudgens of the 47th and Gillis of the 20th:
A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding state government, so as to require the obtaining of a bond as a prerequisite to filing certain appeals; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 568. By Senators Balfour of the 9th, Collins of the 6th, Shafer of the 48th, Brush of the 24th, Hall of the 22nd and others:
A BILL to be entitled an Act to amend Chapter 15 of Title 12 of the Official Code of Georgia Annotated, relating to sewage holding tanks, so as to provide for regulation of removal, transport, and disposal of certain waste removed from grease interceptors, sand traps, oil-water separators, or grit traps that are not connected to on-site sewage management systems; to define certain terms; to provide for rules and regulations; to provide for enforcement; to provide penalties for violations; to provide for more restrictive local ordinances; to provide for related editorial revisions; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 579. By Senators Kemp of the 46th, Gillis of the 20th, Johnson of the 1st and Kemp of the 3rd:
A RESOLUTION creating the Joint Water Conservation Study Committee; and for other purposes.
SR 843. By Senators Hall of the 22nd, Cheeks of the 23rd, Johnson of the 1st, Williams of the 19th, Hill of the 4th and others:
A RESOLUTION designating the Woodpecker Trail Highway; and for other purposes.

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The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 144. By Senators Crotts of the 17th, Smith of the 52nd, Brush of the 24th, Kemp of the 46th, Tolleson of the 18th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to transfer certain functions relative to the filing of campaign contribution disclosure reports from the Secretary of State to the State Ethics Commission; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 850. By Senators Hamrick of the 30th, Kemp of the 46th and Brush of the 24th:
A RESOLUTION urging the State Superintendent of Schools and the State Board of Education to study the issue of developing and implementing a standard grading system for Georgia's K-12 public education system; and for other purposes.
SR 866. By Senator Mullis of the 53rd:
A RESOLUTION dedicating a portion of the Battlefield Parkway in Catoosa County to the memory of Baxter Shavers; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:

SB 524. By Senators Johnson of the 1st, Cagle of the 49th, Hudgens of the 47th and Gillis of the 20th:
A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding state government, so as to require the obtaining of a bond as a prerequisite to filing certain appeals; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

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SB 563. By Senators Hamrick of the 30th, Seabaugh of the 28th, Harbison of the 15th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 8 of the O.C.G.A., relating to buildings and standards of construction, so as to provide legislative findings; to provide for an alternative dispute mechanism to resolve disputes regarding construction defects; to provide definitions relating to construction; to provide for a written notice of claim by the claimant to the contractor; to provide for a written response by the contractor; to provide for access to dwellings for inspections and repairs; to provide for offers of settlement or repair or both; to provide immunity from liability for certain conditions; to provide for notice of a contractors right to resolve construction defects; to provide for claims by associations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Utilities & Telecommunications.

SB 568. By Senators Balfour of the 9th, Collins of the 6th, Shafer of the 48th, Brush of the 24th, Hall of the 22nd and others:
A BILL to be entitled an Act to amend Chapter 15 of Title 12 of the Official Code of Georgia Annotated, relating to sewage holding tanks, so as to provide for regulation of removal, transport, and disposal of certain waste removed from grease interceptors, sand traps, oil-water separators, or grit traps that are not connected to on-site sewage management systems; to define certain terms; to provide for rules and regulations; to provide for enforcement; to provide penalties for violations; to provide for more restrictive local ordinances; to provide for related editorial revisions; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

SR 579. By Senators Kemp of the 46th, Gillis of the 20th, Johnson of the 1st and Kemp of the 3rd:
A RESOLUTION creating the Joint Water Conservation Study Committee; and for other purposes.

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Referred to the Committee on Natural Resources & Environment.

SR 589. By Senators Crotts of the 17th, Lee of the 29th and Brush of the 24th:
A RESOLUTION authorizing and empowering the State Properties Commission, for and on behalf of and in the name of the State of Georgia, to convey certain state owned real property located in Butts County, Georgia, to the board of commissioners of Butts County; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

SR 678. By Senators Hamrick of the 30th, Williams of the 19th, Kemp of the 46th, Hill of the 4th, Smith of the 52nd and others:
A RESOLUTION proposing an amendment to the Constitution so as to remove capital outlay projects from inclusion in the educational purposes and programs for which lottery proceeds may be used; to provide for submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Appropriations.

SR 704. By Senators Hall of the 22nd and Cheeks of the 23rd:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Richmond County, Georgia; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

SR 843. By Senators Hall of the 22nd, Cheeks of the 23rd, Johnson of the 1st, Williams of the 19th, Hill of the 4th and others:
A RESOLUTION designating the Woodpecker Trail Highway; and for other purposes.

WEDNESDAY, MARCH 17, 2004 Referred to the Committee on Transportation.

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SR 858. By Senators Harp of the 16th, Hill of the 4th, Tolleson of the 18th, Johnson of the 1st and Meyer von Bremen of the 12th:
A RESOLUTION authorizing the Governor by executive order to establish local redevelopment commissions for the purpose of developing and directing redevelopment plans in accordance with the "Base Closure Community Redevelopment and Homeless Assistance Act of 1994"; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Economic Development & Tourism.

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
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 1444 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 1444. By Representatives Thomas Morgan of the 33rd, Post 2, Teilhet of the 34th, Post 2, Manning of the 32nd, Stoner of the 34th, Post 1, Dooley of the 33rd, Post 3 and others:

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A RESOLUTION commending Kennesaw State University's Adult Learner Student Organization; recognizing April 9, 2004, as "Adult Learner Day"; inviting the president of Kennesaw State University, Dr. Betty Siegel, to appear before the House of Representatives; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1190. By Representatives O`Neal of the 117th, Coleman of the 65th, Burkhalter of the 36th and Golick of the 34th, Post 3:
A BILL to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for the revision of certain provisions regarding education flexibility and accountability; to change certain provisions regarding school councils; to change certain provisions regarding early intervention programs; to change certain provisions regarding budgeting, funding, and accounting; to change certain provisions regarding program weights; to change certain provisions regarding effectiveness assessment; to amend the Official Code of Georgia Annotated, so as to change the name "Office of Education Accountability" to "Office of Student Achievement"; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions regarding early intervention programs; to change certain provisions relating to expenditure controls for the 2004-2005 school year; to provide for certain reports; to change certain provisions relating to maximum class size for the 20042005 school year; to provide for automatic repeal; to authorize waiver of certain provisions in order to improve student performance in specified circumstances; to provide for contents of the application for waiver; to provide for maximum duration of a waiver; to change certain provisions regarding effectiveness assessment; to delay the implementation of the Georgia Academic Placement and Promotion Policy for third graders for one year; to provide for testing policies and procedures for the 2003-2004 school year; to provide for remedial instruction, retesting, reports, and reporting subsequent test results separately for certain students who fail the reading assessment in 2004; to delete a provision prohibiting the identification by name of any student in

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records stored at the state level; to prohibit identifying students and employees by social security number in violation of law; to change certain provisions regarding the powers and duties of the Office of Education Accountability; to provide for changes to the accountability assessment program; to amend the Official Code of Georgia Annotated so as to change the name "Office of Education Accountability" to "Office of Student Achievement"; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking Code Section 20-2-153, relating to early intervention programs, and inserting in its place a new Code Section 20-2-153 to read as follows:
"20-2-153. (a) The State Board of Education shall create and each local board of education shall provide an early intervention program to serve students in kindergarten through grade five. The kindergarten early intervention program shall serve students enrolled in kindergarten. The primary grades early intervention program shall serve students enrolled in grades one through three. The upper elementary grades early intervention program shall serve students in grades four through five. (b) The early intervention program shall serve students who are at risk of not reaching or maintaining academic grade level, including but not limited to students who are identified through the first grade readiness assessment required by Code Sections 20-2151 and 20-2-281 and students with identified academic performance below grade levels defined by the Office of Education Accountability Student Achievement in Code Section 20-14-31 for any criterion-referenced assessment administered in accordance with Code Section 20-2-281 for grades one through five. Local school systems shall devise a process for the identification of such students at the beginning of each school year and also during the school year as a continuous process of early identification and monitoring. School systems may use indicators such as but not limited to the students scores on previous assessments, the students classroom performance in the same or previous years, and other reliable indicators to identify such students. A student shall be assigned to the early intervention program as soon as is practicable after the student is identified as at risk or after the results of the first-grade readiness assessment, or the criterion-referenced assessment, or other indicators are known. The school shall provide timely notice and an opportunity for a conference with the student and his or her parents or guardians to discuss the students academic performance and the role of the early intervention program. (c) The State Board of Education shall describe by rules and regulations such additional services, resources, support, or strategies as may be provided by the local school system. The specifications for delivery of early intervention services shall be the responsibility of local boards of education except that the program rules and regulations

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adopted by the State Board of Education shall be followed in designing the program delivery models. Delivery models may include, but are not limited to, class augmentation, pull-out or self-contained classes, and the Reading Recovery Program delivered by certificated personnel. (d) The early intervention program shall be designed with the intent of helping the student to perform at expectations and exit the program in the shortest possible time. Students shall be moved into this program, provided assistance, and moved out of this program upon reaching grade level performance. It is not the intent of the General Assembly that students be assigned to this program on a continuing or permanent basis. In developing accountability standards for schools, the Office of Education Accountability shall consider the length of time that students spend in the early intervention program as one of the determinants of performing and nonperforming schools. (e) Funding for the early intervention program shall have a full-time equivalent teacher-student ratio of one teacher to 11 students. (f) Each local school system shall annually report the number of students served in the early intervention program as part of the full-time equivalent program count conducted pursuant to Code Section 20-2-160."
SECTION 2. Said title is further amended by striking Code Section 20-2-167.1, relating to the application of Code Section 20-2-167 for the 2003-2004 school year, and inserting in lieu thereof the following:
"20-2-167.1. (a) For the purposes of the 2003-2004 and 2004-2005 school year years only, the following changes to Code Section 20-2-167 shall apply:
(1) Except as otherwise provided in paragraph (2) of this subsection, for each program identified in Code Section 20-2-161, each local school system shall spend 100 percent of funds designated for direct instructional costs on the direct instructional costs of such program on one or more of the programs identified in Code Section 20-2-161 at the system level, with no requirement that the school system spend any specific portion of such funds at the site where such funds were earned.; (2) Direct instruction funds for the kindergarten early intervention program, the primary grades early intervention program, the upper elementary grades early intervention program, the remedial education program, and the alternative education program shall be expended on one or more of these programs at the system level, with no requirement that the school system spend any specific portion of such funds at the site where such funds were earned.; (3) Each local school system shall spend 100 percent of the funds designated for media center costs for such costs at the system level, and 100 percent of the funds designated for media materials for media materials at the system level.; (4) During the 2003-2004 school year, funds Funds allocated for staff development may be spent for any program approved under the 'Quality Basic Education Act.'

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During the 2004-2005 school year, each school system shall spend 90 percent of funds allocated for professional development for such costs at the system level; and (5) Each local school system shall report to the Department of Education its budgets and expenditures in accordance with this Code section with expenditures based in the preceding school year for each school site as a part of its report in October for the FTE count and on March 15. (b) Except as otherwise provided by subsection (a) of this Code section, Code Section 20-2-167 shall apply during the 2003-2004 and 2004-2005 school year years. (c) No penalty shall apply for failure to comply with expenditure controls set out in Code Section 20-2-167 that are contrary to this Code section, notwithstanding any law to the contrary, as long as the local school system complies with this Code section. (d) Nothing in this Code section shall be construed to repeal any other provision of Code Section 20-2-167 or this chapter, or to apply to any time period other than the two fiscal year years beginning July 1, 2003, and ending June 30, 2004 2005. (e) This Code section shall be automatically repealed July 1, 2004 2005."
SECTION 3. Said title is further amended in Code Section 20-2-182, relating to program weights, maximum class sizes, reporting requirements, and the 2003-2004 school year, by striking subsections (i) and (k) and inserting in lieu thereof the following:
"(i) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article and the middle school program provided for in Code Section 20-2-290 the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or greater than the teacher-student ratios used in the calculation of the program weights as set forth in subsection (b) of Code Section 20-2-161 but shall not exceed the funding class size by more than 20 percent, unless specifically authorized by the State Board of Education; provided, however, that in no case shall the 20 percent maximum be exceeded for mathematics, science, social studies, or English classes; provided, further, that the maximum class size for kindergarten and grades one through three shall not exceed 20 percent over the funding ratio except for art, music, or physical education classes; provided, further, that the maximum class size for special education, gifted, and English for speakers of other languages classes shall be set by the State Board of Education. For a period not to exceed four years, beginning with the 2000-2001 school year, local school systems shall be allowed to exceed the maximum class sizes set forth in this subsection in a manner consistent with State Board of Education rules. The State Board of Education shall lower the current maximum class sizes set by state board rules in effect for the 1999-2000 school year, beginning with the 2000-2001 school year, by a proportional amount each school year so that, beginning with the 2003-2004 school year, State Board of Education rules are in compliance with this subsection except as otherwise provided in subsection (k) of this Code section for the 2003-2004 and 20042005 school year years only. An aide may be used in programs to increase class size as allowed by State Board of Education rule, except that an aide shall not be used to

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increase the maximum class size in kindergarten or grades one through three, except as otherwise provided in subsection (k) of this Code section for the 2003-2004 and 20042005 school year years only. The maximum class size for the kindergarten and primary grades programs is defined as the number of students in a physical classroom. Maximum class sizes that result in a fractional full-time equivalent shall be rounded up to the nearest whole number as needed. The middle school program shall use the teacher-student ratio of the middle grades program for the purpose of this subsection. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request. The state board shall not reduce class sizes without the authorization of the General Assembly if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems programs as determined by the local boards of education." "(k) For the 2003-2004 and 2004-2005 school year years, the maximum class sizes set by the State Board of Education for the 2002-2003 school year shall apply for grades four through 12. For the 2003-2004 and 2004-2005 school year years, the maximum class sizes set by the State Board of Education for the 2003-2004 school year shall apply to kindergarten and grades one through three, except that a kindergarten class may be increased to 20 students if a paraprofessional is present in addition to the certificated teacher. For the 2003-2004 and 2004-2005 school year years, compliance with maximum class size requirements shall be determined by the system average for kindergarten and for each grade and no class shall exceed the applicable maximum size by more than two students. Except as otherwise provided in this subsection, other provisions of this Code section shall apply. This subsection shall not be construed to repeal any other provision of this Code section or this chapter, or to apply to any period of time other than the two fiscal year years beginning July 1, 2003, and ending June 30, 2004 2005. This subsection shall be automatically repealed July 1, 2004 2005."
SECTION 4. Said title is further amended by inserting the following:
"20-2-244. (a) The State Board of Education is authorized to waive specifically identified state rules, regulations, policies, and procedures, or provisions of this chapter, upon the request of a local school board and in accordance with this Code section. The goal for each waiver shall be improvement of student performance. (b) The State Board of Education is not authorized to waive any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating

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to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title. A school or school system that has received a waiver shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request. (c) The provisions of this Code section shall not apply to charter schools. (d) The board shall require a written application for a waiver that shall include, as a minimum:
(1) Identification of the specific state rules, regulations, policies, and procedures, or provisions of this chapter that are requested for waiver; (2) A description of the policies and procedures the school or school system shall substitute for the waived state rules, regulations, policies, and procedures, or provisions; (3) A description of how the proposed waiver will improve student performance; (4) A description of the students who will be affected by the proposed waiver, including their estimated number, current performance, grade level, and any common demographic traits; (5) A list of schools by name that will be affected by the proposed waiver, and a description of each school, including current performance, grade levels, and demographic traits of the students of each such school; (6) Methods for collection of data, and for measuring and evaluating any change in student performance resulting from the proposed waiver; (7) The period of time for which the proposed waiver is requested and the proposed starting date; and (8) A resolution from the local school board approving the waiver request. (e) The State Board of Education may grant or deny a waiver request, or grant a waiver request subject to specified modifications in the waiver request. (f) A waiver may be granted in accordance with this Code section for any period of time not to exceed five years. The State Board of Education shall require reports regarding the effect of the waiver at least annually, and may require more frequent reports if necessary to monitor the effect of the waiver effectively. The State Board of Education shall report annually to the General Assembly regarding the waivers granted, the effect of each waiver, and any recommendations for legislative changes generated by successful waivers."
SECTION 5. Said title is further amended by striking subsections (e) through (o) of Code Section 20-2281, relating to effectiveness assessment, and inserting in lieu thereof the following:
"(e) The State Board of Education is authorized to adopt rules, regulations, policies, and procedures regarding accommodations and the participation of limited-Englishproficient students, as defined in Code Section 20-2-156, in the assessments described in this Code section.

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(f) The State Board of Education shall adopt end-of-course assessments for students in grades nine through 12 for all core subjects to be determined by the state board. For those students with an Individualized Education Program, the students Individualized Education Program team shall determine appropriate participation in assessments and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act. (f)(g) Under rules adopted by the State Board of Education, the Department of Education shall, subject to appropriations by the General Assembly, release some or all of the questions and answers to each criterion-referenced competency test administered under subsection (a) of this Code section after the last time the instrument is administered for a school year. (g)(h) The State Board of Education, through the Department of Education, shall administer the end-of-course assessments for core subject areas as defined by state board policy. The state board shall promulgate a schedule for the development and administration of all end-of-course tests by December 1, 2000. (h)(i) The Department of Education shall develop study guides for the criterionreferenced tests and end-of-course assessments administered pursuant to subsections (a) and (e) (f) of this Code section. Each school system shall distribute the study guides to students who do not perform satisfactorily on one or more parts of an assessment instrument administered under this Code section and to the parents or guardians of such students.
(i)(j)(1) The high school graduation test provided for in subsection (a) of this Code section shall continue in effect until all high school core subject end-of-course assessments have been developed and implemented, at which time the state board shall discontinue the test according to a schedule to be determined by the state board. (2) The State Board of Education shall adopt rules regarding course exit requirements in regard to the implemented and regulations requiring the results of core subject endof-course assessments before discontinuing the high school graduation test to be included as a factor in a students final grade in the core subject course for which the end-of-course assessment is given. (3) Local boards of education shall have the option of allowing scores on end-ofcourse assessments to be counted as part of a students grade in the course. (j)(k)(1) In addition to the assessment instruments adopted by the State Board of Education and administered by the Department of Education, a local school system may adopt and administer criterion-referenced or norm-referenced assessment instruments, or both, at any grade level. Such locally adopted assessment instruments may not replace the states adopted assessment instruments for purposes of state accountability programs, except as otherwise provided in paragraph (2) of this subsection. A local school system shall be responsible for all costs and expenses incurred for locally adopted assessment instruments. Students with Individualized Education Programs must be included in the locally adopted assessments or provided an alternate assessment in accordance with the federal Individuals with Disabilities Education Act.

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(2) The State Board of Education shall have the authority to grant waivers until Fiscal Year 2003 to local boards of education exempting said boards from the administration of the state criterion-referenced competency tests at any or all of the subject areas and grade levels for which the local board of education implements a locally developed criterion-referenced competency test or tests based on the Quality Core Curriculum which increases the expectations for student achievement beyond that of the applicable state criterion-referenced competency test or tests and meets all other requirements of this Code section, including reliability and validity requirements, with the exception of subsection (f) (g) of this Code section. Local boards of education with such waivers shall submit to the State Board of Education school and local school system score reports of the locally developed criterion-referenced competency tests. (k)(l) In adopting academic skills assessment instruments under this Code section, the State Board of Education or local school system shall ensure the security of the instruments in their preparation, administration, and scoring. Notwithstanding any other provision of law, meetings or portions of meetings held by the state board or a local board of education at which individual assessment instruments or assessment instrument items are discussed or adopted shall not be open to the public, and the assessment instruments or assessment instrument items shall be confidential. (l)(m) The results of individual student performance on academic skills assessment instruments administered under this Code section shall be confidential and may be released only in accordance with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g. (m)(n) Overall student performance data shall be disaggregated by ethnicity, sex, socioeconomic status, disability, language proficiency, grade level, subject area, school, and system. (n)(o) Student performance data shall be made available to the public, with appropriate interpretations, by the State Board of Education, the Office of Education Accountability, and local school system. The information made available to the public shall not contain the names of individual students or teachers. (o)(p) Teachers in grades one through 12 shall be offered the opportunity to participate annually in a staff development program on the use of tests within the instructional program designed to improve students academic achievement. This program shall instruct teachers on curriculum alignment related to tests, disaggregated student test data to identify student academic weaknesses by subtests, and other appropriate applications as determined by the State Board of Education."
SECTION 6. Said title is further amended by striking Code Section 20-2-285, relating to the timetable for implementation of the promotion policy, and inserting in lieu thereof new Code Sections 20-2-285 and 20-2-285.1 to read as follows:
"20-2-285.

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The State Board of Education shall provide for a timetable of implementation of this Code section and the Georgia Academic Placement and Promotion Policy which shall include:
(1) The third grade beginning with the 2003-2004 2004-2005 school year; (2) The fifth grade beginning with the 2004-2005 school year; and (3) The eighth grade beginning with the 2005-2006 school year.
20-2-285.1. (a) This Code section will apply to students tested with the third grade criterionreferenced reading assessment in the 2003-2004 school year only. (b) The third grade criterion-referenced reading assessment shall be given as required by other provisions of this chapter, but results of the test shall not be used in any way in determining whether any student shall be promoted or retained at the end of the 20032004 school year. Other promotional standards and criteria established by the State Board of Education and the local school board, including but not limited to academic performance, shall be the basis for placement decisions for the 2003-2004 school year. (c) Each school system shall provide remedial instruction for each student who does not pass the third grade criterion-referenced reading assessment. Each school system shall report to the Department of Education the number of students not passing the third grade criterion-referenced reading assessment and the remedial instruction provided to such students. (d) Each school system shall retest each student who does not pass the third grade criterion-referenced reading assessment. Each school system shall report to the Department of Education the number of students who pass and fail when tested for the second time. Each school system shall develop a plan of remedial instruction for each student who does not pass the test the second time, whether the student is in the third grade or the fourth grade for the 2004-2005 school year. Each school system shall report such plans for remedial instruction to the Department of Education during the first month of the 2004-2005 school year. (e) When reporting the results for criterion-referenced reading assessments in 2005 to the Department of Education, each school system shall report test results for students who failed the third grade reading assessment in the 2003-2004 school year separately. (f) The Department of Education shall report to the General Assembly on the results of the third grade criterion-referenced tests in the 2003-2004 school year, remedial instruction for students, students who failed the reading assessment a second time, remedial instruction for such students, and subsequent test results for students who failed the reading assessment once or twice."
SECTION 7. Said title is further amended in Code Section 20-2-320, relating to the state-wide comprehensive educational information network, by striking subsections (a) and (c) and inserting in lieu thereof the following:

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"(a) The Governor shall appoint a steering committee, which shall be named the Education Information Steering Committee, composed of representatives from the Department of Education, the Department of Technical and Adult Education, the Board of Regents of the University System of Georgia, the office of the Governor, the Office of Planning and Budget, the Department of Audits and Accounts, the Georgia Technology Authority, the Office of School Readiness, the Professional Standards Commission, the Office of Education Accountability, the State Data and Research Center at the Georgia Institute of Technology, the Georgia Public Telecommunications Commission, the Legislative Budget Office, and local school systems. The steering committee shall identify the data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the components of public education in Georgia. The steering committee shall identify data that shall be required from local units of administration, public libraries, public colleges and universities through the Board of Regents of the University System of Georgia, pre-kindergarten programs, the Professional Standards Commission, and postsecondary technical colleges and schools for the implementation of this article. Further, the steering committee shall develop a design for a state-wide comprehensive educational information system which will provide for the accurate, seamless, and timely flow of information from local and regional education agencies, units of the University System of Georgia, and technical schools and colleges to the state. The design shall include hardware, software, data, collection methods and times, training, maintenance, communications, security of data, and installation specifications and any other relevant specifications needed for the successful implementation of this system. No student shall be identifiable by name in that portion of the pre-kindergarten through grade 12 record stored at the state level, and any identification number shall be encoded to prevent unauthorized use of a students information; provided, however, that fulltime equivalent student data collected pursuant to Code Section 20-2-160 shall be identifiable for audit purposes in separate files. The state-wide comprehensive educational information system shall not use a students social security number or an employees social security number in violation of state or federal law to identify a student or employee. The steering committee shall present such recommendations to the Education Coordinating Council. Upon approval of the boards of the respective education agencies, the steering committee shall issue appropriate requests for proposals to implement a state-wide comprehensive educational information system, subject to appropriation by the General Assembly. The State Data and Research Center, at the direction of the Education Coordinating Council and working through the steering committee, shall initiate contracts with appropriate vendors and local units of administration for the procurement of services, purchase of hardware and software, and for any other purpose as directed by the Education Coordinating Council, consistent with appropriation by the General Assembly." "(c) For the purpose of this article, authorized educational agencies shall be the Department of Education; the Office of School Readiness; the Board of Regents of the University System of Georgia; the Department of Technical and Adult Education; the

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Education Coordinating Council; the Professional Standards Commission; the State Data and Research Center and units under contract to the State Data and Research Center; the Office of Education Accountability; the education policy and research components of the office of the Governor; the Office of Planning and Budget; the Legislative Budget Office; the House Research Office; and the Senate Research Office. Any information collected over the state-wide comprehensive educational information system, including individual student records and individual personnel records, shall be accessible by authorized educational agencies, provided that any information which is planned for collection over the system but which is temporarily being collected by other means shall also be accessible by authorized educational agencies and provided, further, that adequate security provisions are employed to protect the privacy of individuals. All data maintained for this system shall be used for educational purposes only. In no case shall information be released by an authorized educational agency which would violate the privacy rights of any individual student or employee. Information released by an authorized educational agency in violation of the privacy rights of any individual student or employee shall subject the authorized educational agency to all penalties under applicable state and federal law. Any information collected over the state-wide comprehensive educational information system which is not stored in an individual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations, Education, and Higher Education committees, except information otherwise prohibited by statute. Data which are included in an individual student record or individual personnel record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees of the General Assembly, and agencies other than authorized educational agencies."
SECTION 8. Said title is further amended by striking subsection (a) of Code Section 20-14-26, relating to powers and duties of the Office of Education Accountability, and inserting in its place a new subsection (a) to read as follows:
"(a) The office shall have the following powers and duties: (1) To develop accountability systems with components that include but are not limited to expectations of student achievement, measurement of student achievement, data bases of such measurements, analysis of such data for trends in achievement, interventions, awards, the intended and efficient expenditure of allotted education funds, and public awareness of all such components; To create, with the approval of the State Board of Education, a performance-based accountability system, establish indicators of performance, rate schools and school systems, develop annual report cards for elementary, middle, and secondary schools, and formulate a system of school rewards and interventions. The State Board of Education shall approve no later than December 31, 2004, a single state-wide accountability system for local schools and school systems that incorporates federal law, rules, and regulations relating to accountability;

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(2) To create, develop, and recommend to the departments, boards, and offices represented on the council such additions, deletions, changes, or other modifications that will improve accountability systems that exist or may be created within or among the departments, boards, and offices represented on the council; (3)(2) To audit and inspect or cause to be audited or inspected for the purpose of verification, research, analysis, reporting, or for other purposes related to the performance of its powers and duties as provided in this article and for the purposes of auditing pre-kindergarten, elementary, middle grades, and secondary education, postsecondary education, and education work force programs and schools, local school systems, institutes, colleges, universities, regional educational service agencies, and other public education programs and entities as defined by the council; (4)(3) To assist the council in the development of a state-wide education student information system; (5)(4) To serve as staff to the council; and (6)(5) To exercise the powers and discharge duties of the council, as set forth in Code Section 20-14-8, under the supervision and oversight of the council."
SECTION 9. Said title is further amended by striking Part 3 of Article 2 of Chapter 14, relating to accountability assessment, and inserting in its place a new Part 3 to read as follows:
"Part 3
20-14-30. The office shall create and implement, with the approval of the council, a state-wide grades kindergarten through grade 12 accountability assessment program that is performance based to ensure school accountability for the goals of improved student achievement and improved school completion.
20-14-31. Except as otherwise provided in this article, the office shall establish the level levels of performance considered to be satisfactory on each assessment instrument administered under Code Section 20-2-281 by establishing the standard that should be achieved by students in each subject area at each grade level. Data and information regarding the establishment of the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.
20-14-32. The offices state education accountability analysis and reporting program shall obtain nationally comparative results and benchmarks for the subject areas and grade levels for which criterion-referenced and nationally normed reference assessment instruments are adopted, compare Georgia results to such results, and include the findings in the reports

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report required of the office in paragraph (2) of subsection (a) of Code Section 20-1427.
20-14-33. (a) The office shall adopt and biennially review, and revise as necessary, indicators of the quality of learning by students in an individual school. (b) The performance indicators of student achievement and school performance must be based on information that is disaggregated with respect to ethnicity, sex, disability, language proficiency, and socioeconomic status and must include:
(1) The results of assessment instruments required under Code Section 20-2-281, aggregated by grade level and subject area; (2) Dropout rates for each school; (3) Student attendance rates for each school; (4) School completion rates for each school; (5) The percentage of graduating students who attain scores on the Georgia high school graduation test required under Code Section 20-2-281 that are equivalent to a passing score on the test instrument until such time as the Georgia high school graduation test is discontinued as provided in Code Section 20-2-281; (6) The percentage of graduating students who meet the course requirements established for the recommended high school program by State Board of Education rule; (7) The percentage of students taking end-of-course assessment instruments under Code Section 20-2-281; (8) The percentage of high school students who pass the end-of-course assessment instrument in core subjects; (9) The results of the Scholastic Assessment Test or the ACT Assessment; (10) The percentage of students taking alternate assessments under subsection (d) of Code Section 20-2-281; (11) The average time that a student placed in an early intervention program remains before attaining grade level status and returning to regular status; and (12) Any other indicator the office recommends, the council approves, and the State Board of Education adopts. (c) Performance on the indicator shall be compared to state standards, progress on improved student achievement, and comparable performance. The state standard standards for comparison shall be established by the office as provided in Code Section 20-14-31. Required improvement is defined as the progress necessary for the school or local school system to meet state standards and for its students to meet exit requirements as defined by the office pursuant to Code Section 20-14-31. Comparable improvement is derived by measuring schools and local school systems against a profile developed from a total state student performance data base which exhibits substantial equivalence to the characteristics of students served by the school or system, including past academic performance, socioeconomic status, ethnicity, sex, disability, mobility, and language proficiency. Data and information regarding the standard shall be

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included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. (d) The office shall establish individual school ratings for each school in this state for annual academic performance on the assessment instruments required under Code Section 20-2-281, with:.
(1) A school grade of A, B, C, D, or F on the established absolute student achievement standard; (2) A school grade of A, B, C, D, or F for the school on the progress on improved student achievement; and (3) A school performance status on other school performance indicators as defined in subsection (b) of this Code section. (e) Annually, the office shall define exemplary, acceptable, and unacceptable performance for each academic excellence indicator included under in paragraphs (2) through (12) of subsection (b) of this Code section and shall project the standards for each of those levels of performance for succeeding years. Data and information regarding the establishment of the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. (f)(e) Each school system shall provide all student performance data and all other student school completion and attendance data to the Department of Educations educational information system in accordance with rules and timelines established by the office State Board of Education. (g)(f) The office shall develop, the council shall approve, and the State Board of Education shall adopt a uniform definition of 'dropout.' All schools and school systems shall report student dropout information to the Department of Educations educational information system in accordance with rules and timelines established by the state board as provided in subsection (b) of Code Section 20-2-167. Each school system shall cooperate with the office in determining whether a student is a dropout under this subsection and shall adopt the uniform definition of 'dropout.' Data and information regarding the establishment of the definition and the tracking of dropout and school completion data shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. (h)(g) The office shall develop, the council shall approve, and the State Board of Education shall adopt a uniform definition of a 'below grade level' student for purposes of placing students in the early intervention program under Code Section 20-2-153 and for purposes of tracking these students for accountability purposes. Data and information regarding the establishment of the definition shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. (i)(h) The office shall annually review the performance of each school on the indicators identified in subsection (b) of this Code section and determine whether a change in the school rating status of the school is warranted.
20-14-34. (a) Each school year, the office shall prepare and distribute to each school system a

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report card for each school in the State of Georgia. The school report cards must be based on the most current data available disaggregated by student groups. School performance must be compared to:
(1) Previous school and local school system performance; (2) Current school and local school system performance in relation to the absolute student achievement standards and progress on improved student achievement; and (3) Comparable school group performance; and (4) Any other indicators adopted by the State Board of Education. This report card on schools shall be the official state education performance report and supersedes all other reports that may be issued by departments of the state government for matters of funding, awards, and interventions. (b) The report card shall include the following information, where applicable: (1) The individual school grades ratings as defined provided for in subsection (d) of Code Section 20-14-33; (2) The academic excellence indicators identified in paragraphs (2) through (12) of subsection (b) of Code Section 20-14-33; (3) Teacher-student ratios; and (4) Administrative and instructional costs per student and other financial accounting information as may be required. (c) Each school year, the office shall prepare and distribute a state-wide report card, aggregated by school systems and disaggregated by student groups, reporting on the student performance and school completion results of each school in the state and a rating for each school based on the definitions as provided for in subsection (d) of Code Section 20-14-33. (d) The State Board of Education shall adopt rules requiring dissemination of appropriate student performance and school completion performance portions of school report cards annually to the parent, guardian, conservator, or other person having lawful control of each student at the school. On written request, the local school system shall provide a copy of a school report card to any other party. These reports shall be posted on a website at both the state and the Department of Education website and the existing website of such local school system level.
20-14-35. (a) The office may:
(1) Conduct on-site audits of any school at any time, subject to the approval of the director; (2) Raise or lower any performance rating as a result of the audit; and (3) Review school fund accounting information and records to determine effective and efficient expenditure of state funds as allocated. (b) The director shall determine the frequency of on-site audits by the office according to annual comprehensive analyses of student performance and equity in relation to the academic excellence indicators and fund accounting assessments as adopted under subsection (b) of Code Section 20-14-34.

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(c) In making an on-site school performance audit, the auditor shall obtain information from administrators, teachers, and parents of students enrolled in the local school system. The audit may not be closed until information is obtained from each of those sources. The office shall adopt rules regarding obtaining information from parents and using that information in the auditors report and obtaining information from teachers in a manner that prevents a school or school system from screening the information. (d) The auditors shall report to the local board of education, the local school council, and appropriate school administrators and shall report findings and recommendations concerning any necessary improvements or intervention strategies. School audit reports shall be provided to the council and the State Board of Education. (e) The director may authorize other school audits to be conducted under the following circumstances:
(1) When excessive numbers of absences of students eligible to be tested on state assessment instruments are determined; or (2) When a school or school system has not provided student performance information to the Department of Educations educational information system as required under subsection (b) of Code Section 20-2-167.
20-14-36. The office shall recommend, and the council State Board of Education shall adopt, written procedures for conducting on-site audits under this part. The office shall make the procedures available to the schools, school councils, local boards of education, and the public. Office staff shall be trained in audit procedures and shall follow such procedures in conducting the audit.
20-14-37. The Office of Student Achievement shall develop and the State Board of Education shall approve a Georgia schools awards system is created to recognize those schools and school systems that demonstrate progress or success in achieving the education goals of the state and achieving excellence on the office school rating system as defined provided for in Code Section 20-14-33.
20-14-38. (a) Financial awards will be provided to the schools that the office director determines have demonstrated the greatest improvement in achieving the education goals of improved student achievement and improved school completion, subject to appropriation by the General Assembly and any limitation set by the director on the total amount that may be awarded to a school or local school system. (b) Financial awards will be provided to each school that is identified by the director achieves a grade of A or B as defined in Code Section 20-14-33 for performance on either or both the absolute student achievement standard excellence in student achievement and progress on student achievement. The certificated personnel in a school that achieves the grade of A or B is identified by the director as either a best

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performing school or better performing school in either or both categories will be provided a bonus for the year the school achieved those grades was identified of $1,000.00 for each grade of A best performing school designation and $500.00 for each grade of B better performing school designation. The maximum individual annual bonus for certificated personnel shall not exceed $2,000.00 and shall be provided subject to appropriation by the General Assembly or as otherwise may be provided. An additional financial award will be provided to each school for noncertificated personnel in the amount of $10,000.00 for each A grade for the school designation of best performing school and $5,000.00 for each B grade for the school designation of better performing school, provided that the total lump sum noncertificated personnel award for an individual school shall not exceed $20,000.00; provided, further, that funds for this purpose are appropriated by the General Assembly or as otherwise may be provided. The local school council of the school receiving this noncertificated personnel award shall determine the distribution of the award among such personnel of its school. (c) The Governor may present proclamations or certificates to schools and school systems determined to have met or exceeded the states education goals under Code Section 20-14-30.
20-14-39. The financial award system may be funded by donations, grants, or appropriation by the General Assembly or as otherwise provided. The State Board of Education may solicit and receive grants and donations for the purpose of making awards under this part. Award funds may be used by the State Board of Education to pay for the costs associated with sponsoring a ceremony to recognize or present awards to schools or school systems under this part. The donations, grants, or appropriations by the General Assembly shall be accounted for and distributed by the State Board of Education. The awards are subject to audit requirements established by the office State Board of Education.
20-14-40. All identifiable individual student performance data and information and reports received by the office, the Department of Education, and the State Board of Education under this part from schools or school systems shall be deemed confidential and may not be disclosed.
20-14-41. (a) If a school has a grade of D or F The State Board of Education shall by policies, rules, or regulations establish a coherent and sustained system of assistance and support for schools not meeting identified levels of achievement or not showing specified levels of progress as determined by the office. The State Board of Education shall by policies, rules, or regulations specify appropriate levels of assistance and intervention for schools that receive an unacceptable rating on student performance for the absolute student

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achievement standard or on progress on improved student achievement. as determined by the office, the office, in the audit report on an individual school, shall report findings and recommend appropriate levels of interventions for that school, based on a scale of increasingly severe interventions, to the State Board of Education. The In specifying levels of assistance and intervention, the State Board of Education shall prescribe the appropriate level of intervention and consider the number of years a school has received an unacceptable rating and may include one or more of the following increasingly severe interventions:
(1) Issuing public notice of the deficiency to the local board of education; (2) Ordering a hearing to be conducted at the school by the local board of education with the participation of the school council for the purpose of notifying the public of the unacceptable performance, the improvements in performance expected by the office, and the interventions that may be imposed under this Code section if the performance does not improve within a designated period of time and of soliciting public comment on the initial steps being taken to improve performance; (3) Ordering the preparation of an intensive student achievement improvement plan that addresses each academic excellence indicator for which the schools performance is unacceptable, the submission of the plan to the director State Board of Education for approval, and implementation of the plan; or (4) Appointing a Department of Education school improvement team to:
(A) Conduct a comprehensive on-site evaluation of each low-performing school to determine the cause for the schools low performance and lack of progress that includes presentations by the chairperson of the local board of education, the school principal, a parent member of the local school council, and other school personnel; (B) Recommend actions, including reallocation of resources and technical assistance, changes in school procedures or operations, staff development professional learning focused on student achievement for instructional and administrative staff, intervention for individual administrators or teachers, instructional strategies based on scientifically based research, waivers from state statutes or rules, adoption of policies and practices to ensure all groups of students meet the states proficiency level, extended instruction time for low-performing students, strategies for parental involvement, incorporation of a teacher mentoring program, smaller class size for low-performing students, or other actions the team considers appropriate; (C) Assist in the development of an intensive school improvement plan focused on student achievement required by paragraph (3) of this subsection; and (D) Assist the director in monitoring Monitor the progress of the school in implementing the intensive school improvement plan focused on student achievement;. (5)(b) If a school has received a grade of D or F an unacceptable rating for a period of two consecutive years or more, appointing the State Board of Education shall offer the local board of education for such school the opportunity to show cause why the State Board of Education should not appoint a school master or management team for the

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school or impose mandated school choice. After the local board of education has had an opportunity to show cause, the State Board of Education may, in its discretion, appoint a school master or management team to oversee and direct the duties of the principal of the school in relation to the school until school performance improves and the school is released from intervention by the director, with the cost of the master or management team to be paid by the state;, or may impose mandated public school choice. The State Board of Education is also authorized to impose additional restrictions or mandates on schools subject to this subsection, as deemed appropriate by the State Board of Education and in accordance with its rules and regulations. (6)(c) If a school has received a grade of D or F an unacceptable rating for a period of three consecutive years or more, the State Board of Education shall offer the local board of education for such school the opportunity to show cause why the State Board of Education should not implement one or more of the following interventions or sanctions, in order of severity:
(A)(1) Removal of school personnel on recommendation of the master or the school improvement team, including the principal and personnel whose performance has continued not to produce student achievement gains over a three-year period as a condition for continued receipt of state funds for administration; (B)(2) Allow for the implementation of a state charter school through the designation by the State Board of Education; (C)(3) Mandate the complete reconstitution of the school, removing all personnel, appointing a new principal, and hiring all new staff. Existing staff may reapply for employment at the newly reconstituted school but shall not be rehired if their performance regarding student achievement has been negative for the past three years; (D)(4) Mandate that the parents have the option to relocate the student to other public schools in the local school system to be chosen by the parents of the student with transportation costs borne by the system; or (E)(5) Mandate a monitor, master, or management team in the school that shall be paid by the district; (6) Continue the intensive student achievement improvement plan provided for in paragraph (3) of subsection (a) of this Code section; or (7) Mandate a complete restructuring of the schools governance arrangement and internal organization of the school. After the local board of education has had an opportunity to show cause, the State Board of Education may, in its discretion, impose any of the interventions or sanctions listed in this subsection on a school subject to this subsection. (b)(d) The State Board of Education shall clearly define the powers and duties of a master or management team appointed to oversee the operations of a school. (c)(e) A school improvement team appointed under this Code section may consist of currently employed or retired teachers, principals, other educational professionals, Department of Education school improvement employees, or local school superintendents recognized for excellence in their roles and appointed by the State Board of Education to serve as members of a team.

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(d)(f) The State Board of Education shall annually report by June 30 of each year the status of the interventions imposed on low-performing schools to the office with recommendations regarding ending, extending, or upgrading the interventions on those schools. The director shall review and respond to the report."
SECTION 10. The Official Code of Georgia Annotated is amended by striking from the following Code sections the name "Office of Education Accountability" wherever the same shall occur and inserting in lieu thereof the name "Office of Student Achievement":
(1) Code Section 20-2-86, relating to school councils; (2) Code Section 20-2-154.1, relating to alternative education programs; (3) Code Section 20-2-167, relating to funding, budgeting, and accounting; (4) Code Section 20-2-212.3, relating to increasing teachers salaries in areas of shortage and criteria for determining shortage; (5) Code Section 20-2-281, relating to assessment of effectiveness of educational programs; (6) Code Section 20-2-283, relating to criteria and specific requirements for the development of a placement and promotion policy; (7) Code Section 20-2-286, relating to Georgia Closing the Achievement Gap Commission; (8) Code Section 20-2-320, relating to the Education Information Steering Committee and identification of data to implement the Quality Basic Education Program; (9) Code Section 20-14-6, relating to selection of personnel to support the Education Coordinating Council; (10) Code Section 20-14-8, relating to general powers and duties of the Education Coordinating Council; (11) Code Section 20-14-20, relating to definitions regarding education accountability assessment programs; (12) Code Section 20-14-25, relating to the creation of the Office of Education Accountability; (13) Code Section 47-3-127.1, relating to employment of retired teacher as full-time teacher; and (14) Code Section 50-18-72, relating to when public disclosure of government records is not required.
SECTION 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

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The following amendments were read and ruled not germane:

Representatives Amerson of the 9th, Jones of the 38th and Hines of the 35th move to amend the Committee substitute to HB 1190 by inserting between "law;" and "to" on line 14 of page 1 the following:
"to delete certain provisions relating to disciplinary actions for children in kindergarten through grade five;"
By inserting between lines 19 and 20 of page 12 the following:
"SECTION 7A. Said title is further amended by striking Code Section 20-2-759, relating to children in kindergarten through grade five, and inserting in lieu thereof the following:
'20-2-759. (a) Except as otherwise expressly provided in this subpart, this subpart shall not apply to children in kindergarten through elementary grade five. (b) The local school superintendent shall determine the disciplinary actions or proceedings for children exempt from this subpart under subsection (a) of this Code section Reserved.'"

Representatives Hines of the 35th, Amerson of the 9th and Jones of the 38th move to amend the Committee substitute to HB 1190 by inserting between "law;" and "to" on line 14 of page 1 the following:
"to revise the definition of 'disciplinary orders' to include those from private schools and out-of-state schools;"
By inserting between lines 19 and 20 of page 12 the following:
"SECTION 7A. Said title is further amended by striking Code Section 20-2-751.2, relating to students subject to disciplinary orders of other school systems, and inserting in lieu thereof the following:
'20-2-751.2. (a) As used in this Code section, the term 'disciplinary order' means any order of a local school system in this state, a private school in this state, or a public school outside of this state which imposes short-term suspension, long-term suspension, or expulsion upon a student in such system or school. (b) A local board of education which has a student who attempts to enroll or who is enrolled in any school in its school system during the time in which that student is

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subject to a disciplinary order of any other school system is authorized to refuse to enroll or subject that student to short-term suspension, long-term suspension, or expulsion for any time remaining in that other school systems or schools disciplinary order upon receiving a certified copy of such order if the offense which led to such suspension or expulsion in the other school system or school was an offense for which suspension or expulsion could be imposed in the enrolling school. (c) A local school system or school may request of another school system or school whether any disciplinary order has been imposed by the other school system or school upon a student who is seeking to enroll or is enrolled in the requesting system or school. If such an order has been imposed and is still in effect for such student, the requested school system or private school in this state shall so inform the requesting system or school and shall provide a certified copy of the order to the requesting system or school. (d) If any school administrator determines from the information obtained pursuant to this Code section or from Code Section 15-11-28 or 15-11-80 that a student has been convicted of or has been adjudicated to have committed an offense which is a designated felony act under Code Section 15-11-63, such administrator shall so inform all teachers to whom the student is assigned. Such teachers and other certificated professional personnel as the administrator deems appropriate may review the information in the students file provided pursuant to this Code section that has been received from other schools or from the juvenile courts or superior courts. Such information shall be kept confidential.'"

The following amendment was read:

Representatives Hines of the 35th, Amerson of the 9th and Jones of the 38th move to amend the Committee substitute to HB 1190 by inserting between "law;" and "to" on line 14 of page 1 the following:
"to provide for designation of school employees as attendance officers; to change the authority of attendance officers;".
By inserting between lines 19 and 20 of page 12 the following:
"SECTION 7A. Said title is further amended by striking Code Section 20-2-695, relating to attendance officers, and inserting in lieu thereof the following:
'20-2-695. (a) A local board of education may employ an attendance officer or attendance officers in addition to a visiting teacher or visiting teachers. Such an attendance officer must be paid wholly from local funds of the local board unless state funds are specifically

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appropriated for purposes of employment of attendance officers, in which case state funds may be used to the extent so appropriated. Attendance officers shall not be required to qualify under rules and regulations promulgated by the Professional Standards Commission for the certification of visiting teachers. (a.1) A local board of education may designate one or more school employees as an attendance officer or attendance officers. Such school employees designated as attendance officers shall have the duties and authority of attendance officers defined in this subpart. (b) The authority and duties of any attendance officer so appointed by a local board of education shall include:
(1) The duty to cooperate with state agencies, make monthly reports to that officers school superintendent, and comply with state and local rules as provided in Code Section 20-2-696; (2) The authority to receive cooperation and attendance reports from that officers school system as provided for in Code Section 20-2-697; (3) When specifically authorized by the appointing local board of education, the The authority to assume temporary custody of children absent from school for the purpose of delivering the child to school or to the parent, guardian, or other person who has control or charge of the child, or if the child has been adjudged delinquent or unruly, to the probation officer of the county having jurisdiction over the child in the same manner as authorized for peace officers under Code Sections 20-2-698 through 20-2700; and any attendance officer so authorized by the appointing local board of education shall, when engaged in such function, have the same duties, authority, rights, privileges, and immunities as applicable to a peace officer engaged in such function, provided that the same shall not extend to the carrying of a weapon unless the attendance officer holds a valid certification as a peace officer from the Georgia Peace Officer Standards and Training Council; (4) The duty to report children absent from school to the juvenile court or other court having jurisdiction as provided for in Code Section 20-2-701; and (5) Such other authority and duties as may be provided by law or as may be provided by the appointing local board of education in conformity with law. Attendance officers and school employees designated as attendance officers pursuant to subsection (a.1) of this Code section, when acting in their official capacity pursuant to this subsection, shall be immune from civil liability for, or arising out of, any act or omission concerning, relating to, or resulting from their performance of duties under this subsection.'"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe

Y Day N Dean Y Deloach

Y Hill, C.A N Hill, V Y Hines

N Mitchell N Mobley N Moraitakis

N Sholar N Sims N Sinkfield

WEDNESDAY, MARCH 17, 2004

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

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

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

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

On the adoption of the amendment, the ayes were 81, nays 91. The amendment was lost.

2197
N Skipper Y Smith, B Y Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre N Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson N Walker, L Y Walker, R.L E Warren
Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

The following amendment was read:

Representative Chambers of the 53rd moves to amend the Committee substitute to HB 1190 by inserting between "law;" and "to" on line 14 of page 1 the following:
"to change certain provisions regarding legislative intent with respect to charter schools; to change certain provisions regarding petitions to establish charter schools; to change certain provisions regarding operation, control, and management requirements for charter schools;"

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By inserting between lines 19 and 20 of page 12 the following:
"SECTION 7A. Said title is further amended by striking Code Section 20-2-2061, relating to legislative intent regarding charter schools, and inserting in its place a new Code Section 20-2-2061 to read as follows:
'20-2-2061. It is the intent of the General Assembly to provide a means whereby a petitioner may seek a performance based contract called a charter, which ties improved performance to the waiver of specifically identified state and local rules, regulations, policies, procedures, and identified provisions of this title other than the provisions of this article exempts the petitioner from the provisions of this title, except as provided in this article, or any state or local rule, regulation, policy, or procedure relating to schools within an applicable school system regardless of whether such rule, regulation, policy, or procedure is established by the local board, the State Board of Education, or the Department of Education; provided, however, that the state board may establish rules, regulations, policies, or procedures consistent with this article relating to charter schools. In exchange for such a waiver, the school agrees to meet or exceed the performance based goals included in the petition and approved by the local board, including but not limited to raising student achievement.'
SECTION 7B. Said title is further amended by striking Code Section 20-2-2063, relating to petitions to establish charter schools, and inserting in its place a new Code Section 20-2-2063 to read as follows:
'20-2-2063. The State Board of Education shall promulgate rules, regulations, policies, and procedures to govern the contents of a charter petition, provided that the following shall be required at a minimum:.
(1) The state board shall require that a petition designate the performance to be improved and how it will be improved through the waiver of specifically identified state and local rules, regulations, policies, and procedures, or provisions of this title other than the provisions of this article; (2) The state board shall require that a petition describe how it will measure the improvement in such performance and over what period of time, provided that such requirement shall not waive the accountability provisions of Part 3 of Article 2 of Chapter 14 of this title; and (3) The state board shall require that a petition demonstrate how any such waiver does not undermine and is consistent with the intent of the waived state and local rules, regulations, policies, and procedures, or the provisions of this title.'
SECTION 7C. Said title is further amended by striking Code Section 20-2-2065, relating to operation,

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2199

control, and management requirements for charter schools, and inserting in its place a new Code Section 20-2-2065 to read as follows:
'20-2-2065. (a) Except as provided in this article and in the charter, a charter school shall not be subject to the provisions of this title or any state or local rule, regulation, policy, or procedure relating to schools within an applicable school system regardless of whether such rule, regulation, policy, or procedure is established by the local board, the state board, or the Department of Education; provided, however, that the state board may establish rules, regulations, policies, or procedures consistent with this article relating to charter schools. (b) In determining whether to waive, as sought by the petitioner, specifically identified state and local rules, regulations, policies, and procedures, and provisions of this title other than the provisions of this article to approve a charter petition or renew an existing charter, the local board and state board shall ensure that a charter school shall be:
(1) A public, nonsectarian, nonreligious, nonprofit school that is not home based, provided that a charter schools nonprofit status shall not prevent the school from contracting for the services of a for profit entity; (2) Subject to the control and management of the local board of the local school system in which the charter school is located, as provided in the charter and in a manner consistent with the Constitution, if a local charter school; (3) Subject to the supervision of the state board, as provided in the charter and in a manner consistent with the Constitution, if a state chartered special school; (4) Organized and operated as a nonprofit corporation under the laws of this state; provided, however, that this paragraph shall not apply to conversion charter schools; (5) Subject to all federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct; (6) Subject to all laws relating to unlawful conduct in or near a public school; (7) Subject to an annual financial audit in the manner specified in the charter; (8) Subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, and such provisions shall apply with respect to charter schools whose charters are granted or renewed on or after July 1, 2000; (9) Subject to all reporting requirements of Code Section 20-2-160, subsection (e) of Code Section 20-2-161, Code Section 20-2-320, and Code Section 20-2-740; (10) Subject to the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133; and (11) Subject to the provisions of Code Section 20-2-1050 requiring a brief period of quiet reflection.'"

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On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

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

On the adoption of the amendment, the ayes were 90, nays 86. The amendment was adopted.

Representative Holmes of the 48th, Post 1 moved that the House reconsider its action in adopting the Chambers amendment.
On the motion, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 17, 2004

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

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

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

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

On the motion, the ayes were 81, nays 89. The motion was lost.

2201
Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L N Smith, P N Smith, T N Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan N Thomas, A.M
Thompson N Walker, L N Walker, R.L E Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

The following amendment was read:

Representatives Chambers of the 53rd and Mosley of the 129th, Post 1 move to amend the Committee substitute to HB 1190 by inserting between "law;" and "to" on line 14 of page 1 the following:

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"to change penalties for failure to comply with compulsory attendance requirements; to provide for written summaries of penalties and consequences of failure to comply with compulsory attendance requirements; to provide for student attendance protocols and their contents, purpose, and dissemination; to provide for student attendance protocol committees and their membership and duties;".
By inserting between lines 19 and 20 of page 12 the following:
"SECTION 7A. Said title is further amended by striking subsection (b) of Code Section 20-2-690.1, relating to mandatory education for children, and inserting in lieu thereof the following:
'(b) Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who shall violate this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed not less than $25.00 and not greater than $100.00, or imprisonment not to exceed 30 days, community service, or both any combination of such penalties, at the discretion of the court having jurisdiction. Each days absence from school in violation of this part after the childs school system notifies the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence for a child shall constitute a separate offense. Public schools shall provide to the parent, guardian, or other person having control or charge of each child enrolled in public school a written summary of possible consequences and penalties for failing to comply with compulsory attendance under this Code section for children and their parents, guardians, or other persons having control or charge of children, as provided in Code Section 20-2-690.2. The parent, guardian, or other person who has control or charge of a child or children shall sign a statement indicating receipt of such written statement of possible consequences and penalties; children who are age ten years or older by September 1 shall sign a statement indicating receipt of such written statement of possible consequences and penalties. After two reasonable attempts by the school to secure such signature or signatures, the school shall be considered to be in compliance with this subsection if it sends a copy of the statement, via certified mail, return receipt requested, to such parent, guardian, other person who has control or charge of a child, or child. Public schools shall retain signed copies of statements through the end of the school year.'
SECTION 7B. Said title is further amended by inserting a new Code section to be designated Code Section 20-2-690.2 to read as follows:
'20-2-690.2. (a) The chief judge of the superior court of each county shall establish a student attendance protocol committee for its county. The purpose of the committee shall be to ensure coordination and cooperation among officials, agencies, and programs involved in compulsory attendance issues, to reduce the number of unexcused absences from school, and to increase the percentage of students present to take tests which are

WEDNESDAY, MARCH 17, 2004

2203

required to be administered under the laws of this state. The chief judge is responsible for ensuring that all members of the committee are notified of their responsibility to the committee and shall call the first meeting of the committee in each county. The committee shall elect a chairperson and may elect other officers. (b) Each local board of education shall consider the recommendations of the committee as provided in this Code section. Independent school systems may participate in the committee in the county in which its system resides. Independent school systems whose geographic area resides in more than one county may select one of the counties in which it resides in which to participate. An independent school system that elects not to participate in the committee of the county in which it resides shall request that the chief judge of the superior court of a county in which it resides establish an independent student attendance protocol committee in the same manner as then established for such county. (c) Each of the following agencies, officials, or programs shall designate a representative to serve on the committee:
(1) The chief judge of the superior court; (2) The juvenile court judge or judges of the county; (3) The district attorney for the county; (4) The solicitor-general of state court, if the county has a state court; (5) The Department of Juvenile Justice, which may include representatives from area youth detention centers or regional youth detention centers; (6) The superintendent and at least one certificated personnel of each public school system in the county; (7) The sheriff of the county; (8) The chief of police of the county police department; (9) The chief of police of each municipal police department in the county; (10) The county department of family and children services; (11) The county board of health; (12) The county mental health organization; (13) The county Family Connection commission, board, or authority, or other county agency, board, authority, or commission having the duty and authority to study problems of families, children, and youth and provide services to families, children, and youth; and (14) The court approved community based risk reduction program established by the juvenile court in accordance with Code Section 15-11-10, if such a program has been established. (d) The committee thus established may appoint such additional members as necessary and proper to accomplish the purposes of the committee. (e) Each committee shall, by June 1, 2005, adopt a written student attendance protocol for its county school system and for each independent school system within its geographic boundaries which shall be filed with the Department of Education. The protocol shall outline in detail the procedures to be used in identifying, reporting, investigating, and prosecuting cases of alleged violations of Code Section 20-2-690.1,

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relating to mandatory school attendance. The protocol shall outline in detail methods for determining the causes of failing to comply with compulsory attendance and appropriately addressing the issue with children and their parents or guardians. The protocol shall also include recommendations for policies relating to tardiness. The Department of Education shall provide model school attendance protocols, if requested by the committee. (f) A copy of the protocol shall be furnished to each agency, official, or program within the county that has any responsibility in assisting children and their parents or guardians in complying with Code Section 20-2-690.1. (g) The committee shall write the summary of possible consequences and penalties for failing to comply with compulsory attendance under Code Section 20-2-690.1 for children and their parents, guardians, or other persons who have control or charge of children for distribution by schools in accordance with Code Section 20-2-690.1. The summary of possible consequences for children shall include possible dispositions for unruly children and possible denial or suspension of a drivers license for a child in accordance with Code Section 40-5-22. (h) The committee shall continue in existence after writing the student attendance protocol. The chief judge of the superior court of each county shall ensure that the committee meets at least quarterly during the first year, and twice annually thereafter, to evaluate compliance with the protocol, effectiveness of the protocol, and appropriate modifications. (i) Each local board of education shall report student attendance rates to the committee and the State Board of Education at the end of each school year, according to a schedule established by the State Board of Education.'"

The following amendment was read:

Representative Joyce of the 2nd moves to amend the Chambers amendment to HB 1190 as follows:
Strike Section 7B Page 2 - 4.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Amerson N Anderson N Ashe
Bannister N Barnard N Barnes

Day N Dean N Deloach N Dix N Dodson N Dollar

Hill, C.A N Hill, V N Hines N Holmes N Houston
Howard

N Mitchell N Mobley N Moraitakis
Morris N Mosby N Mosley

N Sholar N Sims N Sinkfield N Skipper N Smith, B N Smith, L

WEDNESDAY, MARCH 17, 2004

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

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

Howell N Hudson N Hugley N Jackson N James N Jamieson N Jenkins, C N Jenkins, C.F N Jones N Jordan Y Joyce N Keen Y Knox N Lane Y Lewis N Lord N Lucas N Lunsford N Maddox N Mangham N Manning N Marin N Martin N Massey N Maxwell N McBee N McCall N McClinton N Millar N Mills

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

On the adoption of the amendment, the ayes were 9, nays 159. The amendment was lost.

2205
Y Smith, P N Smith, T N Smith, V N Smyre N Snow N Stanley-Turner N Stephens, E N Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson N Walker, L Y Walker, R.L E Warren N Watson N Westmoreland N White N Wilkinson N Willard N Williams, A N Williams, E N Williams, R N Wix Y Yates
Coleman, Speaker

The Chambers amendment was adopted.

The following amendment was read:

Representative Jones of the 38th moves to amend the Committee substitute to HB 1190 by inserting between "law;" and "to" on line 14 of page 1 the following:
"to provide for additional requirements for student codes of conduct; to provide that prohibited activities apply to school buses; to provide for provisions in student codes of conduct for off-campus behavior by a student; to eliminate the requirement that local boards of education submit a copy of their student codes of conduct to the State Board

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of Education; to provide that local board policies require local school superintendents to support the authority of principals and teachers to remove certain students from a classroom; to change certain provisions relating to suspending students for committing acts of physical violence to conform to other Code sections; to revise certain provisions relating to disciplinary hearings by a disciplinary hearing officer, panel, or tribunal; to require that all disciplinary hearings be held within a certain time after the beginning of a students suspension; to provide for notice to any teacher who is called as a witness for a disciplinary hearing;"
By inserting between lines 19 and 20 of page 12 the following:
"SECTION 7A. Said title is further amended by striking Code Section 20-2-751.5, relating to student codes of conduct, and inserting in lieu thereof the following:
'20-2-751.5. (a) Each student code of conduct shall contain provisions that address the following conduct of students during school hours, and at school related functions, and on the school bus, in a manner that is appropriate to the age of the student:
(1) Verbal assault, including threatened violence, of teachers, administrators, and other school personnel; (2) Physical assault or battery of teachers, administrators, and other school personnel; (3) Disrespectful conduct toward teachers, administrators, and other school personnel, including use of vulgar or profane language; (4) Verbal assault of other students; (5) Physical assault or battery of other students; (6) Disrespectful conduct toward other students, including use of vulgar or profane language; and (7) Verbal assault of, physical assault or battery of, and disrespectful conduct, including use of vulgar or profane language, toward persons attending school related functions.; (8) Failure to comply with compulsory attendance as required under Code Section 20-2-690.1; (9) Willful or malicious damage to real or personal property of the school or to personal property of any person legitimately at the school; (10) Inciting, advising, or counseling of others to engage in prohibited acts; (11) Marking, defacing, or destroying school property; (12) Possession of a weapon, as provided for in Code Section 16-11-127.1; (13) Unlawful use or possession of illegal drugs or alcohol; and (14) Willful and persistent violation of the student code of conduct. With regard to paragraphs (9) and (11) of this subsection, each student code of conduct shall also contain provisions that address conduct of students during off-school hours. (b)(1) In addition to the requirements contained in subsection (a) of this Code section, each Each student code of conduct shall include comprehensive and specific

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provisions prescribing and governing student conduct and safety rules on all public school buses. The specific provisions shall include but not be limited to:
(A) Students shall be prohibited from acts of physical violence as defined by Code Section 20-2-751.6, bullying as defined by subsection (a) of Code Section 20-2751.4, physical assault or battery of other persons on the school bus, verbal assault of other persons on the school bus, disrespectful conduct toward the school bus driver or other persons on the school bus, and other unruly behavior; (B) Students shall be prohibited from using any electronic devices during the operation of a school bus, including but not limited to cell phones; pagers; audible radios, tape or compact disc players without headphones; or any other electronic device in a manner that might interfere with the school bus communications equipment or the school bus drivers operation of the school bus; and (C) Students shall be prohibited from using mirrors, lasers, flash cameras, or any other lights or reflective devises in a manner that might interfere with the school bus drivers operation of the school bus. (2) If a student is found to have engaged in physical acts of violence as defined by Code Section 20-2-751.6, the student shall be subject to the penalties set forth in such Code section. If a student is found to have engaged in bullying as defined by subsection (a) of Code Section 20-2-751.4 or in physical assault or battery of another person on the school bus, the local school board policy shall require a meeting of the parent or guardian of the student and appropriate school district officials to form a school bus behavior contract for the student. Such contract shall provide for progressive age-appropriate discipline, penalties, and restrictions for student misconduct on the bus. Contract provisions may include but shall not be not limited to assigned seating, ongoing parental involvement, and suspension from riding the bus. This subsection is not to be construed to limit the instances when a school code of conduct or local board of education may require use of a student bus behavior contract. (3) No later than August 15, 2002, each local board of education shall send to the State Board of Education a copy of the provisions of its student code of conduct that address the items identified in paragraphs (1) and (2) of this subsection. The state board shall review such provisions to ensure that each of the items identified in paragraphs (1) and (2) of this subsection is addressed and shall notify a local board of education, no later than October 15, 2002, of any items which are not addressed in its submission to the state board. Nothing in this subsection shall be construed as authorizing or requiring the state board to review or approve the substance of the student code of conduct. (c) Each student code of conduct shall also contain provisions that address any offcampus behavior of a student which could result in the student being criminally charged with a felony and which makes the students continued presence at school a potential danger to persons or property at the school or which disrupts the educational process. (d) Local board policies relating to student codes of conduct shall provide that each local school superintendent shall fully support, including establishing and disseminating

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procedures, the authority of principals and teachers in the school system to remove a student from the classroom pursuant to Code Section 20-2-738. It is the policy of this state that it is preferable to reassign disruptive students to alternative educational settings rather than to suspend or expel such students from school. (c)(e) Any student handbook which is prepared by a local board or school shall include a copy or summary of the student code of conduct for that school or be accompanied by a copy of the student code of conduct for that school. If a student handbook contains a summary of the student code of conduct, then a full copy of the student code of conduct shall be made available for review at the school. When distributing a student code of conduct, a local school shall include a form on which the students parent or guardian may acknowledge his or her receipt of the code, and the local school shall request that the form be signed and returned to the school.'
SECTION 7B. Said title is further amended by striking Code Section 20-2-751.6, relating to suspension policy for students committing acts of physical violence resulting in injury to teachers, and inserting in lieu thereof the following:
'20-2-751.6. (a) As used in this Code section, the term "physical violence" means:
(1) Intentionally making physical contact of an insulting or provoking nature with the person of another; or (2) Intentionally making physical contact which causes physical harm to another unless such physical contacts or physical harms were in defense of himself or herself, as provided in Code Section 16-3-21. (b) Local board of education policies and student codes of conduct shall provide for the penalties to be assessed against a student found by a disciplinary hearing officer, panel, or tribunal pursuant to Code Section 20-2-752 to have committed any act of physical violence against a teacher, school bus driver, or other school official or employee. The local board shall appoint a Such disciplinary hearing officer, panel, or tribunal to shall hold a any disciplinary hearing pursuant to in accordance with the provisions of Code Section 20-2-754 regarding the alleged act of physical violence and penalty. Any student alleged to have committed an act of physical violence shall be suspended pending the hearing by the disciplinary hearing officer, panel, or tribunal. The tribunal shall be composed of three teachers or certificated education personnel, appointed by the local school board. The decision of the disciplinary hearing officer, panel, or tribunal shall determine all issues of fact and intent and shall submit its findings and recommendations may be appealed to the local school board pursuant to Code Section 20-2-754 for imposition of punishment in accordance with this Code section. If appropriate under paragraph (1) of subsection (c) of this Code section, the tribunals recommendations decision of the disciplinary hearing officer, panel, or tribunal shall include a recommendation as to whether a student may return to public school and, if return is recommended, a recommended time for the students return to public school.

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2209

The local school board may follow the recommendations of the tribunal or impose penalties not recommended by the disciplinary hearing officer, panel, or tribunal.
(c)(1) A student found by a disciplinary hearing officer, panel, or tribunal to have committed an act of physical violence as defined in paragraph (2) of subsection (a) of this Code section against a teacher, school bus driver, school official, or school employee shall be expelled from the public school system. The expulsion shall be for the remainder of the students eligibility to attend public school pursuant to Code Section 20-2-150. The local school board at its discretion may permit the student to attend an alternative education program for the period of the students expulsion. If the student who commits an act of physical violence is in kindergarten through grade eight, then the local school board at its discretion and on the recommendation of the disciplinary hearing officer, panel, or tribunal may permit such a student to reenroll in the regular public school program for grades nine through 12. If the local school board does not operate an alternative education program for students in kindergarten through grade six, the local school board at its discretion may permit a student in kindergarten through grade six who has committed an act of physical violence as defined in paragraph (2) of subsection (a) of this Code section to reenroll in the public school system; (2) Any student who is found by a disciplinary hearing officer, panel, or tribunal to have committed an act of physical violence against a teacher, school bus driver, school official, or school employee as defined in paragraph (2) of subsection (a) of this Code section shall be referred to juvenile court with a request for a petition alleging delinquent behavior; and (3) Any student who is found by a disciplinary hearing officer, panel, or tribunal to have committed an act of physical violence as defined in paragraph (1) of subsection (a) of this Code section against a teacher, school bus driver, school official, or school employee may be disciplined by expulsion, long-term suspension, or short-term suspension. (d) The provisions of this Code section shall apply with respect to any local school system which receives state funding pursuant to Code Sections 20-2-161 and 20-2-260. (e) Nothing in this Code section shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990.'
SECTION 7C. Said title is further amended by striking Code Section 20-2-753, relating to disciplinary hearings held by a disciplinary hearing officer, panel, or tribunal, and inserting in lieu thereof the following:
'20-2-753. (a) In addition to any proceedings which are authorized in Code Section 20-2-752, local boards of education shall appoint a disciplinary hearing officer, panel, or tribunal of school officials to hold a disciplinary hearing following any instance of an alleged

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violation of the student code of conduct where the principal recommends a suspension or expulsion of longer than ten school days or an alleged assault or battery by a student upon any teacher or other school official or employee, if such teacher or other school official or employee so requests.:
(1) An alleged assault or battery by a student upon any teacher, other school official, or employee; (2) An alleged assault or battery by a student upon another student, if, in the discretion of the school principal, the alleged assault or battery could justify the expulsion or long-term suspension of the student; or (3) Substantial damage alleged to be intentionally caused by a student on school premises to personal property belonging to a teacher, other school official, employee, or student, if, in the discretion of the school principal, the alleged damage could justify the expulsion or long-term suspension of the student. (b) The board of education shall by appropriate rule, regulation, or resolution require that when any instance specified in subsection (a) of this Code section occurs, the teacher, other school official, employee, or student who is subjected to the assault, battery, or damage shall file a complaint with the school administration and with the local board of education. (b) Nothing in this Code section shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990.'
SECTION 7D. Said title is further amended by striking subsections (b) and (c) of Code Section 20-2754, relating to procedures to be followed by disciplinary hearing officers, panels, or tribunals, and inserting in lieu thereof the following:
'(b) A disciplinary officer, panel, or tribunal of school officials appointed as required by Code Section 20-2-753 shall, in addition to any other requirements imposed by rules and regulations which may have been promulgated pursuant to Code Section 20-2-752, ensure that:
(1) All parties are afforded an opportunity for a hearing after reasonable notice served personally or by mail. This notice shall be given to all parties and to the parent or guardian of the student or students involved and shall include a statement of the time, place, and nature of the hearing; a short and plain statement of the matters asserted; and a statement as to the right of all parties to present evidence and to be represented by legal counsel; (2) The hearing is held no later than ten school days after the beginning of the suspension unless the school system and parents or guardians mutually agree to an extension; (2)(3) All parties are afforded an opportunity to present and respond to evidence and to examine and cross-examine witnesses on all issues unresolved; and

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2211

(4) Any teacher called as a witness by the school system shall be given notice no later than three days prior to the hearing; and (3)(5) A verbatim electronic or written record of the hearing shall be made and shall be available to all parties. (c) If appointed to review an instance specified in pursuant to Code Section 20-2-753, the disciplinary officer, panel, or tribunal shall conduct the hearing and, after receiving all evidence, render its decision, which decision shall be based solely on the evidence received at the hearing. The decision shall be in writing and shall be given to all parties within ten days of the close of the record. Any decision by such disciplinary officer, panel, or tribunal may be appealed to the local board of education by filing a written notice of appeal within 20 days from the date the decision is rendered. Any disciplinary action imposed by such officer, panel, or tribunal may be suspended by the school superintendent pending the outcome of the appeal.'"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

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

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Y Coleman, B Y Cooper Y Crawford N Cummings

JOURNAL OF THE HOUSE

N Heckstall Y Hembree N Henson Y Hill, C

Y McCall N McClinton
Millar Y Mills

N Sailor Y Scott N Shaw Y Sheldon

On the adoption of the amendment, the ayes were 91, nays 84. The amendment was adopted.

Y Williams, R N Wix Y Yates
Coleman, Speaker

Representative Dooley of the 33rd, Post 3 stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following amendment was read:

Representative Jamieson of the 22nd moves to amend the Committee substitute to HB 1190 by inserting between "repeal;" and "to" on line 5 of page 1 the following:
"to change certain provisions relating to salaries of professional educators;"
By inserting immediately following line 32 of page 5 the following:
"SECTION 3A. Said title is further amended in Code Section 20-2-212, relating to salaries of professional educators, by striking subsection (b) and inserting in lieu thereof the following:
'(b) Local units of administration may supplement the salaries of personnel subject to the schedule of minimum salaries under subsection (a) of this Code section and, in fixing the amount of those supplements, may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and performance of the particular employee whose salary is being supplemented. In any fiscal year in which such personnel receive an increase under the minimum salary schedule, a local unit of administration shall not decrease any local salary supplement for such personnel below the local supplement amount received in the immediately preceding fiscal year by those personnel of that local unit of administration unless such local unit of administration has conducted at least one public hearing regarding such decrease, notice of which hearing the local unit shall cause to be published in the legal organ of the county which is the legal situs of such local unit one time at least seven days prior to the date such hearing is to be held.'"

WEDNESDAY, MARCH 17, 2004

2213

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

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

On the adoption of the amendment, the ayes were 115, nays 54. The amendment was adopted.

Representatives Bannister of the 70th, Post 1 and Keen of the 146th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

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Representative Sheldon of the 71st, Post 2 stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following amendment was read and adopted:

Representative Jamieson of the 22nd moves to amend the Committee substitute to HB 1190 by inserting between "repeal;" and "to" on line 5 of page 1 the following:
"to provide for certain salary increases for certain national certification;"
By inserting between lines 32 and 33 of page 5 the following:
"SECTION 3B. Said title is further amended by adding a new Code section immediately following Code Section 20-2-212.4 to be designated Code Section 20-2-212.5 to read as follows:
'20-2-212.5. (a) As used in this Code section, "national certification" means certification as a Nationally Certified School Psychologist from the National School Psychology Certification Board; a National Certified School Counselor from the National Board for Certified Counselors or the National Board for Professional Teaching Standards; a Certified School Social Worker Specialist from the National Association of Social Workers; or a Certificate of Clinical Competence from the American SpeechLanguage-Hearing Association in speech-language pathology or audiology for a speech pathologist or audiologist. (b) Any person who has earned national certification as a school psychologist, school counselor, school social worker, or speech pathologist or audiologist shall receive not less than a 10 percent increase in state salary annually upon:
(1) The completion of three years of satisfactory performance as a school psychologist, school counselor, school social worker, or speech pathologist or audiologist in a public school system in the state; (2) The commencement of the 2007-2008 school year if certification was earned prior to such school year; or (3) The commencement of the school year after earning such certification, if such certification is earned after the commencement of the 2007-2008 school year. (c) The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible. (d) The 10 percent increase shall be computed based on the state salary for such person for the school year when the increase is first awarded and recomputed for each subsequent year based on the individuals state salary for that school year, provided that

WEDNESDAY, MARCH 17, 2004

2215

the person continues to hold national certification as a school psychologist, school counselor, school social worker, or speech pathologist or audiologist.'"

The following amendment was read:

Representative Jamieson of the 22nd et al. move to amend the Committee substitute to HB 1190 by inserting between "assessment;" and "to" on line 8 of page 1 the following:
"to provide for reports to the State Board of Education and the General Assembly regarding the performance of students who do not perform at grade level on tests required for promotion, the additional instruction offered to such students, and the students performance on retests;".
By striking lines 9 through 12 of page 1 and inserting in their place the following: "and Promotion Policy for third graders for one year; to delete a provision prohibiting the identification by name of".
By inserting between lines 17 and 18 of page 9 the following:
"SECTION 5A. Said title is further amended in Code Section 20-2-283, relating to criteria for promotion in certain grades in accordance with the Georgia Academic Placement and Promotion Policy, by striking subsection (e) and inserting in lieu thereof the following:
'(e) Local boards of education shall annually collect and report to the State Board of Education the performance of students in grades three, five, and eight who do not perform at grade level on the applicable reading and math criterion-referenced assessments specified in paragraph (1) of subsection (b) of this Code section; the accelerated, differentiated, or additional instruction offered students as provided for in paragraph (2) of subsection (b) of this Code section; and the students performance on the retest as provided for in paragraph (2) of subsection (b) of this Code section. (f) The State Board of Education shall annually evaluate and report to the General Assembly the performance of students in grades three, five, and eight who do not perform at grade level on the applicable reading and math criterion-referenced assessments specified in paragraph (1) of subsection (b) of this Code section; the accelerated, differentiated, or additional instruction offered students as provided for in paragraph (2) of subsection (b) of this Code section; and the students performance on the retest as provided for in paragraph (2) of subsection (b) of this Code section. (g) The State Board of Education shall establish policies and procedures for implementation of this Code section.'"
By striking lines 20 and 21 of page 9 and inserting in their place the following:

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"implementation of the promotion policy, and inserting in lieu thereof a new Code Section 20-2-285 to read as follows:"
By striking line 25 of page 9 and inserting it its place the following:
"(1) The third grade beginning with the 2003-2004 school year; provided, however, that in the event the State Board of Education does not receive test results for the third grade criterion-referenced assessments on or before May 26, 2004, the State Board of Education in its discretion, may delay full implementation of this paragraph and the Georgia Academic Placement and Promotion Policy for the 2003-2004 school year:"
By striking line 27 of page 9 through line 23 of page 10 and inserting in their place the following:
"(3) The eighth grade beginning with the 2005-2006 school year.'"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

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

N Childers Y Coan Y Coleman, B Y Cooper Y Crawford N Cummings

WEDNESDAY, MARCH 17, 2004

N Heard, K Y Heath N Heckstall Y Hembree N Henson Y Hill, C

Y Maxwell N McBee Y McCall N McClinton Y Millar Y Mills

N Royal Y Rynders N Sailor Y Scott N Shaw Y Sheldon

On the adoption of the amendment, the ayes were 80, nays 94. The amendment was lost.

2217
N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

The following amendment was read:

Representative Casas of the 68th et al. move to amend the Committee substitute to HB 1190 by inserting between "law;" and "to" on line 14 of page 1 the following:
"to require school principals to support the authority of teachers to remove certain students from a classroom;"
By inserting between lines 19 and 20 of page 12 the following:
"SECTION 7A. Said title is further amended by striking subsection (b) of Code Section 20-2-738, relating to authority of teacher over classroom, procedures following removal of student from classroom, and placement review committees, and inserting in lieu thereof the following:
'(b) On and after July 1, 2000, a A teacher shall have the authority to remove from his or her class a student who repeatedly or substantially interferes with the teachers ability to communicate effectively with the students in the class or with the ability of the students classmates to learn, where the students behavior is in violation of the student code of conduct, provided that the teacher has previously filed a report pursuant to Code Section 20-2-737 or determines that such behavior of the student poses an immediate threat to the safety of the students classmates or the teacher. Each school principal shall fully support the authority of every teacher in his or her school to remove a student from the classroom under this Code section, including establishing and disseminating procedures. The teacher shall file with the principal or the principals designee a report describing the students behavior, in one page or less, by the end of the school day on which such removal occurs or at the beginning of the next school day. The principal or the principals designee shall, within one school day after the students removal from class, send to the students parents or guardians written notification that the student was removed from class, a copy of the report filed by the

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teacher, and information regarding how the students parents or guardians may contact the principal or the principals designee.'"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

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

On the adoption of the amendment, the ayes were 125, nays 51. The amendment was adopted.

WEDNESDAY, MARCH 17, 2004

2219

Representative Stanley-Turner of the 43rd, Post 2 stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following amendments were read and ruled not germane:

Representative Rice of the 64th moves to amend the Committee substitute to HB 1190 by inserting between "Achievement';" and "to" on line 18 of page 1 the following:
"to amend Code Section 40-5-22, relating to persons not to be issued a drivers license, school attendance requirements, and driving training requirements, so as to eliminate permission of a students parent or guardian as exceptions to the school attendance requirements to obtain a drivers license; to provide for an additional exception for a minor pursuing a general educational development diploma; to provide for additional offenses to prohibit a suspended student from maintaining a drivers license; to provide conditions for reinstatement of drivers licenses and permits for suspended students;"
By inserting between lines 2 and 3 of page 23 the following:
"SECTION 10A. Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be issued a drivers license, school attendance requirements, and driving training requirements, is amended by striking subsection (a.1) and inserting in lieu thereof the following:
'(a.1)(1) The department shall not issue an instruction permit or drivers license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction permit or drivers license the applicant presents acceptable proof that he or she has received a high school diploma, a general educational development (GED) equivalency diploma, a special diploma, or a certificate of high school completion, has permission of his or her parent or guardian to withdraw from school, or has terminated his or her secondary education and is enrolled in a postsecondary school, pursuing a general educational development (GED) diploma, or the records of the department indicate that said applicant:
(A) Is enrolled in and not under suspension from a public or private school and satisfies relevant attendance requirements as set forth in paragraph (2) of this subsection; or (B) Is enrolled in a home education program that satisfies the requirements of all state laws governing such courses. (2) The department shall forthwith notify by certified mail or statutory overnight delivery, return receipt requested, any minor issued an instruction permit or drivers license in accordance with this subsection other than a minor who has terminated his or her secondary education and is enrolled in a postsecondary school or who has

2220

JOURNAL OF THE HOUSE

permission of his or her parent or guardian to withdraw from school or who is pursuing a general educational development (GED) diploma` that such minors instruction permit or drivers license is suspended subject to review as provided for in this subsection if the records of the department indicate that such minor:
(A) Has dropped out of school without graduating and has remained out of school for ten consecutive school days; (B) Has more than ten consecutive school days of unexcused absences in any semester or combination of two consecutive quarters; or (C) Has been suspended from school for:
(i) Threatening, striking, or causing bodily harm to a teacher or other school personnel; (ii) Possession or sale of drugs or alcohol on school property; or (iii) Possession or use of a weapon on school property. For purposes of this subparagraph, the term 'weapon' shall be defined in accordance with Code Section 16-11-127.1 but shall not include any part of an archeological or cultural exhibit brought to school in connection with a school project; (iv) Any sexual offense prohibited under Chapter 6 of Title 16; or (v) Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student; or (D) Has been suspended from school, for any reason, for more than ten cumulative days. Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the persons last known address shall be prima-facie evidence that such person received the required notice. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or drivers license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period to end upon the date of such minors eighteenth birthday, but such minors instruction permit or drivers license shall be reinstated if the minor submits evidence satisfactory to the department that he or she has resumed regular studies as determined by the State Board of Education or is pursuing a general educational development (GED) diploma and qualifies for an instruction permit or drivers license under the provisions of this subsection, upon payment of a restoration fee of $50.00; provided, however, that any instruction permit or drivers license suspended pursuant to subparagraph (C) or (D) of this paragraph shall not be reinstated until 90 days six months after the effective date of the suspension of such permit or license by the department or for the duration of the minors suspension from school, whichever is longer.

WEDNESDAY, MARCH 17, 2004

2221

(3) The State Board of Education and the commissioner of motor vehicle safety are authorized to promulgate rules and regulations to implement the provisions of this subsection.'"

Representative Rice of the 64th moves to amend the Committee substitute to HB 1190 by inserting between "Achievement';" and "to" on line 18 of page 1 the following:
"to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be issued a drivers license, school attendance requirements, and driving training requirements, so as to provide for an additional offense to prohibit a suspended student from maintaining a drivers license or permit; to provide for the reinstatement of drivers licenses and permits for such students after a designated period;".
By inserting between lines 2 and 3 of page 23 the following:
"SECTION 10A. Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be issued a drivers license, school attendance requirements, and driving training requirements, is amended by striking subparagraphs (A) through (C) of paragraph (2) of subsection (a.1) and inserting in lieu thereof the following:
'(A) Has dropped out of school without graduating and has remained out of school for ten consecutive school days; (B) Has more than ten consecutive school days of unexcused absences in any semester or combination of two consecutive quarters; or (C) Has been suspended from school for:
(i) Threatening, striking, or causing bodily harm to a teacher or other school personnel; (ii) Possession or sale of drugs or alcohol on school property; or (iii) Possession or use of a weapon on school property. For purposes of this subparagraph, the term "weapon" shall be defined in accordance with Code Section 16-11-127.1 but shall not include any part of an archeological or cultural exhibit brought to school in connection with a school project; or (iv) Any sexual offense prohibited under Chapter 6 of Title 16. Notwithstanding other provisions of this paragraph, the instruction permit or drivers license of a student suspended pursuant to this division shall not be reinstated until six months after the effective date of the suspension of such permit or license by the department or for the duration of the minors suspension from school, whichever is longer.'"

The following amendment was read:

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JOURNAL OF THE HOUSE

Representative Harrell of the 54th et al. move to amend the Committee substitute to HB 1190 by striking line 14 of page 1 and inserting in lieu thereof the following:
"by social security number in violation of law; to provide for a daily break for certain students; to provide that such break shall be considered academic instruction but not a part of the Quality Core Curriculum; to provide that the break shall not be a replacement for physical education; to provide for policies of local boards; to change certain provisions regarding the".
By inserting between lines 19 and 20 of page 12 the following:
"SECTION 8. Said title is further amended by inserting a new Code section to be designated Code Section 20-2-323 to read as follows:
'20-2-323. (a) Each local board of education shall schedule time for all students in kindergarten and grades one through eight to have a daily break period consisting of at least 15 minutes of supervised, unstructured activity time, preferably outdoors. The break required by this Code section shall be considered as academic instruction, but the break shall not be part of the Quality Core Curriculum and shall not be subject to requirements for the Quality Core Curriculum. The break shall not be a replacement for physical education or structured physical activity. (b) Local boards of education shall establish policies to ensure that the break is a safe experience for students, that recess is scheduled so that it provides a break during academic learning, and that recess is not used as reward or punishment on a regular basis.'"
By renumbering Sections 8 through 12 as Sections 9 through 13, respectively.

The following amendment was read:

Representatives Walker of the 71st, Post 1 and Brown of the 89th move to amend the Harrell amendment to HB 1190 as follows:
Page 1, line 14, strike "shall" add "may"
Page 1, line 16, strike "required" add "allowed"
Page 1, line 21, strike "shall" add "may".

WEDNESDAY, MARCH 17, 2004

2223

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

Y Sholar N Sims Y Sinkfield N 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 N Stephenson N Stokes Y Stoner Y Teilhet Y Teper N Thomas Morgan Y Thomas, A.M N Thompson N Walker, L Y Walker, R.L E Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 128, nays 47. The amendment was adopted.

The Harrell amendment, as amended, was adopted.

The Committee substitute, as amended, was adopted.

2224

JOURNAL OF THE HOUSE

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

On the passage of the Bill, by substitute, as amended, 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 Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y 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 Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y 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 N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 E Warren Y Watson 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, as amended, the ayes were 175, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

WEDNESDAY, MARCH 17, 2004

2225

HB 1709. By Representatives Channell of the 77th, Parrish of the 102nd, Shaw of the 143rd, Orrock of the 51st and Parham of the 94th:
A BILL to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide that nursing homes annually offer an influenza virus vaccine to all medicare and Medicaid eligible patients and private pay patients in their facilities; 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 Y Barnes Y Beasley-Teague
Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach
Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y 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 Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree
Henson Y Hill, C

Y 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
Joyce Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall McClinton Y Millar Y Mills

Y Mitchell Y 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 Y 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 Roberts, J Y Roberts, L Y Rogers, C
Rogers, Ch. Y Royal Y Rynders Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 E Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

2226

JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 167, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Rogers of the 15th 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.

HB 1414. By Representatives Bannister of the 70th, Post 1, Parsons of the 29th, Mitchell of the 61st, Post 3, Heard of the 70th, Post 3, Massey of the 24th and others:
A BILL to amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to the use of proceeds from the special purpose 1 percent sales and use tax, so as to require annual publication of certain audit information; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special purpose 1 percent sales and use tax, so as to require annual publication of certain information regarding collection and expenditure of the proceeds of such tax; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special purpose 1 percent sales and use tax, is amended by adding a new Code section at the end thereof, to be designated Code Section 48-8-122, to read as follows:
"48-8-122. The governing authority of the county and the governing authority of each municipality receiving any proceeds from the tax under this part pursuant to a contract with the county shall maintain a record of each and every project for which the proceeds of the tax are used. Not later than December 31 of each year, the governing authority of each local government receiving any proceeds from the tax under this part shall publish

WEDNESDAY, MARCH 17, 2004

2227

annually, in a newspaper of general circulation in the boundaries of such local government, a simple, nontechnical report which shows for each project or purpose in the resolution or ordinance calling for imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. In the case of road, street, and bridge purposes, such information shall be in the form of a consolidated schedule of the total original estimated cost, the total current estimated cost if it is not the original estimated cost, and the total amounts expended in prior years and the current year for all such projects and not a separate enumeration of such information with respect to each such individual road, street, or bridge project. The report shall also include a statement of what corrective action the local government intends to implement with respect to each project which is underfunded or behind schedule and a statement of any surplus funds which have not been expended for a project or purpose."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Jamieson of the 22nd, Bannister of the 70th, Post 1 and Reece of the 21st was read and adopted:

A BILL
To amend Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special purpose 1 percent sales and use tax, so as to require annual publication of certain information regarding collection and expenditure of the proceeds of such tax; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special purpose 1 percent sales and use tax, is amended by adding a new Code section at the end thereof, to be designated Code Section 48-8-122, to read as follows:
"48-8-122. The governing authority of the county and the governing authority of each municipality

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JOURNAL OF THE HOUSE

receiving any proceeds from the tax under this part shall maintain a record of each and every project for which the proceeds of the tax are used. Not later than December 31 of each year, the governing authority of each local government receiving any proceeds from the tax under this part shall publish annually, in a newspaper of general circulation in the boundaries of such local government, a simple, nontechnical report which shows for each project or purpose in the resolution or ordinance calling for imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. In the case of road, street, and bridge purposes, such information shall be in the form of a consolidated schedule of the total original estimated cost, the total current estimated cost if it is not the original estimated cost, and the total amounts expended in prior years and the current year for all such projects and not a separate enumeration of such information with respect to each such individual road, street, or bridge project. The report shall also include a statement of what corrective action the local government intends to implement with respect to each project which is underfunded or behind schedule and a statement of any surplus funds which have not been expended for a project or purpose."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

On the passage of the Bill, 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
Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming

Y 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 Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham

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

Y Brock Y Brooks
Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, MARCH 17, 2004

Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin
Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

2229
Stephenson Stokes Stoner Y Teilhet Y Teper Y Thomas Morgan Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson 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 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 Senate:
SB 550. By Senators Kemp of the 46th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state minimum standard codes for construction, so as to change the state minimum standard codes for construction; to revise definitions; to delete obsolete provisions; to revise provisions in accordance with new codes; to make editorial changes; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

SB 588. By Senators Mullis of the 53rd, Johnson of the 1st, Smith of the 52nd, Thomas of the 54th, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the state flag and the protection of public monuments honoring the military, so as to provide for the protection of privately owned monuments honoring past or present military personnel; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 760. By Senators Kemp of the 46th, Zamarripa of the 36th, Tate of the 38th and Hamrick of the 30th:
A RESOLUTION creating the Joint Early Learning Initiative Commission; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 1676. By Representatives Howell of the 92nd, Lunsford of the 85th, Post 2, Yates of the 85th, Post 1 and Jenkins of the 93rd:
A RESOLUTION recognizing Patricia S. Fletcher on her retirement and commending her on 28 years of service to the youth of Butts County and of the State of Georgia; and for other purposes.

HR 1677. By Representatives Coleman of the 118th, Porter of the 119th, Golick of the 34th, Post 3, Parrish of the 102nd, Channell of the 77th and others:
A RESOLUTION recognizing and commending the Home Depot on the occasion of its 25th anniversary and inviting Mr. Bob Nardelli to appear before the House of Representatives; and for other purposes.

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

WEDNESDAY, MARCH 17, 2004

2231

HB 1558. By Representatives Lane of the 101st, Barnard of the 121st, Post 1 and Elrod of the 25th:
A BILL to amend Code Section 27-3-17 of the Official Code of Georgia Annotated, relating to hunting deer with dogs, seasons, and permit requirements, so as to change certain provisions relating to permit requirements, types, applications, and fees; to provide for the effective date of certain administrative action against any permit; 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
Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black N Boggs Y Bordeaux Y Borders N Bridges Y Brock N Brooks Y Broome N Brown E Bruce Y Buck N Buckner, D Y Buckner, G N Bunn Y Burkhalter Y Burmeister N Butler Y Campbell Y Casas
Chambers Y Channell Y Childers Y Coan Y Coleman, B N Cooper Y Crawford Y Cummings

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

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

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

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

2232

JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 112, nays 47. The Bill, having received the requisite constitutional majority, was passed.

Representative Thompson of the 69th, Post 1 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 Noel of the 44th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR WEDNESDAY, MARCH 17, 2004

Mr. Speaker and Members of the House:
Your Committee on Rules has met and submits the following supplemental to the calendar already adopted this March 17, 2004, by adding the following:

HB 557 HB 1259
HB 1568 HB 1580 HB 1653 HB 1656 HB 1743 HB 1775

Judicial Retirement; certain creditable service Family violence and stalking offenses; persons convicted; publication of photo Community service boards; retirees; prohibit re-employment; exception Foster Parents Bill of Rights; enact Georgia Commission on the Hard of Hearing; create Ad valorem tax; motor vehicles; exempt Medal of Honor recipients License plates; state and local government vehicles; permanent plates Income tax credit; certain motion picture production investments

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

WEDNESDAY, MARCH 17, 2004

2233

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1775. By Representatives Parrish of the 102nd, Royal of the 140th, Teper of the 42nd, Post 1, Wix of the 33rd, Post 1, Stephens of the 123rd and others:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits for certain motion picture production investments; 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 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 Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan

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

Y 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
Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders

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 Y 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 E Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E

2234
Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Heckstall Y Hembree Y Henson N Hill, C

Y McCall Y McClinton Y Millar Y Mills

Sailor Y Scott Y Shaw Y Sheldon

Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 172, nays 2. The Bill, having received the requisite constitutional majority, was passed.

Representative Smyre of the 111th assumed the chair.

HB 1258. By Representatives Ehrhart of the 28th and Bannister of the 70th, Post 1:
A BILL to amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, the "Georgia Minimum Wage Law," so as to preempt certain wage and employment benefit mandates by local government entities; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, the "Georgia Minimum Wage Law," so as to preempt certain wage and employment benefit mandates by local government entities; to define certain terms; to provide legislative findings and declarations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds and declares that:
(1) Economic stability and growth are among the most important factors affecting the general welfare of the people of this state, and that economic stability and growth are therefore among the most important matters for which the General Assembly is responsible; (2) Mandated wage rates and employment benefits comprise a major cost component for private enterprises and are among the chief factors affecting the economic stability and growth of this state;

WEDNESDAY, MARCH 17, 2004

2235

(3) Local variations in mandated wage rates and employment benefits threaten many businesses with a loss of employees to areas which require higher mandated wage rates and employment benefits, threaten many other businesses with the loss of patrons to areas which allow lower mandated wage rates and employment benefits, and are therefore detrimental to the business environment of the state and to the citizens, businesses, and governments of the various political subdivisions as well as local labor markets; (4) In order for businesses to remain competitive and yet attract and retain the highest possible caliber of employees, private enterprises in this state must be allowed to function in a uniform environment with respect to mandated wage rates and employment benefits; and (5) Legislated wage and employment benefit disparity between local government entities of this state creates an anticompetitive marketplace that fosters job and business relocation.
SECTION 2. Chapter 4 of Title 34 of the Official Code of Georgia Annotated, the "Georgia Minimum Wage Law," is amended by adding a new Code section to read as follows:
"34-4-3.1. (a) As used in this Code section, the term:
(1) 'Employee' means any individual employed by an employer. (2) 'Employer' means any person or entity that employs one or more employees. (3) 'Employment benefits' means anything of value that an employee may receive from an employer in addition to wages and salary. This term includes, but is not limited to, any health benefits, disability benefits, death benefits, group accidental death and dismemberment benefits, paid days off for holidays, sick leave, vacation, and personal necessity, retirement benefits, and profit-sharing benefits. (4) 'Local government entity' means a county, municipal corporation, consolidated government, authority, board of education, or other local public board, body, or commission. (5) 'Person' means an individual, partnership, association, corporation, business trust, legal representative, or any other organized group of persons. (6) 'Wage or employment benefit mandate' means any requirement adopted by a local government entity which requires an employer to pay any or all of its employees a wage rate or provide employment benefits not otherwise required under this Code or federal law. (b)(1) Any and all wage or employment benefit mandates adopted by any local government entity are hereby preempted. (2) No local government entity may adopt, maintain, or enforce by charter, ordinance, purchase agreement, contract, regulation, rule, or resolution, either directly or indirectly, a wage or employment benefit mandate. (3) Any local government entity may offer its own employees employment benefits."

2236

JOURNAL OF THE HOUSE

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Orrock of the 51st et al. move to amend the Committee substitute to HB 1258 by inserting on page 2, line 26 after "preempted"
"unless such mandate is enacted by a two-thirds vote of the local government entity's legal governing body".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

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

N Channell Y Childers N Coan N Coleman, B N Cooper N Crawford N Cummings

WEDNESDAY, MARCH 17, 2004

N Heard, J Y Heard, K N Heath N Heckstall N Hembree Y Henson N Hill, C

N Massey N Maxwell Y McBee N McCall N McClinton N Millar N Mills

N Rogers, Ch. N Royal N Rynders
Sailor N Scott N Shaw N Sheldon

2237
N Willard N Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 49, nays 118. The amendment was lost.

The following amendment was read:

Representative Orrock of the 51st et al. move to amend the Committee substitute to HB 1258 by inserting on page 2, line 33 after "approval"
"and shall expire on December 31, 2005".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

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

2238
N Burmeister N Butler N Campbell N Casas N Chambers N Channell Y Childers N Coan N Coleman, B N Cooper N Crawford N Cummings

JOURNAL OF THE HOUSE

Y Greene-Johnson N Hanner N Harbin N Harper Y Harrell N Heard, J
Heard, K N Heath N Heckstall N Hembree Y Henson N Hill, C

N Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee N McCall N McClinton
Millar N Mills

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

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

On the adoption of the amendment, the ayes were 47, nays 116. The amendment was lost.

The following amendment was read:

Representative Orrock of the 51st et al. move to amend the Committee substitute to HB 1258 by inserting on page 2, line 9 after "employer"
"in the airline industry and any of their contractors and subcontractors"
and insert on page 2, line 10 after "employees"
"in the airline industry and any of their contractors and subcontractors".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson N Ashe N Bannister
Barnard N Barnes
Beasley-Teague Y Benfield N Birdsong Y Black N Boggs N Bordeaux N Borders N Bridges

N Day Y Dean N Deloach Y Dix N Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming

N Hill, C.A N Hill, V N Hines Y Holmes N Houston N Howard Y Howell N Hudson
Hugley Y Jackson N James N Jamieson N Jenkins, C N Jenkins, C.F

Y Mitchell Y Mobley Y Moraitakis N Morris Y Mosby
Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock N Parham

N Sholar Sims
Y Sinkfield N Skipper N Smith, B N Smith, L N Smith, P
Smith, T N Smith, V
Smyre N Snow Y Stanley-Turner N Stephens, E N Stephens, R

N Brock Y Brooks N Broome N Brown E Bruce N Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers N Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

WEDNESDAY, MARCH 17, 2004

N Floyd, H N Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T N Greene Y Greene-Johnson N Hanner N Harbin N Harper Y Harrell N Heard, J N Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

N Jones N Jordan N Joyce N Keen N Knox N Lane N Lewis N Lord
Lucas N Lunsford Y Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee N McCall N McClinton N Millar N Mills

N Parrish N Parsons N Porter N Powell N Purcell N Ralston Y Randall N Ray N Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L N Rogers, C N Rogers, Ch. N Royal N Rynders
Sailor N Scott N Shaw N Sheldon

2239
Y Stephenson Stokes
Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson N Walker, L N Walker, R.L E Warren N Watson N Westmoreland N White N Wilkinson N Willard N Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 48, nays 119. The amendment was lost.

The Committee substitute was adopted.

The 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 N Anderson N Ashe Y Bannister
Barnard Y Barnes N Beasley-Teague N Benfield Y Birdsong Y Black N Boggs N Bordeaux Y Borders

Y Day N Dean Y Deloach
Dix Y Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart Y Elrod N Epps

Y Hill, C.A N Hill, V Y Hines N Holmes Y Houston N Howard Y Howell Y Hudson
Hugley N Jackson N James Y Jamieson Y Jenkins, C

N Mitchell N Mobley N Moraitakis Y Morris N Mosby
Mosley Y Murphy, J N Murphy, Q N Noel Y Oliver, B N Oliver, M Y O'Neal N Orrock

Y Sholar Y Sims N Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P N Smith, T Y Smith, V
Smyre Y Snow N Stanley-Turner N Stephens, E

2240
Y Bridges Y Brock N Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford N Cummings

JOURNAL OF THE HOUSE

Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T Y Greene N Greene-Johnson Y Hanner Y Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath N Heckstall Y Hembree N Henson Y Hill, C

Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell N McBee Y McCall N McClinton Y Millar Y Mills

Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

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

On the passage of the Bill, by substitute, the ayes were 111, nays 57.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Howell of the 92nd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Lucas of the 105th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representatives Boggs of the 145th and Maddox of the 59th, Post 2 stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

WEDNESDAY, MARCH 17, 2004

2241

HB 1704. By Representatives Shaw of the 143rd, Channell of the 77th and Parham of the 94th:
A BILL to amend Code Section 31-5A-4 of the Official Code of Georgia Annotated, relating to powers, duties, functions, and responsibilities of the Department of Community Health, so as to provide for annual reports on the fiscal condition of the state program of health services for individuals pursuant to Title XIX of the Social Security Act; and for other purposes.

An amendment by Representative Scott of the 138th was ruled not germane.

The following amendment was read:

Representative Brown of the 89th moved to amend HB 1704 as follows: P 2 lines 5 - 11 strike.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

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

2242
Y Butler Y Campbell Y Casas Y Chambers N Channell N Childers Y Coan Y Coleman, B Y Cooper N Crawford N Cummings

JOURNAL OF THE HOUSE

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

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

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

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

On the adoption of the amendment, the ayes were 60, nays 108. The amendment was lost.

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

On the passage of the Bill, 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 N Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell N Casas Y Chambers Y Channell

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming
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 Y Harbin Y Harper Y Harrell Y Heard, J

Y 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 Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning
Marin Martin Y Massey

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

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

Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, MARCH 17, 2004

Y Heard, K N Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Maxwell Y McBee Y McCall Y McClinton
Millar Y Mills

Y Royal Y Rynders
Sailor N Scott Y Shaw N Sheldon

2243
Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 161, nays 10. The Bill, having received the requisite constitutional majority, was passed.

House of Representatives Legislative Office Building, Room 501
Atlanta, Georgia 30334

MINORITY REPORT
House Bill 1704 (Filed by Rep. Jeff Brown, District 89)
In accordance with House Rule 55, I am filing a minority report on the above Bill.
On March 10, 2004, the House Health and Human Services Committee voted out this Bill and I was the only NAY vote.
Given yearly cost overruns of the Medicaid budget, the extensive RFI process, the soon to be launched RFP process, a Commissioner who must report to a Board and to the Governor this bill appears unnecessarily restrictive. Further, it could delay by one year very needed reforms. Finally, the House has had years to exercise cost containment and has done little.
I reserve the right to speak against this Bill for the 20 minutes provided in rule 55.
/s/ Jeffery W. Brown Rep. Jeff Brown, District 89 March 11, 2004

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:

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JOURNAL OF THE HOUSE

SB 144. By Senators Crotts of the 17th, Smith of the 52nd, Brush of the 24th, Kemp of the 46th, Tolleson of the 18th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to transfer certain functions relative to the filing of campaign contribution disclosure reports from the Secretary of State to the State Ethics Commission; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 550. By Senators Kemp of the 46th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state minimum standard codes for construction, so as to change the state minimum standard codes for construction; to revise definitions; to delete obsolete provisions; to revise provisions in accordance with new codes; to make editorial changes; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

SB 588. By Senators Mullis of the 53rd, Johnson of the 1st, Smith of the 52nd, Thomas of the 54th, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the state flag and the protection of public monuments honoring the military, so as to provide for the protection of privately owned monuments honoring past or present military personnel; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Rules.

SR 760. By Senators Kemp of the 46th, Zamarripa of the 36th, Tate of the 38th and Hamrick of the 30th:

WEDNESDAY, MARCH 17, 2004

2245

A RESOLUTION creating the Joint Early Learning Initiative Commission; and for other purposes.

Referred to the Committee on Education.

SR 850. By Senators Hamrick of the 30th, Kemp of the 46th and Brush of the 24th:
A RESOLUTION urging the State Superintendent of Schools and the State Board of Education to study the issue of developing and implementing a standard grading system for Georgia's K-12 public education system; and for other purposes.

Referred to the Committee on Education.

SR 866. By Senator Mullis of the 53rd:
A RESOLUTION dedicating a portion of the Battlefield Parkway in Catoosa County to the memory of Baxter Shavers; and for other purposes.

Referred to the Committee on Transportation.

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 Senate:
SB 350. By Senators Lamutt of the 21st, Zamarripa of the 36th, Shafer of the 48th and Stephens of the 51st:
A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide definitions; to provide for confirmation and expedited processing of claims filed by electronic means by providers; to establish mechanics for the processing of health care claims submitted by

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JOURNAL OF THE HOUSE

providers; to establish standards for the processing of health care claims submitted by providers to health care insurers; to provide for the reporting of health care insurer compliance with such standards; to provide for fines against health insurers who fail to meet standards of timely payment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
SB 487. By Senators Hudgens of the 47th, Kemp of the 46th, Hall of the 22nd, Meyer von Bremen of the 12th and Lee of the 29th:
A BILL to be entitled an Act to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions regarding penal institutions, so as to change certain provisions relating to the home arrest program; to authorize additional types of supervision; to authorize home arrest for pretrial arrestees; to change the qualifications for home arrest programs; to repeal conflicting laws; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 1746. By Representative Skipper of the 116th:
A BILL to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to emergency telephone number "911" systems, so as to provide for the imposition and collection of monthly "911" charges for additional periods in those jurisdictions in which the local governing bodies have created a joint authority or which have executed an intergovernmental contract for emergency "911" services; 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
Barnard

Y Day Dean
Y Deloach Y Dix Y Dodson

Y Hill, C.A Y Hill, V Y Hines Y Holmes
Houston

Y Mitchell Y Mobley Y Moraitakis
Morris Y Mosby

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

WEDNESDAY, MARCH 17, 2004

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 Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler
Campbell Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

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

Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

2247
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson 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, the ayes were 158, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 762. By Representatives Floyd of the 69th, Post 2, Marin of the 66th, Thomas Morgan of the 33rd, Post 2 and Thompson of the 69th, Post 1:
A BILL to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to change certain provisions relating to removal of trade fixtures during term and when property is abandoned; to change certain provisions relating to judgment, writ of possession, landlord's liability for wrongful conduct, and distribution of funds paid into court; and for other purposes.

The following Committee substitute was read:

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A BILL
To amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to change certain provisions relating to judgment, writ of possession, landlords liability for wrongful conduct, and distribution of funds paid into court; to provide for removal of a tenant or the tenants personal property under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, is amended in Code Section 44-7-55, relating to judgment, writ of possession, landlords liability for wrongful conduct, and distribution of funds paid into court, by inserting at the end thereof a new subsection (c) to read as follows:
"(c) Any writ of possession issued pursuant to this article shall authorize the removal of the tenant or his or her personal property or both from the premises and permit the placement of such personal property on some portion of the landlords property or on other property as may be approved by the executing officer; provided, however, that the landlord shall not be a bailee of such personal property and shall owe no duty to the tenant regarding such personal property. After execution of the writ, such property shall be regarded as abandoned."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Sinkfield of the 50th and Thomas of the 43rd, Post 1 move to amend the Committee substitute to HB 762 by striking line 15 of page 1 and inserting in lieu thereof the following:
"property as may be approved by the executing officer so long as such other property is not public property or the public right of way; provided, however that the landlord".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Amerson Y Anderson Y Ashe

N Day Dean
N Deloach

N Hill, C.A N Hill, V N Hines

Y Mitchell Y Mobley N Moraitakis

N Sholar N Sims Y Sinkfield

WEDNESDAY, MARCH 17, 2004

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

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

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

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

2249
Skipper N Smith, B N Smith, L N Smith, P N Smith, T N Smith, V
Smyre N Snow Y Stanley-Turner N Stephens, E N Stephens, R Y Stephenson N Stokes N Stoner N Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M N Thompson N Walker, L N Walker, R.L E Warren N Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A N Williams, E N Williams, R N Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 29, nays 133. The amendment was lost.

The Committee substitute was adopted.

The 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 Day Dean

Y Hill, C.A Y Hill, V

Y Mitchell Y Mobley

Y Sholar Y Sims

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JOURNAL OF THE HOUSE

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

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

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 Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

Y Sinkfield Skipper
Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 E Warren Y Watson 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 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Mangham of the 62nd 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.

HR 1420. By Representatives Childers of the 13th, Post 1, Dodson of the 84th, Post 1, Skipper of the 116th, Smyre of the 111th, Buck of the 112th and others:

WEDNESDAY, MARCH 17, 2004

2251

A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may by general law provide a trust fund for the purpose of paying hospitals for uncompensated trauma care to victims of severe injury or trauma and make all provisions relating to such fund; to provide that the General Assembly may provide for a source of funding specifically designated for such fund, and that such fund shall not be subject to the lapsing provisions of the Constitution; and for other purposes.

The following amendment was read:

Representative Childers of the 13th, Post 1 et al. move to amend HR 1420 by striking lines 1 through 4 of page 1 and inserting in lieu thereof the following:

"Proposing an amendment to the Constitution so as to establish the Trauma Care Reimbursement Trust Fund; to provide that the General Assembly shall by general law provide for such trust fund for the purpose of paying hospitals for unreimbursed trauma care to victims of severe injury or trauma and make all provisions relating to such fund; to provide for an additional tax on the sale of diesel fuel; to provide that the General Assembly may provide for additional sources of funding specifically".

By striking lines 12 through 17 of page 1 and inserting in lieu thereof the following:

"'(n) There is established the Trauma Care Reimbursement Trust Fund. The General Assembly shall provide by general law for such trust fund for the purpose of paying hospitals for unreimbursed trauma care provided to victims of severe injury or trauma and to make such provisions as the General Assembly deems necessary and appropriate governing the operation and administration of such fund. There is imposed in addition to all other taxes a $0.01 tax on each gallon of diesel fuel sold in this state, with the revenue from the collection of such tax paid into the Trauma Care Reimbursement Trust Fund. Notwithstanding the provisions of subparagraph (a) of this Paragraph, the General Assembly is authorized to designate one or more additional sources of revenue to be paid into the fund. Moneys paid into the".

By striking the ballot language on lines 1 through 3 of page 2 and inserting in lieu thereof the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to establish the Trauma Care Reimbursement Trust Fund to pay hospitals for unreimbursed trauma care to victims of severe injury or trauma and to impose a tax on the sale of diesel fuel to be paid into such fund?"

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JOURNAL OF THE HOUSE

The following amendment was read and adopted:

Representative Childers of the 13th, Post 1 moves to amend the Childers amendment to HR 1420 as follows:
By adding $0.01 after the word "a" on line 25 page 1.

Pursuant to Rule 134, Representative Royal of the 140th was excused from voting on HR 1420.

On the adoption of the Childers amendment, as amended, the roll call was ordered and the vote was as follows:

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

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

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

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

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

WEDNESDAY, MARCH 17, 2004

2253

On the adoption of the amendment, as amended, the ayes were 47, nays 113. The amendment was lost.

Representatives Shaw of the 143rd and Stephens of the 123rd stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister N 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 Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell N Casas N Chambers Y Channell Y Childers Y Coan
Coleman, B Y Cooper Y Crawford Y Cummings

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

Y 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
Jones Y Jordan Y Joyce Y Keen Y Knox
Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor N Scott Y Shaw Y Sheldon

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

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JOURNAL OF THE HOUSE

On the adoption of the Resolution, the ayes were 163, nays 6. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Mangham of the 62nd 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.

HB 1424. By Representatives Mobley of the 58th, Brooks of the 47th, Williams of the 128th, Drenner of the 57th, Beasley-Teague of the 48th, Post 2 and others:
A BILL to amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to protection of computer systems, so as to prohibit the transmission of unsolicited bulk e-mail; to provide penalties for violations; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to protection of computer systems, so as to prohibit the transmission of unsolicited commercial e-mail with false or forged transmission information or other routing information; to provide definitions; to provide penalties for violations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to protection of computer systems, is amended by adding a new Code section to read as follows:
"16-9-93.2. (a) As used in this Code section, the term 'commercial e-mail' means e-mail that advertises real property, goods, or services for sale or lease. The term does not include e-mail to which an interactive service provider has attached an advertisement in exchange for free use of an e-mail account. (b) Any person who:

WEDNESDAY, MARCH 17, 2004

2255

(1) Uses a computer or computer network with the intent to falsify or forge e-mail transmission information or other routing information in any manner in connection with the transmission of unsolicited commercial e-mail through or into the computer network of an e-mail service provider or its subscribers; or (2) Knowingly sells, gives, or otherwise distributes or possesses with the intent to sell, give, or distribute software that:
(A) Is primarily designed or produced for the purpose of facilitating or enabling the falsification of e-mail transmission information or other routing information; (B) Has only limited commercially significant purpose or use other than to facilitate or enable the falsification of e-mail transmission information or other routing information; or (C) Is marketed by that person acting alone or with another for use in facilitating or enabling the falsification of e-mail transmission information or other routing information is guilty of a misdemeanor punishable by a fine of $1,000.00 or imprisonment not to exceed six months or both such fine and imprisonment. (c) A person is guilty of a felony, punishable by up to five years imprisonment or a fine not to exceed $30,000.00 or both such fine and imprisonment, if he or she commits a second or subsequent violation of subsection (b) of this Code section and: (1) The volume of unsolicited commercial e-mail transmitted exceeded 10,000 attempted recipients in any 24 hour period, 100,000 attempted recipients in any 30 day time period, or one million attempted recipients in any one-year time period; or (2) The revenue generated from a specific unsolicited commercial e-mail transmission exceeded $1,000.00 or the total revenue generated from all unsolicited commercial e-mail transmitted to any e-mail service provider exceeded $50,000.00. (d) A person is guilty of a felony, punishable by up to two years imprisonment or a fine not to exceed $10,000.00 or both such fine and imprisonment, if he or she knowingly hires, employs, uses, or permits any minor to assist in the transmission of unsolicited commercial e-mail in violation of paragraph (1) or (2) of subsection (c) of this Code section."
SECTION 2. This Act shall become effective on July 1, 2004.
SECTION 3. 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:

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JOURNAL OF THE HOUSE

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

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

Y 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
Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q
Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson
Walker, L Y Walker, R.L E Warren Y Watson Y Westmoreland Y White Y Wilkinson
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 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Mangham of the 62nd 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.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

WEDNESDAY, MARCH 17, 2004

2257

SB 350. By Senators Lamutt of the 21st, Zamarripa of the 36th, Shafer of the 48th and Stephens of the 51st:
A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide definitions; to provide for confirmation and expedited processing of claims filed by electronic means by providers; to establish mechanics for the processing of health care claims submitted by providers; to establish standards for the processing of health care claims submitted by providers to health care insurers; to provide for the reporting of health care insurer compliance with such standards; to provide for fines against health insurers who fail to meet standards of timely payment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

SB 487. By Senators Hudgens of the 47th, Kemp of the 46th, Hall of the 22nd, Meyer von Bremen of the 12th and Lee of the 29th:
A BILL to be entitled an Act to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions regarding penal institutions, so as to change certain provisions relating to the home arrest program; to authorize additional types of supervision; to authorize home arrest for pretrial arrestees; to change the qualifications for home arrest programs; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1047. By Representatives Hudson of the 95th, Purcell of the 122nd, McBee of the 74th, Houston of the 139th, Morris of the 120th and others:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate the practice of soil science; to provide for a short title; to provide for legislative purpose; to

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define certain terms; to provide for inapplicability; to provide for the State Board of Registration for Professional Soil Scientists; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate the practice of soil science; to provide for a short title; to provide for legislative purpose; to define certain terms; to provide for inapplicability; to provide for the State Licensing Board for Professional Soil Scientists; to provide for board powers and duties; to provide for certain records; to provide for filing and service of documents; to provide for applications; to provide for eligibility; to provide for licensing; to provide for refusal and discipline; to provide for seals; to provide for a code of professional conduct; to provide for charges of violations; to require utilization of licensees by government entities; to provide for a legal adviser; to provide for exemptions; to make certain acts unlawful; to provide punishment for violations; to provide a provisional effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by inserting a new chapter to read as follows:
"CHAPTER 43B
43-43B-1. This chapter shall be known and may be cited as the 'Soil Scientists Licensing Act of 2004.'
43-43B-2. The purpose of this chapter is to protect life, property, health, and public welfare through regulation of the practice of soil science in the state; to define the practice of soil science as a profession by establishing minimum standards of ethical conduct and professional responsibility and by establishing professional education and experience requirements; and to prevent abuses in the practice of soil science by untrained or unprincipled individuals. This action recommends itself through benefits to the people of this state and promotion of the public welfare. These benefits are in the field of soil science as related to on-site disposal of domestic waste water (septic systems), land treatment of various waste waters, byproducts, and residual solids on land,

WEDNESDAY, MARCH 17, 2004

2259

bioremediation, erosion and sedimentation, soil productivity, protection of surface and ground water, identification of wetlands and unique natural resources, and other soil matters of concern to the people of the state.
43-43B-3. As used in this chapter, the term:
(1) 'Board' means the State Licensing Board for Professional Soil Scientists. (2) 'License' means a certificate issued by the board to an individual who satisfies the requirements established for a licensed soil scientist under this chapter and the rules and regulations adopted pursuant to this chapter. (3) 'Licensed soil scientist' means a person who is licensed as a soil scientist under this chapter. (4) 'Public practice of soil science' means any service or work, the adequate performance of which requires education in the physical, chemical, and biological sciences, as well as soil science; training and experience in the application of special knowledge of these sciences to the use and management of soils by accepted principles and methods; investigation, evaluation, and consultation in the use and management of soils; and in which the performance is related to the public welfare by safeguarding life, health, property, and the environment. The term includes, but is not limited to, investigating and evaluating the interaction between water, soil, nutrients, plants, and other living organisms that are used to prepare soil scientists reports for subsurface ground absorption systems, including infiltration galleries; land application of residuals such as sludge, septage, and other wastes; spray irrigation of waste water; soil remediation at conventional rates; land application of agricultural products and processing residues; bioremediation and volatilization; soil erodibility and sedimentation; and identification of hydric soil and redoximorphic features. (5) 'Responsible charge of work' means the independent control and direction, by the use of initiative, skill, and independent judgment, of soil science work or the supervision of such work. (6) 'Soil' means the unconsolidated mineral or organic matter on the surface of the earth that has been subjected to and influenced by genetic and environmental factors of parent material, climate (including water and temperature effects), microorganisms, and topography, all acting over time and producing a product that differs from the material from which it is derived in many physical, chemical, biological, and morphological properties and characteristics. (7) 'Soil science' means the science dealing with soils as an environmental resource. Soil science includes soil characterization, classification, and mapping; the physical, chemical, hydrologic, mineralogical, biological, and microbiological analysis of soil; and the assessment, analysis, modeling, testing, evaluation, and use of soil for the benefit of mankind. Soil science does not include design or creative works, the adequate performance of which requires extensive geological, engineering, land surveying, forestry, or landscape architecture education, training, and experience or requires registration as a geologist under Chapter 19 of this title, professional engineer

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or land surveyor under Chapter 15 of this title, or forester under Part 2 of Article 1 of Chapter 6 of Title 12 or licensing as a landscape architect under Chapter 23 of this title. (8) 'Soil scientist-in-training' means a person who has passed the examination and satisfied all other requirements for licensure under this chapter except for the professional work experience requirement. (9) 'Subordinate' means any person who assists a licensed soil scientist in the practice of soil science without assuming the responsible charge of work.
43-43B-4. This chapter does not apply to the following individuals:
(1) An officer or employee of: (A) The federal government; (B) The state government; or (C) Any local government
while such officer or employee is providing soil science services for the officers or employees employer; (2) An individual engaged solely in soil science research or the instruction of soil science; (3) An individual not engaged in the public practice of soil science; (4) A professional engineer registered under Chapter 15 of this title who applies soil science to the practice of engineering; (5) A professional geologist registered under Chapter 19 of this title who applies soil science to the practice of geology; (6) A professional forester registered under Part 2 of Article 1 of Chapter 6 of Title 12 who applies soil science to the practice of forestry; (7) A person who is a certified professional in erosion and sediment control (CPESC) or soil conservationist who uses soil science in making land use decisions for the conservation of soil and water resources; (8) A professional wetlands specialist who applies soil science to make wetland delineations or determinations; or (9) A person who conducts soil sampling solely for the purpose of determining plant nutrient and lime application rates for gardening and agricultural purposes.
43-43B-5. (a) The State Licensing Board for Professional Soil Scientists is created, whose duty it shall be to administer this chapter. The board shall be comprised of:
(1) Five members who shall be eligible for licensure under this chapter and who on and after July 1 of the year following the effective date of this chapter shall be soil scientists licensed under this chapter, one of whom shall be an academic soil scientist, one a governmental soil scientist, one a salaried company soil scientist, one an independent or consultant soil scientist, and one a soil scientist at large;

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(2) A sixth member who shall be appointed from the public at large and who shall have no connection whatsoever with the practice of professional soil science; and (3) The commissioner of human resources, ex officio, or his or her designated agent. (b) The members of the board provided for in paragraphs (1) and (2) of subsection (a) of this Code section shall be appointed by the Governor, subject to approval as to qualifications by the Secretary of State and confirmation by the Senate, for terms of five years and until their successors are appointed and qualified. On the expiration of the term of any member, the members successor shall be appointed in the same manner as regular appointments. (c) Each member of the board shall be a citizen of the United States and a resident of the State of Georgia. (d) No person shall serve as a member of the board for more than one consecutive fiveyear term. (e) The Governor may remove any member of the board pursuant to the authority of Code Section 43-1-17. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the Governor as provided for in this chapter. (f) The members of the board shall, before entering upon the discharge of their duty, subscribe to and file with the office of the Governor the required oath of office, whereupon the Governor shall issue to each appointee a certificate of appointment. (g) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.
43-43B-6. (a) In addition to other powers and duties specified in this chapter, the board shall:
(1) Promulgate, adopt, amend, and repeal all rules and regulations necessary for its government and for carrying this chapter into effect for the regulation of proceedings before the board. The board and all of its rules, regulations, and procedures are subject to and shall comply with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (2) Adopt and have an official seal; (3) Elect from its membership a chairperson, a vice chairperson, and any other officers deemed necessary who shall hold office for a term of one year; (4) Issue, renew, refuse to renew, deny, suspend, revoke, and reinstate licenses or otherwise discipline licensees under this chapter; (5) Initiate investigations for the purpose of discovering violations of this chapter; (6) Hold hearings on all matters properly brought before the board and, in conjunction therewith, to administer oaths, receive evidence, make necessary findings, and enter orders consistent with the findings. The board may designate one or more of its members as its hearing officer; (7) Adopt a code of professional conduct; (8) Establish and receive fees as required by this chapter; (9) Examine and determine the qualifications and fitness of applicants for licenses to practice soil science in this state;

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(10) Bring proceedings in the courts for the enforcement of this chapter or any rules or regulations promulgated pursuant to this chapter; (11) Establish reasonable standards for continuing professional education for soil scientists; provided, however, that no examination shall be required for a renewal of a license; and (12) Have such other powers and duties as are necessary to effectuate the purposes of this chapter. (b) The board shall be assigned to the office of the Secretary of State for administrative purposes, shall operate under the jurisdiction of the division director, and shall operate in accordance with and pursuant to the provisions of Chapter 1 of this title, as applicable.
43-43B-7. All appeals from a decision of the board, all documents or applications required by law to be filed with the board, and any notice or legal process to be served upon the board shall be filed with or served upon the division director at his or her office.
43-43B-8. An application for licensing as a soil scientist shall be made under oath and shall show the applicants education and a detailed summary of the applicants professional work experience as a soil scientist. The application shall be accompanied by an application fee fixed by the board.
43-43B-9. (a) To be eligible for a license as a soil scientist in this state, an applicant shall meet each of the following minimum qualifications:
(1) Be of good ethical character; (2) Hold at least a bachelors degree in science from an accredited college or university with a major in soil science or a related field of science. Such degree shall include a minimum of 30 semester hours or equivalent quarter credit hours in agricultural, biological, chemical, physical, or earth sciences, with a minimum of 15 semester credit hours or equivalent quarter credit hours in soil science courses; (3) Have at least four years of professional work experience as a soil scientist under the supervision of a licensed soil scientist or a soil scientist who is eligible for licensure under this chapter. An applicant may substitute an advanced degree in soil science for a portion of the professional work experience requirement. The board, in its discretion, may allow an applicant to substitute a masters degree in soil science for one year of professional work experience and to substitute a doctoral degree in soil science for two years of professional work experience. The board, in its discretion, may allow an applicant to substitute experience gained through teaching upper-level soil science courses at the college or university level or research in soil science for all or any portion of the professional work experience requirement if the board finds the

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teaching or research to be equivalent to the responsible charge of work by a soil scientist; and (4) Successfully pass such examinations as are established by the board and which are designed to demonstrate that the applicant has the necessary knowledge and skill to exercise the responsibilities of the public practice of soil science. (b) The board shall designate an applicant who meets all the requirements for a license under this chapter except the professional work experience requirement as a soil scientist-in-training. A soil scientist-in-training may apply for a license upon completion of the professional work experience requirement. (c)(1) The board shall waive examination requirements for licensing for an individual who, on the effective date of this chapter, is certified as a soil scientist or soil classifier by:
(A) The American Registry of Certified Professionals in Agronomy, Crops, and Soils (ARCP ACS); or (B) The Department of Human Resources. (2) Examinations shall be held at least annually. (3) The board shall determine the fee for and the scope, form, and content of the examinations provided for under this chapter. (d) A person holding a license to engage in the practice of soil science on the basis of comparable licensing requirements issued to him or her by a proper authority of another state, territory, or possession of the United States or the District of Columbia and who, in the opinion of the board, otherwise meets the requirements of this chapter based on verified evidence may be licensed upon application without further examination.
43-43B-10. (a) The board shall issue a license, upon payment of the license fee set by the board, to any applicant who, in the opinion of the board, has satisfactorily met the requirements of this chapter. (b) All licenses shall be renewable biennially at such time as may be designated by the board. All applications for renewal shall be filed with the board prior to the expiration date, accompanied by the renewal fee prescribed by the board. A license which has expired for failure to renew may only be reinstated after application and payment of the prescribed reinstatement fee within six months of the expiration date, provided that the applicant meets such requirements as the board may establish by rule. (c) A new license to replace any license that is lost, destroyed, or mutilated may be issued subject to the rules of the board and payment of a fee set by the board.
43-43B-11. (a) The board shall have the authority to refuse to grant a license to an applicant therefor or to revoke or suspend the license of a person licensed by the board or to otherwise discipline a person licensed by the board the same as provided in Code Section 43-1-19 for professional licensing boards.

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(b) The action by the board in granting or refusing to grant or renew a license under this chapter or in revoking or suspending or in refusing to revoke or suspend such a license may be appealed in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' to the superior court of the county of domicile of the board; provided, however, that if the findings of the board are supported by any evidence, such findings shall be accepted by the court.
43-43B-12. Each licensee under this chapter may use a seal of such design as is authorized by the board, bearing the licensees name and the legend 'Licensed Professional Soil Scientist.' All drawings, reports, or other papers or documents involving the practice of soil science, as defined in this chapter, which shall have been prepared or approved by a licensed soil scientist or a subordinate employee under his or her direction for the use of or for delivery to any person or for public record within this state shall be signed by him or her and impressed with the seal provided for in this Code section or the seal of a nonresident practicing under this chapter, either of which shall indicate his or her responsibility for them.
43-43B-13. The board shall keep a record and shall publish annually a roster showing the names, places of business, and residence addresses of all soil scientists licensed under this chapter. Copies of such roster shall be made available to the public upon request and payment of a reasonable fee, established by the board, for copying.
43-43B-14. The board shall prepare and adopt by rule a code of professional conduct that shall be made known in writing to every licensee and applicant for licensing under this chapter and shall be published by the board. Publication of the code of professional conduct shall be due notice to all licensees of its contents. The board may revise and amend such code of professional conduct. Prior to adoption of any revision or amendments, all licensed members and the public shall receive due notice and an opportunity to be heard.
43-43B-15. Any person may file written charges of violations of this chapter or any rules adopted pursuant to this chapter with the board against any licensee. Any charges or allegations shall be in writing, shall be sworn to by the person making them, and shall be filed with the board. The board shall investigate reasonably all valid complaints.
43-43B-16. On and after January 1 of the year following the effective date of this chapter, this state and its political subdivisions, such as a county, a municipality, or a legally constituted board, district, commission, or authority, shall contract for soil science services only

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with persons licensed under this chapter or with a firm employing a licensed soil scientist.
43-43B-17. (a) This chapter shall not prohibit one or more soil scientists from practicing through the medium of a sole proprietorship, partnership, limited liability company, or corporation. In a partnership, limited liability company, or corporation whose primary activity consists of soil science services, at least one partner, member, or officer shall be a licensed soil scientist. (b) This chapter shall not prevent or prohibit an individual, firm, company, association, or corporation whose principal business is other than the public practice of soil science from employing a unlicensed soil scientist to perform nonpublic soil science services necessary to the conduct of its business. (c) This chapter shall not be construed to prevent or to affect:
(1) The practice of any profession or trade for which a license is required under any other provision of this Code; (2) The practice of registered professional engineers from lawfully practicing soils mechanics, foundation engineering, and other professional engineering as provided in this title; or (3) The practice of a person who is not a resident of and has no established place of business in this state or who has recently become a resident hereof practicing or offering to practice the profession of soil science herein for more than 30 days in any calendar year if the person shall have filed with the board an application for a license and shall have paid the fee required by this chapter. Such practice shall continue only for such time as the board requires for the consideration of the applicant for licensing.
43-43B-18. (a) It shall be unlawful for any person other than a licensed soil scientist or a subordinate under the soil scientists direction and not otherwise exempt under this chapter to conduct or participate in any practice of soil science or prepare any soil science reports, maps, or documents related to the public welfare or the safeguarding of life, health, property, or the environment. (b) It shall be unlawful for any person, including a soil scientist-in-training or a subordinate, to practice, or offer to practice, soil science in this state or to use in connection with his or her name, otherwise assume, or advertise any title or description tending to convey the impression that he or she is a licensed soil scientist unless that person has been duly licensed or is exempted under the provisions of this chapter. (c) It shall be unlawful for anyone other than a licensed soil scientist to stamp or seal any soils related plans, maps, reports, or other soils related documents with the seal or stamp of a licensed soil scientist or use in any manner the title 'soil scientist' unless that person is licensed under this chapter.

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(d) It shall be unlawful for any person to affix his or her signature to, stamp, or seal any soils related plans, maps, reports, or other soils related documents after the license of the person has expired or been suspended or revoked. (e) It shall be unlawful for a licensed soil scientist to prepare plats and maps so as to engage in the practice of land surveying as defined in Code Section 43-15-2 unless the licensed soil scientist is also a registered land surveyor under Chapter 15 of this title. (f) It shall be unlawful for a licensed soil scientist to engage in the design of engineering works and systems unless the licensed soil scientist is also a registered professional engineer under Chapter 15 of this title. (g) It shall be unlawful for a licensed soil scientist to engage in the practice of geology unless the licensed soil scientist is also a registered geologist under Chapter 19 of this title. (h) Subsections (a) and (b) of this Code section shall apply only to acts committed on or after January 1 of the year following the effective date of this chapter.
43-43B-19. (a) A person who:
(1) Willfully practices soil science or offers to practice soil science for any other person in this state without being licensed and who is not otherwise exempt in accordance with the provisions of this chapter; (2) Presents or attempts to use as his or her own the license or the seal of any other soil scientist; (3) Gives any false or forged evidence in the course of applying for a license under this chapter; (4) Impersonates a licensed soil scientist; (5) Practices or attempts to practice at any time while his or her license is suspended or revoked; or (6) Commits any other act made unlawful by this chapter shall be guilty of a misdemeanor. (b) Paragraph (1) of subsection (a) of this Code section shall apply only to acts committed on or after January 1 of the year following the effective date of this chapter."
SECTION 2. This Act shall become effective only upon the effective date of an appropriation of funds for the purposes of this Act as expressed in a line item making specific reference to the full funding of this Act in an appropriations Act enacted by the General Assembly.
SECTION 3. 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.

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

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

Y 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 N Joyce Y Keen N Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton
Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 E Warren Y Watson Y Westmoreland Y White Y Wilkinson
Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 157, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Forster of the 3rd, Post 1 and Mangham of the 62nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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HB 1539. By Representative Ashe of the 42nd, Post 2:
A BILL to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing with respect to quality basic education, so as to change the manner and method of calculating certain local share funds and equalization grants; to change certain provisions regarding the determination of enrollment by institutional programs; to change certain provisions relating to local five mill share funds; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing with respect to quality basic education, so as to change the manner and method of calculating certain local share funds and equalization grants; to change certain provisions regarding the determination of enrollment by institutional programs; to change certain provisions relating to local five mill share funds; to change certain provisions regarding the calculation and allotment of state funds; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing with respect to quality basic education, is amended by striking Code Section 20-2-160, relating to determination of enrollment by institutional programs, and inserting in its place a new Code Section 20-2-160 to read as follows:
"20-2-160. (a) The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the students specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an enrichment course, except a driver education course; a course which requires participation in an extracurricular activity for which enrollment is on a

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competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in an eligible institution under the program established in Code Section 202-161.1 may be counted for the high school program for only that portion of the day that the student is attending the high school for those segments that are eligible to be counted under this subsection. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date. (b) The full-time equivalent (FTE) program count for each local school system shall be obtained in the following manner:
(1) Count the number of one-sixth segments of the school day for which each student is enrolled in each program authorized under Code Section 20-2-161; and (2) Divide the total number of segments counted for each program by six. The result is the full-time equivalent program count for each respective state recognized program. (c) For the purpose of initially determining the amount of funds to be appropriated to finance each respective program for the ensuing fiscal year, a projection of the second full-time equivalent program count shall be calculated as follows: (1) Divide the first total full-time equivalent count for the current fiscal year by the first total full-time equivalent count for the immediately preceding fiscal year; (2) Multiply the quotient obtained in paragraph (1) of this subsection by the second total full-time equivalent count for the immediately preceding fiscal year. The result shall be the projected second total full-time equivalent count for the current fiscal year;

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(3) Divide the average of the local school systems two most recent full-time equivalent program counts by the average of the two most recent total full-time equivalent counts; and (4) Multiply the quotient obtained in paragraph (3) of this subsection by the product obtained in paragraph (2) of this subsection. The result shall be the projected second full-time equivalent program count for the current fiscal year. (d) The average of the first full-time equivalent program count, weighted two parts, and the projected second full-time equivalent program count, weighted one part, shall be used to initially determine the funds needed to finance the program for the ensuing fiscal year. (e) For purposes of calculating allotments for the instructional programs identified in paragraphs (2), (4), (6), (8), and (19) of subsection (b) of Code Section 20-2-161, for which the full-time equivalent program counts provided for in subsections (a) through (d) of this Code section do not exist, the most recent full-time equivalent program count shall be used until such time as the full-time equivalent program counts provided for in subsections (a) through (d) of this Code section do exist. (f)(e) The allotments for the alternative education program shall be calculated as provided in subsection (h) of Code Section 20-2-154.1."
SECTION 2. Said part is further amended by striking Code Section 20-2-164, relating to local five mill share funds, and inserting in its place a new Code Section 20-2-164 to read as follows:
"20-2-164. (a) The State Board of Education shall calculate the amount of local five mill share funds that each local school system shall be required to spend each fiscal year to participate in the Quality Basic Education Program as follows:
(1) Unless the combined local five mill share total for all local school systems in the state, when calculated pursuant to this paragraph, exceeds 20 percent of the sum of the Quality Basic Education Formula amounts, as calculated pursuant to subsection (d) of Code Section 20-2-161, the amount of each local school systems local five mill share shall be calculated as follows:
(A) Determine the most recent equalized adjusted school property tax digest for the local school system less the amount attributable to timber calculated pursuant to paragraph (2) of subsection (b) of Code Section 48-5-274, multiply the difference by .4, and add to that product the amount attributable to timber calculated pursuant to paragraph (2) of subsection (b) of Code Section 48-5-274; (B) From the amount calculated in subparagraph (A) of this paragraph deduct the total amount calculated pursuant to subsection (g) of this Code section; and (C) Multiply the remainder calculated in subparagraph (B) of this paragraph by .005; or (2) If the combined local five mill share total for all local school systems in this state, when calculated pursuant to paragraph (1) of this subsection, exceeds 20 percent of the sum of the Quality Basic Education Formula amounts, as calculated pursuant to

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subsection (d) of Code Section 20-2-161, then the amount of each local systems five mill share shall be calculated as follows:
(A) Multiply the total amount of Quality Basic Education Formula amounts to be expended for all local school systems combined, as calculated for each local school system pursuant to Code Section 20-2-161, by .2; (B) Divide the product calculated in subparagraph (A) of this paragraph by the sum of the local five mill share amounts for all local school systems in this state as calculated for each local school system pursuant to subparagraph (C) of paragraph (1) of this subsection; (C) Multiply the amount calculated in subparagraph (B) of this paragraph by .005; and (D) Multiply the product calculated in subparagraph (C) of this paragraph by the remainder calculated in subparagraph (B) of paragraph (1) of this subsection. (b)(1) Each local school system shall apply the total amount of its local five mill share funds to programs funded under this article and in the manner so earned as indicated on the allotment sheets as provided by the State Board of Education; provided, however, that no portion of the local five mill share funds is applied to the financing of educational programs and services operated at the option of the local school system or for any grant program which explicitly excludes the application of local funds or which explicitly requires an application of local funds other than from the local five mill share. (2) The local school system may apply revenues toward the local five mill share from any source except: funds derived from the federal government which were not designed to replace local tax revenues; state funds; student tuition and fees; funds transferred from another local unit of administration; and other sources specifically prohibited by provisions of this article; provided, however, that an independent school system may apply appropriations from the taxing authority of its municipal government. (c)(1) The state auditor shall furnish to the State Board of Education the equalized adjusted school property tax digests in accordance with Code Section 48-5-274. (2) Except as provided in subsection (b) of Code Section 20-2-162, the sums of the most recent equalized adjusted school property tax digests shall be used to make the calculations required by subsection (a) of this Code section for each fiscal year. (d) Each municipality having an independent school system and each county government shall annually provide the Department of Revenue with the following information for each local school system within its jurisdiction: (1) The total number of granted state-wide constitutional homestead exemptions for occupied homes pursuant to Code Section 48-5-44 exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52; (2) The total number of granted state-wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48; (3) The amounts of tax and nontax revenues by source which have been distributed by said local government to local school systems for educational maintenance and

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operation; provided, further, that if the total tax revenues collected by a municipal government exceed the amount of all revenues distributed to its school system, the total amount of tax revenues collected by the municipal government shall also be submitted to the Department of Revenue. Such data shall be submitted to the Department of Revenue no later than the date required for the submission of the local tax digests to the Department of Revenue; and (4) The difference between the actual assessed valuation of agricultural property and the valuation that would be assessed if all agricultural property were assessed at 40 percent of its fair market value as provided in Code Section 48-5-7; provided, however, that if the taxing authority of a local school system assesses property at a legal standard other than 40 percent of fair market value, the actual assessed valuation used in this calculation shall be reduced to represent the amount which would be assessed if the jurisdiction assessed property at 40 percent of fair market value. (e) The Department of Revenue shall annually verify, certify as correct, and furnish the State Board of Education with the following data for each local school system by November 15: (1) All tax and nontax revenues by source for the preceding fiscal year which were distributed for educational maintenance and operation; provided, however, such tax and nontax revenues shall exclude any state revenue collections which were previously distributed to the state general fund and then appropriated or allocated to local school systems; and provided, further, that if the total tax revenues collected by a municipal government exceed the amount of all revenues which it distributed to its school system, the total amount of revenues distributed to the school system shall be designated as tax revenues in the report of the Department of Revenue to the state board; (2) The number of exemptions granted for state-wide constitutional homestead exemptions for owner occupied homes pursuant to Code Section 48-5-44, exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52, for the preceding calendar year; (3) The number of exemptions granted for state-wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48 for the preceding calendar year; and (4) The difference between the actual assessed valuation of agricultural property and the valuation that would be assessed if all agricultural property were assessed at 40 percent of its fair market value as provided in Code Section 48-5-7, adjusted pursuant to paragraph (4) of subsection (d) of this Code section. (f) The Office of Planning and Budget shall annually furnish to the State Board of Education the estimated number of individuals age 65 or older residing in each local school system and the estimated percent that such individuals are of the total population for each local school system. The Office of Planning and Budget shall furnish all information requested by the General Assembly regarding the procedure for estimating this percent.

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(g) For purposes of calculation under this Code section and Code Section 20-2-165, the equalized adjusted school property tax digest, adjusted by paragraph (1) of subsection (a) of this Code section, shall be reduced by the sum of the following products:
(1) The product of the number of constitutional homestead exemptions for owner occupied homes pursuant to Code Section 48-5-44 granted for that year, exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52, multiplied by the amount per exemption authorized under Code Section 48-5-44; provided, further, that in any city operating an independent school system which provides a homestead exemption through local legislation comparable to that provided in Code Section 48-5-44, the product calculated in this paragraph shall represent the number of homestead exemptions provided through the applicable local legislation multiplied by the amount per exemption authorized in Code Section 48-544, or by the amount per exemption authorized in the applicable local legislation, whichever is less; and provided, further, that if the amount per exemption authorized in Code Section 48-5-44 has been changed subsequent to the year of the applicable digest, the more recently adopted amount per exemption shall be used for the product calculated in this paragraph; (2) The product of the number of constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48 granted for that year, multiplied by the amount per exemption authorized under that Code section; provided, further, that in any city operating an independent school system which provides a homestead exemption through local legislation comparable to that provided in Code Section 485-48, the product calculated in this paragraph shall represent the number of homestead exemptions provided through the applicable local legislation multiplied by the amount per exemption authorized in the applicable local legislation, whichever is less; and provided, further, that if the amount per exemption authorized in Code Section 48-548 has been changed subsequent to the year of the applicable digest, the more recently adopted amount per exemption shall be used for the product calculated in this paragraph; (3) The product of the estimated number of persons age 65 or older residing in the local school system during that year multiplied by 5,000; (4) The product which results from the following calculations:
(A) Subtract the estimated state-wide percentage that persons age 65 or older is of the total population, excluding military personnel and institutional population, from the respective percentage for the local school system. If the respective percentage for the local school system is less than the state-wide percentage, a difference of zero shall be used in the calculations in this paragraph; (B) Multiply the difference which results from subparagraph (A) of this paragraph by 1,000; and (C) Multiply the product which results from subparagraph (B) of this paragraph by the estimated number of persons age 65 or older residing in the local school system during that year; and (5) The product which results from the following calculations:

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(A) Divide the amount reported in paragraph (4) of subsection (e) of this Code section by the average ratio of assessed value to true value used to calculate the most recent equalized adjusted school property tax digest pursuant to Code Section 48-5-274; and (B) Multiply the quotient which results from subparagraph (A) of this paragraph by .4.; and (6) The product which results from the following calculations: (A) Divide the amount of tangible personal property exempted pursuant to Code Section 48-5-48.2 by the average ratio of assessed value to true value used to calculate the most recent equalized adjusted property tax digest pursuant to Code Section 48-5-274; and (B) Multiply the quotient which results from subparagraph (A) of this paragraph by .4. (h) In the event a local school system fails to provide for or to use the amount of local funds required to be raised and applied by the local school system in order to participate in the Quality Basic Education Program as defined by this article during any fiscal year, the State Board of Education shall calculate the total amount of such funds and add that amount to the local five mill share being required of the local school system for an ensuing fiscal year. Further, should the state auditor cite an audit exception which requires that a local school system return an amount of funds to the state general fund, the state board shall add said amount to the local five mill share of the local school system for an ensuing fiscal year if the state board has not been provided documentation that the amount has already been paid to the state general fund. Such additions will thereby reduce the amount of state funds which shall be allotted to such local school systems. If a local school system does not fulfill its obligation to provide a local five mill share or to comply with any other provisions of this article for any fiscal year, the state board may withhold any portion or all of the state funds to be allotted during the current or an ensuing fiscal year."
SECTION 3. Said part is further amended by striking Code Section 20-2-165, relating to calculation and allotment of state funds, and inserting in its place a new Code Section 20-2-165 to read as follows:
"20-2-165. (a) As used in this Code section, the term:
(1) 'Assessed valuation' is defined as 40 percent of the equalized adjusted property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164. (2) 'Assessed valuation per weighted full-time equivalent count' is defined as the assessed valuation for the most recent year available divided by the weighted full-time equivalent count for the year of the digest. (3) 'Average weighted full-time equivalent count' is defined as the first count of a fiscal year weighted two parts and the second count weighted one part.

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(4)(3) 'Effective millage rate' is defined as local tax revenues divided by the assessed valuation and multiplied by 1,000; provided, however, that if the amount of local tax revenues is subsequently adjusted as a result of an audit of a local school systems annual financial report, the increase or decrease in local tax revenues resulting from the audit shall cause an adjustment to be made in the effective millage rate that was calculated initially. Any net change in the amount of equalization dollars earned as a result of such adjustment shall be applied to the amount of the local school systems equalization grant in a subsequent fiscal year. (5)(4) 'Eligible full-time equivalent program count' is defined as the sum of the fulltime equivalent resident student count and full-time equivalent nonresident student count pursuant to subsection (b) (d) of Code Section 20-2-160 for each program specified pursuant to subsection (b) of Code Section 20-2-161; provided, however, that each local school systems total full-time equivalent nonresident student count for all programs except handicapped programs shall not exceed the lesser of the count for fiscal year 2000 or the count for any ensuing fiscal year, unless the local school system serves under contract all of the students in one or more grade levels from an adjoining system or unless the system serves students from an adjoining system under court order. (6)(5) 'Equalized adjusted property tax digest' is defined as the most recent equalized adjusted property tax digest furnished to the State Board of Education pursuant to paragraph (1) of subsection (c) of Code Section 20-2-164. (7)(6) 'Guaranteed valuation school system' is defined as the local school system ranking at the seventy-fifth percentile in dollars of average of the assessed valuation per weighted full-time equivalent count for five school systems. This average shall include the system that ranks last among the highest 25 percent of school systems, the two systems ranking immediately above such system, and the two systems ranking immediately below such system, where the ranking of school systems is such that the one-hundredth percentile highest ranking school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent count. For the purpose of determining the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system only, a reduction of the assessed valuation for exemptions authorized by Code Sections 48-5-44 and 48-5-48 shall be calculated whether such exemptions are granted or not granted by one or more of the five systems used in the calculation of the guaranteed valuation school system. (8)(7) 'Local tax revenues' is defined:
(A) Prior to July 1, 2005, as the sum of tax revenues for a local school system as furnished to the Department of Education by the school system in its annual financial report, reduced by the total amount of general funds expended for capital outlay or transferred into an escrow account for capital outlay purposes for the most recent fiscal year such data are available and increased by any federal funds designed to replace local tax revenues provided to the said system; provided, however, that the local school system has furnished the state board with acceptable

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documentation which clearly identifies the source or sources of such federal funds; and (B) On and after July 1, 2005, as the sum of tax revenues for a local school system as furnished to the Department of Education by the school system in its annual financial report, reduced by the total amount of general funds expended for capital outlay or transferred into an escrow account for capital outlay purposes for the most recent fiscal year such data are available. (9)(8) 'Most recent average weighted full-time equivalent count' is defined as the average of the two most recent weighted full-time equivalent counts count derived from full-time equivalent program count data obtained for the purpose of determining the funds initially needed to finance the Quality Basic Education Formula pursuant to subsection (d) of Code Section 20-2-160 for the next ensuing fiscal year. (10)(9) 'Qualified local school system' is defined as any local school system having an assessed valuation per weighted full-time equivalent count for the year of the digest ranking below the guaranteed valuation school system and having an effective millage rate greater than the millage rate applied to calculate the local five mill share pursuant to subsection (a) of Code Section 20-2-164. (11)(10) 'Weighted full-time equivalent count' is defined as the sum of all eligible full-time equivalent program counts multiplied by their respective program weights in effect during the fiscal year that the full-time equivalent program counts were obtained pursuant to Code Section 20-2-161. (12)(11) 'Weighted full-time equivalent count for the year of the digest' is defined as the average of the two weighted full-time equivalent counts taken during that fiscal year beginning during the year of the digest count derived from full-time equivalent program count data obtained for the purpose of determining the funds initially needed to finance the Quality Basic Education Formula pursuant to subsection (d) of Code Section 20-2-160 for the school year currently in progress. (b) The State Board of Education shall annually calculate the equalization grant for each qualified local school system in the following manner: (1) Subtract the assessed valuation per weighted full-time equivalent count for the local school system from the assessed valuation per weighted full-time equivalent count for the guaranteed valuation school system; (2) Divide the difference resulting from paragraph (1) of this subsection by 1,000; (3) Subtract five from the effective millage rate for the local school system and use the resulting number of effective mills or 15 effective mills, whichever is less, as the number of effective mills to be equalized; (4) Multiply the quotient resulting from paragraph (2) of this subsection by the number of effective mills to be equalized pursuant to paragraph (3) of this subsection; (5) Multiply the product resulting from paragraph (4) of this subsection by the most recent average weighted full-time equivalent count for the local school system; and (6) The resulting amount, calculation amount A, shall be the equalization grant for the ensuing fiscal year; provided, however, that for fiscal year 2001 2005 only the amount shall be adjusted by calculating a second amount, calculation amount B, under

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subsection (b) of this Code section by replacing the seventy-fifth percentile school system guaranteed valuation with the system ranking at the ninetieth percentile school system for the as an alternate guaranteed valuation school system and subtracting five from the effective mills and using the resulting number of effective mills or 3.25 effective mills, whichever is less, as the number of effective mills to be equalized, and subtracting the resulting amount from calculation amount A and multiplying the resulting amount by .25 .85 and adding that amount to calculation amount B; provided, further, that for. For each local school system which serves under contract all of the students in one or more grade levels from an adjoining system and for each local school system which sends under contract all of the students in one or more grade levels to an adjoining system, the equalization grant shall be recalculated calculated to represent the amount that would be earned if the students transferred under said contract were included in the full-time equivalent counts of the local school system in which they reside; provided, further however, that any recalculated equalization grant to be earned by a local school system sending students to another system under the provisions of such a contract shall be reduced by an amount which represents the equalization funds earned per weighted full-time equivalent student multiplied by the total weighted full-time equivalent count for students transferred, and any recalculated equalization grant to be earned by the local school system receiving students under said contract shall be increased by the same amount. The amounts so recalculated shall be the equalization grants for such local school systems. The recalculations shall occur after the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system has been calculated and shall not affect the calculation of the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system. (c) The State Board of Education shall allocate respectively the amount calculated under subsection (b) of this Code section to each qualified local school system. For the first effective year of the merger of any two or more local school systems, the equalization grant shall be the addition of amounts which would have been separately earned by the systems participating in the merger or the amount which would have been earned if the systems had already been merged during the year of the applicable digest, whichever is greater. No portion of local five mill share shall be applied to such equalization grants. In the event sufficient funds are not appropriated in a fiscal year to the state board to allot the full amount of equalization grants calculated to be payable to qualified local school systems as provided in this Code section, the state board shall proportionately reduce the amount of funds to be allocated to qualified local school systems. (d) The amount of funds appropriated each year under this Code section, for a period not to exceed five years beginning with fiscal year 2002, may be adjusted to allow local school systems that are losing funds due to a change from the ninetieth percentile guaranteed valuation school system to the seventy-fifth percentile guaranteed valuation school system sufficient time to adjust their local programs.

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(e)(d)(1) Beginning with Fiscal Year 2002, a A midterm adjustment in a local school systems equalization grant shall be made if:
(A) The school system ranks at or below the seventy-fifth percentile in dollars of assessed valuation per weighted full-time equivalent student, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent student guaranteed valuation; and (B) The school system increases the actual millage levied against its digest for maintenance and operation. (2) If made, the midterm adjustment to the equalization grant shall be calculated as follows: (A) Calculate the percentage change in the actual millage rate for a school system by subtracting the actual millage rate for the prior year from the actual millage rate for the current year and dividing by the actual millage rate for the prior year; (B) If the result from subparagraph (A) of this paragraph is a positive number, multiply the number of effective mills calculated as part of the original equalization grant calculation for a given year by the percentage increase calculated in subparagraph (A) of this paragraph. Add the product of this calculation to the effective number of mills from the original equalization grant calculation as described in subsections (a) through (d) (c) of this Code section; (C) Recalculate the equalization grant substituting the revised number of effective mills calculated in subparagraph (B) of this paragraph; and (D) Subtract the initial equalization grant amount from the amount calculated in subparagraph (C) of this paragraph.; and (E) The resulting amount shall be the midterm adjustment to the equalization grant. (3) If the result from subparagraph (A) of paragraph (2) of this subsection is a positive number, the local school systems effective millage rate used in the calculation of its equalization grant for the ensuing fiscal year shall be adjusted as follows: (A) Multiply the number of effective mills calculated pursuant to paragraph (3) of subsection (a) of this Code section by the percentage increase calculated in subparagraph (A) of paragraph (2) of this subsection; and (B) The resulting amount shall be the adjusted number of effective mills used in the initial calculation of the equalization grant for the ensuing fiscal year; provided, however, that the system shall be eligible for a recalculation of its effective mills if it ranks at or below the guaranteed valuation."
SECTION 4. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 2004. (b) Section 2 of this Act shall become effective July 1, 2005.

WEDNESDAY, MARCH 17, 2004
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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The following amendment was read and adopted:

Representative Ashe of the 42nd, Post 2 et al. move to amend the Committee substitute to HB 1539 by inserting "to provide for an effective date;" on line 7 of page 1 between "matters;" and "to".
By striking "products:" on line 17 of page 6 and inserting in its place the following:
"products, provided that prior to July 1, 2005, the reduction provided for in paragraph (6) of this subsection shall apply only for the purpose of the calculation under Code Section 20-2-165:"
By striking lines 19 through 32 of page 9 and inserting in their place the following:
"(8)(7) "Local tax revenues" is defined as the sum of tax revenues for a local school system as furnished to the Department of Education by the school system in its annual financial report, reduced by the total amount of general funds expended for capital outlay or transferred into an escrow account for capital outlay purposes for the most recent fiscal year such data are available. For fiscal years 2005 through 2007 only, such amount shall be and increased by any federal funds designed to replace local tax revenues provided to the said system; provided, however, that the local school system has furnished the state board with acceptable documentation which clearly identifies the source or sources of such federal funds; provided, further, that the inclusion of such federal funds shall be allowable only to the extent that it enables the school system to qualify for an equalization grant in such fiscal years that does not exceed the amount of the equalization grant earned in fiscal year 2004."
By striking lines 2, 3, and 4 of page 13 and inserting in their place the following:
"This Act shall become effective July 1, 2004."

The Committee substitute, as amended, was adopted.

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

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On the passage of the Bill, by substitute, as amended, 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 Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

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

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

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

On the passage of the Bill, by substitute, as amended, the ayes were 160, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representatives Mangham of the 62nd and Snow of the 1st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

WEDNESDAY, MARCH 17, 2004

2281

HB 1526. By Representatives Harbin of the 80th, Buckner of the 109th, Smith of the 110th, Walker of the 71st, Post 1 and Randall of the 107th:
A BILL to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, so as to expand the childhood vaccination registry to include vaccination on all persons from birth through death; 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 Y Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter Y Burmeister N Butler Y Campbell N Casas N Chambers Y Channell Y Childers
Coan Y Coleman, B N Cooper Y Crawford N Cummings

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

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

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

Y Sholar Y Sims Y Sinkfield
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 Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson Y Westmoreland Y White Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

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On the passage of the Bill, the ayes were 130, nays 25. The Bill, having received the requisite constitutional majority, was passed.

Representatives Mangham of the 62nd, Stephenson of the 60th, Post 1 and StanleyTurner of the 43rd, Post 2 stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

HB 1428. By Representatives Westmoreland of the 86th, Smith of the 129th, Post 2, Rice of the 64th, Mosley of the 129th, Post 1, Coan of the 67th, Post 1 and others:
A BILL to amend Code Section 20-2-690 of the Official Code of Georgia Annotated, relating to requirements for private schools and home study programs, so as to change certain qualifications of tutors in home study programs; 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 Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown

Y Day Dean
Y Deloach Y Dix
Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James
Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell

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 N Snow
Stanley-Turner N Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet

E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler
Campbell Y Casas
Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, MARCH 17, 2004

Y Franklin Gardner
Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Millar Y Mills

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

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Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson Y Westmoreland Y White Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 157, nays 2. The Bill, having received the requisite constitutional majority, was passed.

Representatives Mangham of the 62nd and Stanley-Turner of the 43rd, Post 2 stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1105. By Representatives Sims of the 130th, Smith of the 129th, Post 2, Boggs of the 145th and Roberts of the 131st:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of wax or dies used directly in the manufacture of parts for military aircraft, watercraft, or vehicles; 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 Day Dean
Y Deloach

Y Hill, C.A Hill, V
Y Hines

Y Mitchell Y Mobley Y Moraitakis

Y Sholar Y Sims Y Sinkfield

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

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

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

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

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

On the passage of the Bill, the ayes were 145, nays 5. The Bill, having received the requisite constitutional majority, was passed.

Representatives Lane of the 101st, Mangham of the 62nd and Stanley-Turner of the 43rd, Post 2 stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1702. By Representative Jenkins of the 93rd:
A BILL to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for pardons and paroles, so as to provide for the State Board of Pardons and Paroles to confer police powers on their employees under certain circumstances; to allow certain

WEDNESDAY, MARCH 17, 2004

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employees to assist law enforcement or correctional officers under certain circumstances; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for pardons and paroles, so as to provide for powers of certain employees of the State Board of Pardons and Paroles for a limited period of time and under certain circumstances; to allow such employees to assist law enforcement or correctional officers; to provide for related matters; to provide for automatic repeal; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for pardons and paroles, is amended by inserting a new Code section to follow Code Section 42-9-9, relating to board employees, to read as follows:
"42-9-9.1. (a) Upon the issuance of an executive order by the Governor and the consent of a majority of the members of the board, all powers of a law enforcement officer of this state, including, but not limited to, the power to make arrests for violations of any of the criminal laws of this state, may be conferred upon and exercised by any person who is employed by the board and who is otherwise certified as a peace officer under the provisions of Chapter 8 of Title 35. Such powers shall be exercised only during the period extending from May 24, 2004, through June 20, 2004, and only in such area or areas of the state as designated by the Governor in such executive order. Such certified peace officers may assist law enforcement officers or correctional officers of federal, state, or local governments in preserving order and peace when so requested by the Governor or by such authorities. (b) This Code section shall be repealed on July 1, 2004."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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The following amendment was read and ruled not germane:

Representatives Sims of the 130th and Stokes of the 72nd move to amend the Committee substitute to HB 1702 by striking the quotations at the end of line 23 of page 1 and adding after line 23 of page 1 the following:
"(c) No member of the State Board of Pardons and Paroles may be paid by any entity contracting with the State of Georgia for consulting, lobbying, or other actions or activities that may be deemed a conflict of interest with the State of Georgia. (d) Violation of subsection (c) of this Code section shall be a felony punishable by a fine of $10,000.00 and imprisonment for not less than three years nor more than five years."

The Committee substitute was adopted.

The 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
Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister

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

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

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

Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 E Warren

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

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

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

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

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Y Watson 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 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Mangham of the 62nd 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.

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 Senate:
SB 500. By Senators Price of the 56th, Stephens of the 51st and Johnson of the 1st:
A BILL to be entitled an Act to amend Code Section 21-2-379.1 of the Official Code of Georgia Annotated, relating to requirements for use of electronic recording voting systems, so as to provide all electronic recording voting systems to produce a permanent paper record of the votes recorded on such systems for each voter; to provide that voters have an opportunity to verify such record after voting; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 584. By Senators Unterman of the 45th, Adelman of the 42nd and Levetan of the 40th:

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A BILL to be entitled an Act to amend Code Section 45-20-51 of the Official Code of Georgia Annotated, relating to definitions concerning voluntary deductions from wages or salaries of state employees for the benefit of charitable organizations, so as to include as eligible charitable organizations federated charitable organizations with offices in this state that provide international health and welfare services; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 599. By Senator Price of the 56th:
A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to bidding on public works, and Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to prohibit the state or a governmental entity contracting for public works construction from requiring a contractor, subcontractor, or material supplier or handler to become a party to any labor agreement as a condition of bidding, negotiating regarding bids, being awarded a contract, or working on a public works project; to repeal conflicting laws; and for other purposes.
SB 603. By Senators Cagle of the 49th, Thompson of the 33rd and Bowen of the 13th:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for photographic speed-monitoring systems; to provide for definitions and operating requirements relative to such photographic speed-monitoring systems; to provide for a civil monetary penalty for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 604. By Senators Thomas of the 54th, Levetan of the 40th, Mullis of the 53rd and Price of the 56th:
A BILL to be entitled an Act to amend Article 5 of Chapter 9 of Title 45 of the O.C.G.A., relating to insuring and indemnifying law enforcement officers, firefighters, prison guards, and publicly employed emergency medical technicians, so as to define certain terms; to provide that any emergency rescue or public safety worker who suffers a condition or impairment of health that is caused by hepatitis, meningococcal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty unless the contrary is shown by competent evidence; to provide for a verification that certain health related activities did not take place; to provide for

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immunizations; to provide for applicability; to repeal conflicting laws; and for other purposes.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

SB 500. By Senators Price of the 56th, Stephens of the 51st and Johnson of the 1st:
A BILL to be entitled an Act to amend Code Section 21-2-379.1 of the Official Code of Georgia Annotated, relating to requirements for use of electronic recording voting systems, so as to provide all electronic recording voting systems to produce a permanent paper record of the votes recorded on such systems for each voter; to provide that voters have an opportunity to verify such record after voting; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

SB 584. By Senators Unterman of the 45th, Adelman of the 42nd and Levetan of the 40th:
A BILL to be entitled an Act to amend Code Section 45-20-51 of the Official Code of Georgia Annotated, relating to definitions concerning voluntary deductions from wages or salaries of state employees for the benefit of charitable organizations, so as to include as eligible charitable organizations federated charitable organizations with offices in this state that provide international health and welfare services; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Industrial Relations.

SB 599. By Senator Price of the 56th:
A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, Chapter

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91 of Title 36 of the Official Code of Georgia Annotated, relating to bidding on public works, and Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to prohibit the state or a governmental entity contracting for public works construction from requiring a contractor, subcontractor, or material supplier or handler to become a party to any labor agreement as a condition of bidding, negotiating regarding bids, being awarded a contract, or working on a public works project; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

SB 603. By Senators Cagle of the 49th, Thompson of the 33rd and Bowen of the 13th:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for photographic speed-monitoring systems; to provide for definitions and operating requirements relative to such photographic speed-monitoring systems; to provide for a civil monetary penalty for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 604. By Senators Thomas of the 54th, Levetan of the 40th, Mullis of the 53rd and Price of the 56th:
A BILL to be entitled an Act to amend Article 5 of Chapter 9 of Title 45 of the O.C.G.A., relating to insuring and indemnifying law enforcement officers, firefighters, prison guards, and publicly employed emergency medical technicians, so as to define certain terms; to provide that any emergency rescue or public safety worker who suffers a condition or impairment of health that is caused by hepatitis, meningococcal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty unless the contrary is shown by competent evidence; to provide for a verification that certain health related activities did not take place; to provide for immunizations; to provide for applicability; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 17, 2004 Referred to the Committee on Industrial Relations.

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Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1168. By Representatives Rice of the 64th, Parham of the 94th, Keen of the 146th, Reece of the 21st, Brown of the 89th and others:
A BILL to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to change certain provisions relating to examination of applicants; to provide that licensed driver training schools may conduct road tests for applicants for drivers' licenses; to provide for approval by the department of driver training schools; to provide that it shall be a misdemeanor to a licensed driving instructor to falsely certify that an applicant has passed a road test; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, so as to provide that licensed driver training instructors may under certain conditions act as agents for parents or guardians for purposes of such applications; to change certain provisions relating to examination of applicants; to provide that licensed driver training schools may conduct road tests for applicants for drivers licenses; to provide for approval by the department of driver training schools; to provide that it shall be a misdemeanor to a licensed driving instructor to falsely certify that an applicant has passed a road test; to provide for a contract to be entered between approved licensed driver schools and applicants; to provide for compliance of driver training schools to be monitored by the department; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, is amended by striking subsection (a) of Code Section 40-5-26, relating to applications of minors for drivers licenses and distinctive licenses for persons under age 21, in its entirety and inserting in lieu thereof the following:

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"(a) The application of any person under the age of 18 years for an instruction permit or drivers license shall be signed:
(1) Signed and verified by the father, mother, or guardian of the applicant before a person authorized to administer oaths or, in the event there is no parent or guardian, by another responsible adult; or (2) Signed and verified by a licensed driver training instructor before a person authorized to administer oaths when such instructor is acting as an agent for such purposes on behalf of the father, mother, or guardian of the applicant and such agency is evidenced by permission of such parent or guardian which has been granted in writing and signed and verified by such parent or guardian before a person authorized to administer oaths and on such form as shall be prescribed by rule or regulation of the department."
SECTION 2. Said chapter is further amended by striking subsection (a) of Code Section 40-5-27, relating to examination of applicants, in its entirety and inserting in lieu thereof the following:
"(a) The department shall examine every applicant for a drivers license, except as otherwise provided by subsection (d) of this Code section. Such examination shall include a test of the applicants eyesight, his or her ability to understand official trafficcontrol devices, and his or her knowledge of safe driving practices and the traffic laws of this state and shall also include a comprehensive on-the-road driving test during which the applicant shall be required to fully demonstrate his or her ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles he or she desires a license to drive; provided, however, that the on-the-road driving test requirement shall not apply to any applicant for a Class C drivers license who holds a Class D drivers license issued on or after January 1, 2002. Applicants 18 years of age and older with valid and current licenses issued by another state of the United States or the District of Columbia who surrender their previous licenses to obtain a Georgia license shall be exempt from taking such tests other than tests of eyesight. The examination may also include such further physical and mental examination as the department finds necessary to determine the applicants fitness to operate a motor vehicle safely upon the highways. The commissioner may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any class of license."
SECTION 3. Said chapter is further amended by adding a new subsection (d) to Code Section 40-5-27, relating to examination of applicants, to read as follows:
"(d)(1)(A) Any person who possesses a valid instruction permit issued by the department and who successfully completes a course of driver training from a driver training school licensed pursuant to Chapter 13 of Title 43 and approved by the department to administer the testing provided for in this subsection, which course

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includes a minimum of 30 class hours of instruction and six hours of private in-car training, and who successfully completes an additional 40 minute road test administered by a licensed instructor of such school shall be exempt from the driving examination required by subsection (a) of this Code section for issuance of a drivers license. Upon an applicants successful completion of the eyesight examination and submission of a certificate of completion of the required course and road test examination from an approved licensed driver training school, the department shall issue such person a drivers license without the requirement of further testing. Any person who is exempted from obtaining an instruction permit prior to taking a driver training course pursuant to Code Section 40-5-21 may, after completion of a driver training course from a licensed driver training school and successful completion of a 40 minute road test administered by a licensed instructor of such school, be authorized to be exempted by the department from any additional test of such persons actual driving, but such person shall be required to successfully complete the written drivers license examination and the standard eyesight examination administered by the department as a condition of obtaining a license. The provisions of this subsection shall not apply to any person who is required to use bioptic lenses as a condition of licensure. Such persons shall continue to be subject to the licensing requirements set forth in subsection (c) of this Code section. (B) The department shall, prior to approving a licensed driving school to conduct road tests as provided for in this subsection, make a determination that the school has been licensed for a minimum of five years and has conducted driver education and adult education courses on a full-time basis for such five-year period and that such school meets all other standards which the department may establish as a condition for approval to conduct such tests. The department shall develop a standardized sample road test which shall be used by all approved licensed driving schools when administering a road test. A road test score sheet shall be prepared by the licensed driving instructor administering the road test for each individual applicant. The road test score sheet shall indicate the applicants proficiency in each of the following: low-speed maneuvers, including three-point turns and U-turns; parking maneuvers, including parallel parking and parking on a hill, if available; straight driving, right hand turns, and left hand turns in actual traffic conditions, including distance judgment, proper lane selection, use of mirrors, and signaling; yielding and stopping at appropriate traffic lights, signs, and road markings; entering, exiting, and proper lane changes on highways or interstate highways; knowledge of general vehicle instruments and controls; and general competency behind the wheel. The road test score sheet shall be signed by the licensed driving instructor, shall indicate the driving instructors department certificate number, and shall indicate whether the applicant passes or fails the road test. It shall be a misdemeanor for a licensed driving instructor to falsely certify that an applicant has successfully demonstrated the required proficiency standard on a road test. Each approved licensed driving school shall maintain the road test score sheet for a period of three years from the date of such test. The licensed driving school instructor shall

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complete for each student who demonstrates the required competency and proficiency on the road test a certificate of road test completion which the student shall submit to the department as provided in subparagraph (A) of this paragraph. The department shall provide the certificates of road test completion to all authorized licensed driving schools, which certificates shall be sequentially numbered, and at a cost to be determined by the department, which cost shall be set to cover the printing costs of such certificates. (2) An approved licensed driving school shall enter into a contract with each person seeking a testing exemption under paragraph (1) of this subsection. The form of such contract shall be approved by the department and each contract shall be sequentially numbered and shall contain the following information: the licensed name of the driving school; the complete address and telephone number of such school; the applicants full name, street address, and telephone number; the applicants date of birth; the applicants learners permit number and the expiration date or an explanation of why the applicant is exempt from the requirement of a learners permit; the drivers education certificate of completion number; the fee for the road test service; the fee paid by the applicant to the licensed driving school; notice that the applicant may take the road test from the approved licensed driving school or from the department; notice that no part of the fee for such road test shall be refunded unless the failure to conduct such test is solely the fault of the driving school; notice that the terms of the written agreement are governed by the laws of the State of Georgia, that the written agreement constitutes the entire contract between the driving school and the applicant, and that no verbal statement or promise made by any representative of the driving school shall be recognized or given effect; notice that it is a violation of the laws of the State of Georgia to guarantee issuance of a drivers license; and notice that the department is the sole entity authorized to issue drivers licenses in the State of Georgia. The contract may serve as the applicants receipt. Each approved licensed driving school shall maintain a copy of any such contract for a period of three years from the date of such contract. In the event that the road test applicant is under 18 years of age but has completed a teenage driver education program consisting of 30 hours of classroom and six hours of private in-car training, the parent or guardian of such minor may, upon a form approved by the department, give his or her permission for such minor to contract with the approved licensed driving school for the administration of such road test. The permission of such parent or guardian shall be notarized and shall be maintained by the driving school, with the contract, for a period of three years. (3) The compliance of approved licensed driving schools with the requirements of this subsection shall be monitored by the department and the department shall revoke the approval of any licensed driving school to conduct road tests under the provisions of this subsection if it determines that such school is not in full compliance with all such requirements. The department shall be reimbursed by the licensed driving school for any testing expenses paid to the driving school by the department for an authorized representative of the department who completes a road test administered

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by the driving school. Reimbursement shall be made within ten calendar days after written submission to the driving school of the necessary information."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Rice of the 64th, Parham of the 94th and Powell of the 23rd was read and adopted:

A BILL
To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, so as to provide that licensed driver training instructors may under certain conditions act as agents for parents or guardians for purposes of applications for drivers licenses or instruction permits; to provide that the Department of Motor Vehicle Safety may authorize licensed driver training schools to administer the drivers examination; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, is amended by striking subsection (a) of Code Section 40-5-26, relating to applications of minors for drivers licenses and distinctive licenses for persons under age 21, in its entirety and inserting in lieu thereof the following:
"(a) The application of any person under the age of 18 years for an instruction permit or drivers license shall be signed:
(1) Signed and verified by the father, mother, or guardian of the applicant before a person authorized to administer oaths or, in the event there is no parent or guardian, by another responsible adult; or (2) Signed and verified by a licensed driver training instructor before a person authorized to administer oaths when such instructor is acting as an agent for such purposes on behalf of the father, mother, or guardian of the applicant and such agency is evidenced by permission of such parent or guardian which has been granted in writing and signed and verified by such parent or guardian before a person authorized to administer oaths and on such form as shall be prescribed by rule or regulation of the department."
SECTION 2. Said chapter is further amended in Code Section 40-5-27, relating to examination of

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applicants, by striking subsection (a) and inserting in its place the following and by adding new subsections (d) and (e) to read as follows:
"(a) The department shall examine every applicant for a drivers license, except as otherwise provided by subsection (d) of this Code section. Such examination shall include a test of the applicants eyesight, his or her ability to understand official trafficcontrol devices, and his or her knowledge of safe driving practices and the traffic laws of this state and shall also include a comprehensive on-the-road driving test during which the applicant shall be required to fully demonstrate his or her ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles he or she desires a license to drive; provided, however, that the on-the-road driving test requirement shall not apply to any applicant for a Class C drivers license who holds a Class D drivers license issued on or after January 1, 2002. Applicants 18 years of age and older with valid and current licenses issued by another state of the United States or the District of Columbia who surrender their previous licenses to obtain a Georgia license shall be exempt from taking such tests other than tests of eyesight. The examination may also include such further physical and mental examination as the department finds necessary to determine the applicants fitness to operate a motor vehicle safely upon the highways. The commissioner may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any class of license." "(d) The department shall implement a six-month pilot program to determine licensing requirements for licensed driver training schools to conduct on-the-road driving tests as provided in subsection (e) of this Code section. The department shall report the results of such pilot program to the House Committee on Motor Vehicles. (e) If the department determines that the pilot program provided for in subsection (d) of this Code section is successful, it shall authorize licensed driver training schools to conduct on-the-road driving tests as provided in this subsection. The department shall, prior to approving a licensed driver training school to conduct on-the-road driving tests as provided in this subsection, make a determination that the school has been licensed for a minimum of one year and has conducted driver education and adult education courses on a full-time basis for such one-year period and that such school meets all other standards which the department may establish as a condition for approval to conduct such tests. The department shall authorize a driver training school licensed pursuant to Chapter 13 of Title 43 and approved by the department to administer the testing provided for in this Code section, provided that the applicant has successfully completed a driver training course which includes a minimum of 30 class hours of instruction and six hours of private in-car training. The department may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any Class C or Class D drivers license under this Code section."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

On the passage of the Bill, by substitute, 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
Benfield Y Birdsong Y Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell
Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

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

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet
Teper Y Thomas Morgan Y Thomas, A.M
Thompson Y Walker, L Y Walker, R.L E Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard
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 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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Representatives Mangham of the 62nd and Teper of the 42nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1418. By Representatives Stephenson of the 60th, Post 1, Randall of the 107th, Mosby of the 59th, Post 3, Sinkfield of the 50th, Hugley of the 113th and others:
A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, parental rights, and mental incompetency and dependency for juveniles, so as to change the jurisdiction of the juvenile court to include certain children under 18 years of age; to change definitions; to provide for jurisdiction as a court of inquiry regarding certain persons over 18 years of age; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, parental rights, and mental incompetency and dependency for juveniles, so as to change the jurisdiction of the juvenile court to include certain children under 18 years of age; to change definitions; to provide for jurisdiction as a court of inquiry regarding certain persons over 18 years of age; to conform provisions in such chapter to the change in jurisdiction; to provide for notification of the juvenile court if a person who appears to be under the age of 18 is confined in a jail for adults and transfer of such person; to provide for commitment of children 13 to 18 years of age to the custody of the Department of Corrections; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, parental rights, and mental incompetency and dependency for juveniles, is amended in Code Section 15-11-2, relating to definitions, by striking in its entirety paragraph (2) and inserting in lieu thereof the following:
"(2) 'Child' means any individual who is: (A) Under the age of 17 18 years; or

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(B) Under the age of 21 years, who committed an act of delinquency before reaching the age of 17 18 years, and who has been placed under the supervision of the court or on probation to the court; or (C) Under the age of 18 years, if alleged to be a 'deprived child' or a 'status offender' as defined by this Code section."
SECTION 2. Said chapter is further amended in Code Section 15-11-4, relating to the juvenile court as a court of inquiry and a court of record, and issuance of warrants, by striking subsection (a) in its entirety and inserting in lieu thereof the following:
"(a) Court of inquiry. The juvenile court shall have jurisdiction to act as a court of inquiry with all the powers and rights allowed courts of inquiry in this state and to examine or investigate into the circumstances or causes of any conduct or acts of any person 17 18 years of age or over that may be in violation of the laws of this state whenever the person is brought before the court in the course of any proceeding instituted under this article. The court shall cause the person to be apprehended and brought before it upon either a writ of summons, a warrant duly issued, or by arrest. Where, after hearing evidence, the court has reasonably ascertained that there is probable cause to believe that the person has committed a misdemeanor or felony as prescribed under the laws of this state, the court shall commit, bind over to the court of proper jurisdiction in this state, or discharge the person. When justice shall require, the court shall cause the person to make the bond or bail as the court shall deem proper under the circumstances, to cause the person to appear before the court of proper jurisdiction in this state to be acted upon as provided by law."
SECTION 3. Said chapter is further amended in Code Section 15-11-28, relating to the jurisdiction of the juvenile court, by striking in their entirety paragraph (2) of subsection (b) and subsection (d) and inserting in lieu thereof the following:
"(2)(A) The superior court shall have exclusive jurisdiction over the trial of any child 13 to 17 18 years of age who is alleged to have committed any of the following offenses:
(i) Murder; (ii) Voluntary manslaughter; (iii) Rape; (iv) Aggravated sodomy; (v) Aggravated child molestation; (vi) Aggravated sexual battery; or (vii) Armed robbery if committed with a firearm. (A.1) The granting of bail or pretrial release of a child charged with an offense enumerated in subparagraph (A) of this paragraph shall be governed by the provisions of Code Section 17-6-1.

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(B) After indictment, the superior court may after investigation and for extraordinary cause transfer any case involving a child 13 to 17 18 years of age alleged to have committed any offense enumerated in subparagraph (A) of this paragraph which is not punishable by loss of life, imprisonment for life without possibility of parole, or confinement for life in a penal institution. Any such transfer shall be appealable by the State of Georgia pursuant to Code Section 5-7-1. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate. Any case transferred by the superior court to the juvenile court pursuant to this subparagraph shall be subject to the designated felony provisions of Code Section 15-11-63 and the transfer of the case from superior court to juvenile court shall constitute notice to the child that such case is subject to the designated felony provisions of Code Section 15-11-63. (C) Before indictment, the district attorney may, after investigation and for extraordinary cause, decline prosecution in the superior court of a child 13 to 17 18 years of age alleged to have committed an offense specified in subparagraph (A) of this paragraph. Upon declining such prosecution in the superior court, the district attorney shall immediately withdraw the case and lodge it in the appropriate juvenile court for adjudication. Any case transferred by the district attorney to the juvenile court pursuant to this subparagraph shall be subject to the designated felony provisions of Code Section 15-11-63 and the transfer of the case from superior court to juvenile court shall constitute notice to the child that such case is subject to the designated felony provisions of Code Section 15-11-63. (D) The superior court may transfer any case involving a child 13 to 17 18 years of age alleged to have committed any offense enumerated in subparagraph (A) of this paragraph and convicted of a lesser included offense not included in subparagraph (A) of this paragraph to the juvenile court of the county of the childs residence for disposition. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate. (E) Within 30 days of any proceeding in which a child 13 to 17 18 years of age is convicted of certain offenses over which the superior court has exclusive jurisdiction as provided in subparagraph (A) of this paragraph or adjudicated delinquent on the basis of conduct which if committed by an adult would constitute such offenses, the superior court shall provide written notice to the school superintendent or his or her designee of the school in which such child is enrolled or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include the specific criminal offense that such child committed. A local school system to which the child is assigned may request further information from the courts file." "(d) Age limit for new actions. The juvenile court shall not have jurisdiction to initiate any new action against an individual for acts committed after he or she has reached the age of 17 18 years. This subsection does not affect the courts jurisdiction to enter extension orders pursuant to Code Section 15-11-58."

WEDNESDAY, MARCH 17, 2004

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SECTION 4. Said chapter is further amended in Code Section 15-11-30.2, relating to transfer of a child to another court for prosecution, by striking subsection (d) in its entirety and inserting in lieu thereof the following:
"(d) No child, either before or after reaching 17 18 years of age, shall be prosecuted for an offense previously committed unless the case has been transferred as provided in this Code section."
SECTION 5. Said chapter is further amended in Code Section 15-11-48, relating to places of detention for children, by striking in its entirety subsection (d) and inserting in lieu thereof the following:
"(d) Notification of court by official of jail. The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall immediately inform the juvenile court or a duly authorized officer of the juvenile court if a person who is or appears to be under the age of 17 18 years is received at the facility and shall bring him or her before the court upon request or deliver him or her to a detention or shelter care facility designated by the court; provided, however, the official in charge of a jail or other facility for the detention of adult offenders or persons charged with a crime shall immediately inform the court in which the case is pending or a duly authorized officer of such court if a person who is or appears to be 13 to 17 18 years of age and who is alleged to have committed any offense enumerated in subparagraph (b)(2)(A) of Code Section 15-11-28 is received at the facility and shall bring him or her before the court upon request or deliver him or her to a detention facility designated by the court. Such child shall not be held in the jail but may be held in a temporary holding area outside of the jail constructed as such for not longer than six hours pending transfer to the detention facility. For purposes of this Code section, the term 'jail' shall include not only the cells, but any other secured area of the jail adjacent to the cells in which adult offenders are held or through which they are transported."
SECTION 6. Said chapter is further amended in Code Section 15-11-62, relating to commitment of certain children to the custody of the Department of Corrections, by striking subsection (a) in its entirety and inserting in lieu thereof the following:
"(a) A child 13 to 17 18 years of age convicted of any offense enumerated in subparagraph (b)(2)(A) of Code Section 15-11-28 shall be committed to the custody of the Department of Corrections; provided, however, that any child in the custody of the Department of Corrections shall be housed in a designated youth confinement unit until reaching the age of 17 18 notwithstanding that such child was tried and convicted as an adult in superior court. Any designated youth confinement unit in which a child is housed shall be designed to ensure that children are at all times housed separately from any adult offender incarcerated in the facility in which such youth confinement unit is

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located and shall be designed to facilitate rehabilitation of such children, which shall mean that a youth confinement unit shall be of a nondormitory design whenever possible and whenever such facilities become available and staffed by personnel who have received specialized training in the field of juvenile justice. All designated youth confinement units shall provide to children 13 to 17 18 years of age who have been sentenced to such units as a result of a conviction in superior court as an adult of an offense enumerated in subparagraph (b)(2)(A) of Code Section 15-11-28 life skills training, academic or vocational training, and substance abuse and violence prevention counseling to the extent that appropriations are available for such activities."
SECTION 7. Said chapter is further amended in Code Section 15-11-63, relating to designated felony acts, by striking paragraph (2) of subsection (a) and inserting in lieu thereof the following:
"(2) 'Designated felony act' means an act which: (A) Constitutes a second or subsequent offense under subsection (b) of Code Section 16-11-132 if committed by a child 13 to 17 18 years of age; (B) If done by an adult, would be one or more of the following crimes: (i) Kidnapping or arson in the first degree, if done by a child 13 or more years of age; (ii) Aggravated assault, arson in the second degree, aggravated battery, robbery, armed robbery not involving a firearm, or battery in violation of Code Section 165-23.1 if the victim is a teacher or other school personnel, if done by a child 13 or more years of age; (iii) Attempted murder or attempted kidnapping, if done by a child 13 or more years of age; (iv) The carrying or possession of a weapon in violation of subsection (b) of Code Section 16-11-127.1; (v) Hijacking a motor vehicle, if done by a child 13 or more years of age; (vi) Any violation of Code Section 16-7-82, 16-7-84, or 16-7-86 if done by a child 13 or more years of age; (vii) Any other act which, if done by an adult, would be a felony, if the child committing the act has three times previously been adjudicated delinquent for acts which, if done by an adult, would have been felonies; (viii) Any violation of Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine; (ix) Any criminal violation of Code Section 16-14-4, relating to racketeering; or (x) Any violation of Code Section 16-10-52, relating to escape, if the child involved in the commission of such act has been previously adjudicated to have committed a designated felony; (C) Constitutes a second or subsequent adjudication of delinquency based upon a violation of Code Section 16-7-85 or 16-7-87;

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(C.1) Constitutes any violation of Code Section 16-15-4, relating to criminal street gangs; (D) Constitutes an offense within the exclusive jurisdiction of the superior court pursuant to subparagraph (b)(2)(A) of Code Section 15-11-28 which is transferred by the superior court to the juvenile court for adjudication pursuant to subparagraph (b)(2)(B) of Code Section 15-11-28 or which is transferred by the district attorney to the juvenile court for adjudication pursuant to subparagraph (b)(2)(C) of Code Section 15-11-28; or (E) Constitutes a second or subsequent violation of Code Sections 16-8-2 through 16-8-9, relating to theft, if the property which was the subject of the theft was a motor vehicle."
SECTION 8. This Act shall become effective on July 1, 2005.
SECTION 9. 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 N Bannister
Barnard Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black N Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn

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

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

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

Y Sholar Y Sims Y Sinkfield Y Skipper N 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 Y Stephenson
Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L

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

JOURNAL OF THE HOUSE

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

N Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin N Massey
Maxwell Y McBee N McCall
McClinton Y Millar Y Mills

Y Reece, S Y Rice Y Richardson N Roberts, J Y Roberts, L N Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor N Scott N Shaw Y Sheldon

Y Walker, R.L E Warren Y Watson Y Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 129, nays 29.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1656. By Representatives Joyce of the 2nd, Birdsong of the 104th, Royal of the 140th and Snow of the 1st:
A BILL to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to exempt certain motor vehicles owned by persons who have been awarded the Medal of Honor from ad valorem taxation; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to exempt from ad valorem taxation certain motor vehicles owned by persons who have been awarded the Medal of Honor; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated,

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2305

relating to ad valorem taxation of motor vehicles, is amended by adding a new Code Section 48-5-478.3 to read as follows:
"48-5-478.3. A single motor vehicle owned by or leased to a veteran of the armed forces of the United States who has been awarded the Medal of Honor and who is a citizen and resident of Georgia and on which such veteran actually places the motor vehicle license plates he or she receives from the State of Georgia pursuant to Code Section 40-2-68 is hereby exempted from all ad valorem taxes for state, county, municipal, and school purposes."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y 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
Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 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 Y 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 E Warren

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

JOURNAL OF THE HOUSE

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

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

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

Y Watson 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 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1568. By Representative Mitchell of the 61st, Post 3:
A BILL to amend Code Section 37-2-6.1 of the Official Code of Georgia Annotated, relating to program director, staff, budget, facilities, powers and duties, and exemption from taxation of community service boards, so as to provide that no community service board shall employ any person who is receiving a retirement benefit from the Employees' Retirement System of Georgia except in compliance with the provisions of Code Section 47-2-110; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 37-2-6.1 of the Official Code of Georgia Annotated, relating to program director, staff, budget, facilities, powers and duties, and exemption from taxation of community service boards, so as to provide that no community service board shall employ any person who is receiving a retirement benefit from the Employees Retirement System of Georgia except in compliance with the provisions of Code Section 47-2-110; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 37-2-6.1 of the Official Code of Georgia Annotated, relating to program

WEDNESDAY, MARCH 17, 2004

2307

director, staff, budget, facilities, powers and duties, and exemption from taxation of community service boards, is amended by inserting at the end thereof the following:
"(k) No community service board shall employ or retain in employment, either directly or indirectly through contract, any person who is receiving a retirement benefit from the Employees Retirement System of Georgia except in accordance with the provisions of subsection (c) of Code Section 47-2-110; provided, however, that any such person who is employed as of July 1, 2004, may continue to be employed."
SECTION 2. 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:

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

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

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

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

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 Y 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 E Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard
Williams, A Y Williams, E

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Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Heckstall Y Hembree E Henson Y Hill, C

Y McCall Y McClinton Y Millar Y Mills

Y Sailor Y Scott Y Shaw Y Sheldon

Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 163, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1489. By Representatives Oliver of the 56th, Post 2, Hill of the 81st, Mosby of the 59th, Post 3, Thomas of the 43rd, Post 1 and Moraitakis of the 42nd, Post 4:
A BILL to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedure, schedule of bails, and appeal bonds, so as to clarify bond conditions for family violence offenses; and for other purposes.

The following amendment was read and adopted:

Representative Campbell of the 39th moves to amend HB 1489 as follows: Page 2 Line 10 After the word "shall", Add "within 48 hours".

The following amendment was read:

Representatives Ehrhart of the 28th, Willard of the 40th and Campbell of the 39th move to amend HB 1489 as follows:
On page 2
Lines 16 - 18

WEDNESDAY, MARCH 17, 2004

2309

Strike after made
"including but not limited to, having no contact of any kind or character with the victim or any member of the victims family or household,".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

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

On the adoption of the amendment, the ayes were 57, nays 100. The amendment was lost.

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JOURNAL OF THE HOUSE

The following amendment was read and adopted:

Representatives Oliver of the 56th, Post 2 and Richardson of the 26th move to amend HB 1489 by striking lines 10 and 11 of page 2 and inserting in lieu thereof the following:
"the judge shall determine whether the schedule of bails and one or more of its the amount of bail and whether specific conditions shall".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, 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
Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix
Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes N 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 Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

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

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

Y Sholar Y Sims Y Sinkfield Y Skipper N 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 Y 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 E Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

WEDNESDAY, MARCH 17, 2004

2311

On the passage of the Bill, as amended, the ayes were 159, nays 10.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1580. By Representatives Cooper of the 30th, Sinkfield of the 50th, Oliver of the 56th, Post 2, Campbell of the 39th, Lunsford of the 85th, Post 2 and others:
A BILL to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to enact the "Foster Parents Bill of Rights"; to provide for a short title; to set out a list of rights for foster parents; to provide that such rights be taken into consideration in policies of the Division of Family and Children Services of the Department of Human Resources; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Children and Youth moves to amend HB 1580 by striking the word "in" on line 24 of page 3 and inserting in its place the word "an".
By adding the word "Judicial" before the word "Citizen" on line 25 of page 3.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, 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 Day Dean Deloach Dix Dodson
Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Ehrhart Y Elrod Y Epps Y Fleming

Y 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 Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham

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

2312
Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan
Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner
Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis
Lord Y Lucas Y Lunsford N Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B
Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

Y 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 E Warren Y Watson 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, as amended, the ayes were 165, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Maddox of the 59th, Post 2 stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1743. By Representatives Beasley-Teague of the 48th, Post 2, Anderson of the 100th and Powell of the 23rd:
A BILL to amend Code Section 40-2-37 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles of state and political subdivisions, so as to provide for permanent license plates for motor vehicles owned by a municipality or political subdivision; and for other purposes.

The following Committee substitute was read and adopted:

WEDNESDAY, MARCH 17, 2004

2313

A BILL
To amend Code Section 40-2-37 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles of state and political subdivisions, so as to provide for permanent license places for motor vehicles owned by a municipality or political subdivision; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-2-37 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles of state and political subdivisions, is amended by striking subsections (a) and (b) and inserting in their places the following:
"(a) All vehicles of the type required to be registered by Code Section 40-2-20 owned by the State of Georgia or any municipality or other political subdivision of this state and used exclusively for governmental functions, except those employed in secret investigatory police functions to which regular Georgia license plates are issued, shall be registered with the commissioner by the fiscal officers or other proper officials of the respective departments and agencies of the state, municipality, or political subdivision to which such vehicles belong prior to operation and use thereof. Such registration shall be made upon forms prescribed and prepared by the commissioner for such purpose and shall contain a brief description of the vehicle to be registered; its name and model; the name of the manufacturer; the manufacturers vehicle identification number; the department, agency, political subdivision, or branch thereof to which such vehicle is to be registered; and such other information as to use and identity as the commissioner may require. Upon the filing of the properly executed application for registration, the commissioner, upon being satisfied that such vehicle is bona fide owned by the state or a municipality or political subdivision thereof and is to be used exclusively for governmental functions, shall issue, upon payment by such applicant of a license fee of $1.00, a license plate which shall be displayed upon such vehicle in the same manner as provided for private vehicles. Such license plates shall be replaced at such time as other license plates issued for private vehicles are required to be replaced. Such license plates need not be replaced except if the license plates are mutilated, defaced, or lose legibility in the discretion of the municipality or political subdivision. (b) For all vehicles owned by the State of Georgia or any municipality or other political subdivision of this state, except those vehicles employed in covert or secret investigatory police functions to which regular Georgia license plates are issued and those vehicles owned by the Department of Public Safety, the commissioner shall provide for five-year registration and issuance of regular license plates for such vehicles. The five-year license plates issued pursuant to this subsection shall be identical in appearance to regular license plates issued for private vehicles, except that such five-year license plates shall not display any year of registration or registration expiration. Such license plates may be transferred as provided for in subsection (d) of

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this Code section. Such five-year license plates shall be issued at the beginning of a five-year license period as for private vehicles or shall be issued at the time the vehicle is purchased by the state, and all such license plates shall expire at the same time as regular license plates."
SECTION 2. 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
Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan
Coleman, B Y Cooper Y Crawford Y Cummings

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

Y 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 Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton
Millar Y Mills

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M
Thompson Walker, L Y Walker, R.L E Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Yates Coleman, Speaker

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On the passage of the Bill, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Mangham of the 62nd 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.

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 Senate:
SB 423. By Senator Henson of the 41st:
A BILL to be entitled an Act to amend Code Section 12-3-193 of the Official Code of Georgia Annotated, relating to the members of the Stone Mountain Memorial Association, so as to provide that one member must be a resident of the Stone Mountain area and one member must have a degree or background in botany; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 451. By Senators Henson of the 41st and Stokes of the 43rd:
A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and disclosure of exempting authority, so as to exempt certain records or information contained in records from the requirements of public disclosure; to repeal conflicting laws; and for other purposes.
SB 516. By Senators Zamarripa of the 36th, Williams of the 19th, Johnson of the 1st, Brown of the 26th and Harbison of the 15th:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to provide that the authority shall implement a program to provide for the development and expansion of streetcar

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transportation and attendant economic and community development opportunities; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 561. By Senators Lamutt of the 21st, Shafer of the 48th, Harp of the 16th, Moody of the 27th, Zamarripa of the 36th and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 10 of the Official Code of Georgia Annotated, relating to electronic records and signatures, so as to provide for the acceptance of digital or electronic signatures for warranty deed by state agencies; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 582. By Senators Meyer von Bremen of the 12th and Hooks of the 14th:
A BILL to be entitled an Act to amend Chapter 18 of Title 31 of the Official Code of Georgia Annotated, relating to treatment and rehabilitation of spinal cord disabled and head-injured persons, so as to change certain provisions relating to registration and reporting procedures; to change certain provisions relating to duties of the Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 608. By Senator Shafer of the 48th:
A BILL to be entitled an Act to amend Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to provide for the use of national standards for quality certification in the grant, maintenance, denial, or revocation of certificates of authority to health maintenance organizations; to provide for related matters; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 669. By Senators Adelman of the 42nd, Harp of the 16th, Hall of the 22nd, Zamarripa of the 36th, Brown of the 26th and others:
A RESOLUTION creating the Joint Study Committee on Truck and Highway Safety; and for other purposes.
SR 869. By Senators Levetan of the 40th and Henson of the 41st:

WEDNESDAY, MARCH 17, 2004

2317

A RESOLUTION designating the Judge Jim Weeks Intersection; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:

SB 423. By Senator Henson of the 41st:
A BILL to be entitled an Act to amend Code Section 12-3-193 of the Official Code of Georgia Annotated, relating to the members of the Stone Mountain Memorial Association, so as to provide that one member must be a resident of the Stone Mountain area and one member must have a degree or background in botany; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

SB 451. By Senators Henson of the 41st and Stokes of the 43rd:
A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and disclosure of exempting authority, so as to exempt certain records or information contained in records from the requirements of public disclosure; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 516. By Senators Zamarripa of the 36th, Williams of the 19th, Johnson of the 1st, Brown of the 26th and Harbison of the 15th:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to provide that the authority shall implement a program to provide for the development and expansion of streetcar transportation and attendant economic and community development opportunities; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Transportation.

SB 561. By Senators Lamutt of the 21st, Shafer of the 48th, Harp of the 16th, Moody of the 27th, Zamarripa of the 36th and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 10 of the Official Code of Georgia Annotated, relating to electronic records and signatures, so as to provide for the acceptance of digital or electronic signatures for warranty deed by state agencies; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 582. By Senators Meyer von Bremen of the 12th and Hooks of the 14th:
A BILL to be entitled an Act to amend Chapter 18 of Title 31 of the Official Code of Georgia Annotated, relating to treatment and rehabilitation of spinal cord disabled and head-injured persons, so as to change certain provisions relating to registration and reporting procedures; to change certain provisions relating to duties of the Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services.

SB 608. By Senator Shafer of the 48th:
A BILL to be entitled an Act to amend Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to provide for the use of national standards for quality certification in the grant, maintenance, denial, or revocation of certificates of authority to health maintenance organizations; to provide for related matters; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

WEDNESDAY, MARCH 17, 2004

2319

SR 669. By Senators Adelman of the 42nd, Harp of the 16th, Hall of the 22nd, Zamarripa of the 36th, Brown of the 26th and others:
A RESOLUTION creating the Joint Study Committee on Truck and Highway Safety; and for other purposes.

Referred to the Committee on Motor Vehicles.

SR 869. By Senators Levetan of the 40th and Henson of the 41st:
A RESOLUTION designating the Judge Jim Weeks Intersection; and for other purposes.

Referred to the Committee on Transportation.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1259. By Representatives Burmeister of the 96th, Smith of the 87th, Randall of the 107th, Rynders of the 137th, Manning of the 32nd and others:
A BILL to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to require that the photographs of certain persons convicted of certain assaults and batteries involving family violence and stalking and aggravated stalking offenses shall be published in the legal organ of the county in which such person is convicted; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to require that the photographs of certain persons convicted of certain assaults and batteries involving family violence and stalking and

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aggravated stalking offenses shall be published in the legal organ of the county in which such person is convicted; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended by adding a new subsection (f) to Code Section 16-5-20, relating to simple assault, to read as follows:
"(f)(1) The clerk of the court in which a person is convicted of a third violation of subsection (d) of this Code section within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, shall cause to be published a notice of conviction for such person. Such notice of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, the name and address of the convicted person, and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. (2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed. (3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided that such publication was made in good faith."
SECTION 2. Said chapter is further amended by adding a new subsection (i) to Code Section 16-5-23, relating to simple battery, to read as follows:
"(i)(1) The clerk of the court in which a person is convicted of a third violation of subsection (f) of this Code section within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, shall cause to be published a notice of conviction for such person. Such notice of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides

WEDNESDAY, MARCH 17, 2004

2321

or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, the name and address of the convicted person, and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. (2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed. (3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided that such publication was made in good faith."
SECTION 3. Said chapter is further amended by adding a new subsection (m) to Code Section 16-523.1, relating to battery, to read as follows:
"(m)(1) The clerk of the court in which a person is convicted of a third violation of subsection (f) of this Code section within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, shall cause to be published a notice of conviction for such person. Such notice of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, the name and address of the convicted person, and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. (2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed. (3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided that such publication was made in good faith."

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SECTION 4. Said chapter is further amended by adding a new subsection (e) to Code Section 16-5-90, relating to stalking, to read as follows:
"(e)(1) The clerk of the court in which a person is convicted of a third violation of this Code section within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, shall cause to be published a notice of conviction for such person. Such notice of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, the name and address of the convicted person, and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. (2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed. (3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided that such publication was made in good faith."
SECTION 5. Said chapter is further amended by adding a new subsection (c) to Code Section 16-5-91, relating to aggravated stalking, to read as follows:
"(c)(1) The clerk of the court in which a person is convicted of a third violation of this Code section within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, shall cause to be published a notice of conviction for such person. Such notice of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, the name and address of the convicted person, and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made.

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2323

(2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed. (3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided that such publication was made in good faith."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Boggs of the 145th et al. move to amend the Committee substitute to HB 1259 by inserting after "convicted;" on line 5 on page 1 "to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the state sexual offender registry, so as to require that the photograph of a person who is convicted of certain crimes for which such person is required to register as a sexual offender shall be published in the legal organ of the county in which such person was convicted;".
By inserting after line 1 on page 5 the following:
"Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the state sexual offender registry, is amended by adding a new subsection (n) to read as follows:
'(n)(1) The clerk of the court in which a person is convicted of a crime for which such person is required to register under this Code section shall cause to be published a notice of conviction for such person. Such notice of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, the name and address of the convicted person, and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. (2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed.

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(3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided that such publication was made in good faith.'
SECTION 7."

The Committee substitute, as amended, was adopted.

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

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

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

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

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

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

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

Y Crawford Cummings

WEDNESDAY, MARCH 17, 2004

E Henson Y Hill, C

Millar Y Mills

Shaw Y Sheldon

2325
Y Yates Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 131, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representatives Douglas of the 73rd, Forster of the 3rd and Jenkins of the 8th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 484. By Representatives Jenkins of the 93rd, Boggs of the 145th and Mangham of the 62nd:
A BILL to amend Code Section 17-5-54 of the Official Code of Georgia Annotated, relating to disposition of personal property in custody of a law enforcement agency, so as to change the provisions relating to the disposition of personal property in custody of a law enforcement agency; and for other purposes.

The following substitute, offered by Representatives Jenkins of the 93rd and Knox of the 14th, Post 1, was read and adopted:

A BILL
To amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized, so as to change the provisions relating to the disposition of personal property in custody of a law enforcement agency; to change provisions relating to designation of custodian for introduced evidence, evidence logs, storage, maintenance, and disposal of evidence; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized, is amended by striking paragraph (1) of subsection (a)

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Code Section 17-5-54, relating to disposition of personal property in custody of a law enforcement agency, and inserting in lieu thereof the following:
"(a)(1) Except as otherwise provided in Code Sections 17-5-55 and 17-5-56 and subsections (d), (e), and (e)(f) of this Code section, when a law enforcement agency assumes custody of any personal property which is the subject of a crime or has been abandoned or is otherwise seized, a disposition of such property shall be made in accordance with the provisions of this Code section. When a final verdict and judgment is entered finding a defendant guilty of the commission of a crime, any personal property used as evidence in the trial shall be returned to the rightful owner of the property. All personal property in the custody of a law enforcement agency, including personal property used as evidence in a criminal trial, which is unclaimed after a period of 90 days following its seizure, or following the final conviction verdict and judgment in the case of property used as evidence, and which is no longer needed in a criminal investigation or for evidentiary purposes in accordance with Code Section 17-5-55 or 17-5-56 shall be subject to disposition by the law enforcement agency. The sheriff, chief of police, or other executive officer of a law enforcement agency shall make application to the superior court for an order to retain, sell, or discard such property. In the application the officer shall state each item of personal property to be retained, sold, or discarded. Upon the superior courts granting an order for the law enforcement agency to retain such property, the law enforcement agency shall retain such property for official use. Upon the superior courts granting an order which authorizes that the property be discarded, the law enforcement agency shall dispose of the property as other salvage or nonserviceable equipment. Upon the superior courts granting an order for the sale of personal property, the officer shall provide for a notice to be placed once a week for four weeks in the legal organ of the county specifically describing each item and advising possible owners of items of the method of contacting the law enforcement agency; provided, however, that miscellaneous items having an estimated fair market value of $75.00 or less may be advertised or sold, or both, in lots. Such notice shall also stipulate a date, time, and place said items will be placed for public sale if not claimed. Such notice shall also stipulate whether said items or groups of items are to be sold in blocks, by lot numbers, by entire list of items, or separately."
SECTION 2. Said article is further amended by striking subsection (a) of Code Section 17-5-55, relating to designation of custodian for introduced evidence, evidence logs, storage, maintenance, and disposal of evidence, and inserting in lieu thereof the following:
"(a) In all criminal cases, the court shall designate either the clerk of court, the court reporter, or any other officer of the court to be the custodian of any property that is introduced into evidence during the pendency of the case. Property introduced into evidence shall be identified or tagged with an exhibit number. After verdict and judgment has been entered in any criminal case, the person who has custody of the physical evidence introduced in the case shall inventory the evidence and create an

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2327

evidence log within 30 days of the entry of the judgment. Within 30 days following the creation of the evidence log, physical evidence shall be returned to the rightful owner of the property unless the physical evidence itself is necessary for the appeal of the case, for a new trial, or for purposes of complying with this Code section or Code Section 175-56. The evidence log shall contain the case number, style of the case, description of the item, exhibit number, the name of the person creating the evidence log, and the location where the physical evidence is stored. After the evidence log is completed, the judge shall designate the clerk of court, the prosecuting attorney, or the law enforcement agency involved in prosecuting the case to obtain and store the evidence, and a notation shall appear in the evidence log indicating the transfer of evidence. If evidence is transferred to any other party, the evidence log shall be annotated to show the identity of the person or entity receiving the evidence, the date of the transfer, and the location of the evidence. The signature of any person or entity to which physical evidence is transferred shall be captured through electronic means that will be linked to the evidence log or the use of a property transfer form that will be filed with the evidence log. When physical evidence, other than audio or video recordings, is transferred to any person or entity, a photograph or other visual image of the evidence shall be made and placed in the case file."
SECTION 3. 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, was agreed to, by substitute.

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

Y Amerson Y Anderson
Ashe Y Bannister
Barnard Y Barnes Y Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs
Bordeaux Borders Y Bridges Brock Y Brooks Y Broome Y Brown

Y Day Dean
Y Deloach Dix Dodson
Y Dollar Y Dooley
Douglas Drenner Dukes Ehrhart Elrod Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Forster

Y Hill, C.A Hill, V
Y Hines Holmes Houston
Y Howard Howell
Y Hudson Y Hugley
Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce
Keen

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby
Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B
Oliver, M O'Neal Orrock Parham Parrish Y Parsons Porter Y Powell

Y Sholar Y Sims
Sinkfield Skipper Y Smith, B Y Smith, L Smith, P Smith, T Y Smith, V Smyre Y Snow Y Stanley-Turner Y Stephens, E Stephens, R Y Stephenson Stokes Y Stoner Y Teilhet

2328
E Bruce Y Buck Y Buckner, D
Buckner, G Y Bunn
Burkhalter Y Burmeister
Butler Campbell Y Casas Y Chambers Y Channell Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Franklin Y Gardner Y Golick
Graves, D Y Graves, T
Greene Y Greene-Johnson
Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Y Knox Lane
Y Lewis Lord
Y Lucas Lunsford
Y Maddox Mangham
Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Millar Y Mills

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

Teper Y Thomas Morgan Y Thomas, A.M
Thompson Walker, L Y Walker, R.L E Warren Y Watson 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Forster of the 3rd, Post 1 and Mangham of the 62nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1653. By Representatives Smith of the 76th, Childers of the 13th, Post 1, Cummings of the 19th, Smith of the 13th, Post 2, Brown of the 89th and others:
A BILL to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, so as to change certain provisions relating to a definition of hearing impaired person and the Georgia Center for Hearing Impaired Persons; to create the Georgia Commission on the Hard of Hearing and provide for its members, powers, and duties; and for other purposes.

The following substitute, offered by Representative Smith of the 76th, was read and adopted:

WEDNESDAY, MARCH 17, 2004

2329

A BILL
To amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, so as to change certain provisions to relating to a definition of hearing impaired person and the Georgia Center for Hearing Impaired Persons; to create the Georgia Commission on the Hard of Hearing and provide for its members, powers, and duties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, is amended by striking Code Section 30-1-5, relating to a definition of hearing impaired person and the Georgia Center for Hearing Impaired Persons, and inserting in lieu thereof the following:
"30-1-5. (a)(1) For purposes of this Code section subsection, the term 'hearing impaired person' means any person whose hearing is totally impaired, is so seriously impaired as to prohibit the person from understanding oral communication spoken in a normal conversational tone, or as a result of either such impairment is severely speech impaired. (b)(2) The Department of Human Resources shall establish a Georgia Service Center for Hearing Impaired Persons. The center shall provide services to hearing impaired persons, which services shall include, without being limited to: (1)(A) Telecommunications Devices for the Deaf (TDD) relay services using nonhearing impaired third parties to connect hearing impaired persons with nonhearing impaired persons; (2)(B) A full range of counseling services to hearing impaired persons and their immediate families including, without being limited to, family, marital, and individual counseling; drug and alcohol abuse support groups; and parenting skills groups; and (3)(C) Community outreach services to inform the general public and state and local government agencies regarding the services provided by the center. (b)(1)(A) There is created the Georgia Commission on the Hard of Hearing, which shall consist of seven members. Five members shall be appointed by the Governor, one member shall be appointed by the Senate Committee on Assignments, and one member shall be appointed by the Speaker of the House of Representatives. At least three of the members shall be hard of hearing, and the remaining four members of the commission shall be selected from among parents of children who are hard of hearing and representatives of private providers of services to the hard of hearing. Each commission member shall serve for a three-year term and until a successor is appointed and qualified. No member shall serve more than two consecutive terms. Any vacancy on the commission for any reason other than expiration of term shall

2330

JOURNAL OF THE HOUSE

be filled in the same manner as the original appointment for the remainder of the unexpired term. (B) The commission shall select one member as chairperson. (C) The commission shall be attached to the Department of Human Resources for administrative purposes only as provided by Code Section 50-4-3. (2) Members of the commission shall serve as such without compensation but may be reimbursed from funds appropriated to the Department of Human Resources for reasonable and necessary expenses actually incurred in the performance of their duties. (3) The commission shall serve as the principal agency of the state to advocate on behalf of hard-of-hearing Georgians by working to ensure those persons have equal access to the services, programs, and opportunities available to others. (4) The commission shall: (A) Assist hard-of-hearing persons and parents of hard-of-hearing students in advocating for equal access to services, programs, and opportunities; (B) Advise the Governor, General Assembly, commissioner of human resources, and commissioner of community health on the development of policies, programs, and services affecting hard-of-hearing persons and on the use of appropriate federal and state moneys for such purposes; (C) Create a public awareness of the special needs and potential of hard-of-hearing persons; (D) Provide the Governor, General Assembly, commissioner of human resources, and commissioner of community health with a review of ongoing services, programs, and proposed legislation affecting hard-of-hearing persons; (E) Advise the Governor, General Assembly, commissioner of human resources, and commissioner of community health on statutes, rules, and policies necessary to ensure that hard-of-hearing persons have equal access to benefits and services provided to individuals in this state; (F) Recommend to the Governor, General Assembly, commissioner of human resources, and commissioner of community health legislation designed to improve the economic and social conditions of hard-of-hearing persons in this state; (G) Propose solutions to problems of hard-of-hearing persons in the areas of education, employment, human rights, human services, health, housing, and other related programs; (H) Work with other state and federal agencies and organizations to promote economic development for hard-of-hearing Georgians; and (I) Coordinate its efforts with the Georgia Service Center for Hearing Impaired Persons and other state and local agencies serving hard-of-hearing persons. (5) The commission may appoint, subject to the availability of funds and approval of the Governor, an executive director who must be experienced in administrative activities and familiar with the problems and needs of hard-of-hearing persons. The commission may delegate to the executive director any powers and duties under this subsection that do not require commission approval. The executive director may be

WEDNESDAY, MARCH 17, 2004

2331

removed at any time by a majority vote of the commission. The executive director shall coordinate the provision of necessary support services to the commission with the Department of Human Resources. Subject to availability of funds, the executive director may employ and direct staff necessary to carry out commission mandates, policies, activities, and objectives. (6) The commission may contract in its own name. Contracts must be approved by a majority of the members of the commission and executed by the chairperson and the executive director. The commission may apply for, receive, and expend in its own name grants and gifts of money consistent with the powers and duties specified in this subsection. (7) The commission may prepare and distribute periodic reports to the Governor, General Assembly, commissioner of human resources, and commissioner of community health concerning the activities of the commission and the needs and concerns of hard-of-hearing Georgians."
SECTION 2. 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, was agreed to, by substitute.

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

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

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

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

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

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

2332
Burkhalter Y Burmeister
Butler Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Greene Y Greene-Johnson
Hanner Y Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin
Massey Y Maxwell Y McBee Y McCall Y McClinton
Millar Y Mills

Y Reece, S Y Rice
Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal
Rynders Y Sailor Y Scott
Shaw Y Sheldon

Y Walker, R.L E Warren Y Watson
Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 115, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Mangham of the 62nd 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.

HB 557. By Representatives Borders of the 142nd, Black of the 144th and Shaw of the 143rd:
A BILL to amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to provide that any person who was serving as a juvenile court judge on July 1, 2004, and who was not a member of any state or local retirement system or pension fund may become a member of the Georgia Judicial Retirement System; to provide that any such person may obtain up to five years of creditable service upon payment of the employer's and employee's contribution with interest; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to provide that

WEDNESDAY, MARCH 17, 2004

2333

any person who was serving as a juvenile court judge on July 1, 2004, and who was not a member of any state or local retirement system or pension fund may become a member of the Georgia Judicial Retirement System; to provide that any such person may obtain up to five years of creditable service upon payment of the employers and employees contribution with interest; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, is amended by inserting at the end thereof the following:
"47-23-50. (a) Any person who on July 1, 2004, was serving as a juvenile court judge and who was not a member of any state or local retirement system or pension fund may make an irrevocable election to become a member of this system. Such election must be made in writing to the board of trustees not later than December 31, 2004. (b) Any member who becomes a member under the provisions of subsection (a) of this Code section may obtain up to five years of creditable service for prior service as a juvenile court judge by paying to the board of trustees the employer and employee contributions that would have been made if he or she had been a member of this retirement system together with regular interest thereon, compounded annually, based upon his or her compensation at the time such service was rendered. No service may be used for purposes of this subsection which may also be used for credit in any other public retirement system or pension fund."
SECTION 2. This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. 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:

2334

JOURNAL OF THE HOUSE

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

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

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

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

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

On the passage of the Bill, by substitute, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Forster of the 3rd, Post 1 and Mangham of the 62nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HR 1440. By Representatives Birdsong of the 104th, Parham of the 94th and Jenkins of the 93rd:

WEDNESDAY, MARCH 17, 2004

2335

A RESOLUTION designating the Bill Conn Parkway; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 1454. By Representative Birdsong of the 104th:
A RESOLUTION designating the "Max R. Davey Bridge"; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 1455. By Representative Birdsong of the 104th:
A RESOLUTION honoring the memory of Mr. C. L. Mapp and designating the "C. L. Mapp Bridge"; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 1456. By Representative Birdsong of the 104th:
A RESOLUTION honoring the memory of Chief J. A. Fountain and designating the "Chief J. A. Fountain Bridge"; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 1460. By Representatives Burkhalter of the 36th, Martin of the 37th, Jones of the 38th, Willard of the 40th and Campbell of the 39th:
A RESOLUTION designating the Bob Fulton Memorial Highway; and for other purposes.

2336

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 1469. By Representative Stokes of the 72nd:
A RESOLUTION designating a section of Highway 81 from the Covington city limit (Washington Street) north to Monticello Street as the Forest ''Preacher" Sawyer Memorial Parkway; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 1472. By Representative Sims of the 130th:
A RESOLUTION designating the first bridge south of Willacoochee between Willacoochee and Lakeland on SR 135 South as the Johnny Wayne Spivey Bridge; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 1473. By Representative Sims of the 130th:
A RESOLUTION designating the bridge between Broxton and Douglas on US 441 as the Ricky L. Crockett Bridge; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 1530. By Representative Hugley of the 113th:
A RESOLUTION recognizing Honorable Aaron Cohn and designating the Aaron Cohn Regional Youth Detention Center; and for other purposes.

WEDNESDAY, MARCH 17, 2004

2337

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolutions, the ayes were 103, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.

HB 653. By Representatives Rogers of the 15th, Smith of the 13th, Post 2, Buckner of the 82nd, Rynders of the 137th, O`Neal of the 117th and others:
A BILL to amend Code Section 16-12-171 of the Official Code of Georgia Annotated, relating to prohibited acts related to sale or distribution to or purchase by minors of cigarettes and tobacco related objects, so as to prohibit possession of cigarettes of tobacco related objects by minors; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 16-12-171 of the Official Code of Georgia Annotated, relating to prohibited acts related to sale or distribution to or purchase by minors of cigarettes and tobacco related objects, so as to prohibit possession of cigarettes or tobacco related objects by minors; to provide for an exception; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-12-171 of the Official Code of Georgia Annotated, relating to prohibited acts related to sale or distribution to or purchase by minors of cigarettes and tobacco related objects, is amended by striking paragraph (1) of subsection (b) and inserting in lieu thereof the following:
"(b)(1) It shall be unlawful for any minor to: (A) Purchase or possess for personal use any cigarettes or tobacco related objects. This subparagraph shall not apply to possession of cigarettes or tobacco related objects by a minor when a parent or guardian of such minor gives the cigarettes or tobacco related objects to the minor and possession is in the home of the parent or guardian and such parent or guardian is present; or

2338

JOURNAL OF THE HOUSE

(B) Misrepresent such minors identity or age or use any false identification for the purpose of purchasing or procuring any cigarettes or tobacco related objects."
SECTION 2. 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 N Anderson N Ashe Y Bannister N Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux
Borders N Bridges Y Brock
Brooks Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Channell Y Childers Y Coan Y Coleman, B Y Cooper N Crawford N Cummings

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

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

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

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

WEDNESDAY, MARCH 17, 2004

2339

On the passage of the Bill, by substitute, the ayes were 106, nays 44.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Manning of the 32nd and Rynders of the 137th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 1680. By Representatives Smith of the 87th, Westmoreland of the 86th, Harper of the 88th, Post 2, Butler of the 88th, Post 1, Brown of the 89th and others:
A RESOLUTION commending the Coweta County African American Heritage Museum and Research Center and inviting Ms. Cynthia Rosers to appear before the House of Representatives; and for other purposes.

HR 1681. By Representatives Smith of the 87th, Westmoreland of the 86th, Harper of the 88th, Post 2, Butler of the 88th, Post 1 and Brown of the 89th:
A RESOLUTION commending Cody Disque and inviting him to appear before the House of Representatives; and for other purposes.

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

HB 1708. By Representatives Channell of the 77th, Parrish of the 102nd, Shaw of the 143rd, Orrock of the 51st and Teilhet of the 34th, Post 2:
A BILL to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to express certain legislative findings with respect to state reduction in force programs and furlough programs; to generally prohibit agencies from hiring new employees during or shortly after the use of any such porgram; and for other purposes.

2340

JOURNAL OF THE HOUSE

The following substitute, offered by Representatives Channell of the 77th, Parrish of the 102nd and Shaw of the 143rd was read and adopted:

A BILL
To amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to prohibit agencies from hiring new supervisory employees during or shortly after the use of any reduction in force or furlough program; to provide for exemptions; to provide for other related matters; to provide for automatic repeal; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by adding at its end a new Code Section 45-1-7 to read as follows:
"45-1-7. (a) As used in this Code section, the term:
(1) 'Agency' means any department, board, bureau, commission, authority, or other agency of the state. (2) 'Supervisory employee' means any employee who supervises the job performance of one or more other employees or to whom one or more other employees report. (b) No agency shall during any period of time when a program of mandatory furloughs is in effect in such agency or within 90 days following the close of such a period of time hire any new supervisory employee. (c) If any state agency implements a reduction in force program, that agency shall not hire any new supervisory employee while such program is in effect or within 180 days after the last termination of employment resulting from the reduction in force. (d) An executive order of the Governor applicable to a specific agency for a specific limited period of time and a specific number of positions may authorize a specific exemption from the provisions of subsection (b) or (c) of this Code section, if the executive order makes a finding that the hiring authorized therein is necessary in the best interest of the state. (e) The provisions of this Code section are not in any manner intended to apply with respect to or be triggered by any employees voluntary absence from employment or any termination of employment resulting from any reason other than a reduction in force program. (f) This Code section shall stand repealed on January 1, 2008."

WEDNESDAY, MARCH 17, 2004

2341

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

N 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 Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

Y Hill, C.A Y Hill, V Y Hines Y Holmes
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 N Joyce Y Keen
Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton
Millar Y Mills

Y Mitchell Y 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 Y Parham Y Parrish Y Parsons Y Porter Y Powell
Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 E Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

2342

JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, the ayes were 164, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR WEDNESDAY, MARCH 17, 2004

Mr. Speaker and Members of the House:
Your Committee on Rules has met and submits the following supplemental to the calendar already adopted this March 17, 2004, by adding the following:

HB 205 HB 609 HB 1093 HB 1136 HB 1150 HB 1167 HB 1184 HB 1227 HB 1281 HB 1456 HB 1471 HB 1561 HB 1565
HB 1579 HB 1620 HB 1626 HB 1632 HB 1744 HB 1751 HB 1766 HB 1793 HR 1425 HR 1457

Special license plates; Boy Scouts of America Employees' Retirement; vested after 5 years' service Child molestation; first offender sentence; certain prohibition Transportation Infrastructure Bank Act; enact Counties; private trespass towing; licenses Architecture; registration to practice; amend requirements Sales tax exemption; school supplies; clothing; computers; limited time Jury duty; exempt certain caregivers and home school teachers State agencies; contracts for services; prohibit outside U.S. Aggravated assault, theft, armed robbery; certain cargo; fines Alcoholic beverages; Sunday sales; amend provisions Local victim assistance programs; funding; amend provisions Municipal corporations; lease property to nonprofit corporations; recreation Subsequent Injury Trust Fund; dissolution provisions Public property; restrooms; standards Interscholastic or intramural extracurricular athletic policy; provisions Juvenile proceedings; certain conviction; termination of parental rights Sales tax exemption; nonprofit organizations providing child services State employees' health insurance; coverage; certain health centers Aquaculture Development Act of 2004; enact provisions Torts; limiting liability of free health clinics; provide Solid Waste and Hazardous Water Response Trust Fund; create - CA Public funding; social services by religious organizations - CA

WEDNESDAY, MARCH 17, 2004

2343

Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Smyre of the 111th
Chairman

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1626. By Representatives Burkhalter of the 36th and Martin of the 37th:
A BILL to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to specific programs in elementary and secondary education, so as to provide that the State Board of Education shall develop a school interscholastic or intramural extracurricular athletic policy that provides for the use of a single, comprehensive, preparticipation physical examination form with an associated protocol as well as an education and awareness program for all student athletes, their parents or guardians, and school coaches and athletic trainers who are involved in interscholastic or intramural extracurricular sports; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to specific programs in elementary and secondary education, so as to provide that the State Board of Education shall develop a school interscholastic extracurricular athletic policy that provides for the use of a single, comprehensive, preparticipation physical examination form; to provide for physical examinations in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Ryan Boslet Bill."

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JOURNAL OF THE HOUSE

SECTION 2. Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to specific programs in elementary and secondary education, is amended by adding a new Code Section 20-2-319 to read as follows:
"20-2-319. (a) The State Board of Education shall develop, with input from appropriate experts and organizations, a school interscholastic extracurricular athletic policy that provides for the use of a single, comprehensive, preparticipation physical examination form. (b) As used in this Code section, the term 'participation' means participation in sports practices and actual interscholastic extracurricular sports competition. (c) Each school district shall require students who participate in extracurricular sports in grades 9 through 12 in the schools of the district to have a physical examination prior to participation. The person conducting the physical examination shall use the State Board of Education approved form pursuant to subsection (f) of this Code section, provided that the form may at the option of the local board include additional elements. (d) Each school district shall require students who continue to participate in extracurricular sports in grades 9 through 12 to have an annual physical examination for the purpose of updating the prescribed health form. (e) Any physical examination required by this Code section shall be conducted by a physician possessing an unrestricted license to practice medicine under Chapter 34 of Title 43. (f) The State Board of Education shall appoint an appropriate committee to create the comprehensive, preparticipation physical examination form to be used for physical examinations required by this Code section. The committee may consult or work with appropriate voluntary organizations approved by the State Board of Education in adopting rules under this Code section. The form developed by the committee appointed under this subsection shall contain, but not be limited to, the following questions:
'1. Have you had a medical illness or injury since your last check up or sports physical?
Do you have an ongoing or chronic illness? 2. Have you ever been hospitalized overnight?
Have you ever had surgery? 3. Are you currently taking any prescription or nonprescription (over-the-counter) medications or pills or using an inhaler? 4. Have you ever taken any supplements (any product taken orally or intravenously that is not considered to be a food substance) or vitamins to help you gain or lose weight or improve your performance? 5. Do you have any allergies (for example, to pollen, medicine, food, or stinging insects)?
Have you ever had a rash or hives develop during or after exercise? 6. Have you ever passed out during or after exercise?
Have you ever been dizzy during or after exercise?

WEDNESDAY, MARCH 17, 2004

2345

Have you ever had chest pain during or after exercise? Do you get tired more quickly than your friends do during exercise? Have you ever had racing of your heart or skipped heartbeats? Do you have high blood pressure or high cholesterol? Have you ever been told you have a heart murmur? Has any family member or relative died of heart problems or of sudden death before age 50? Have you had a severe viral infection (for example, myocarditis or mononucleosis) within the last month? Has a physician ever denied or restricted your participation in sports for any heart problems? 7. Do you have any current skin problems (for example, itching, rashes, acne, warts, fungus, or blisters)? 8. Have you ever had a head injury or concussion? Have you ever been knocked out, become unconscious, or lost your memory? Have you ever had a seizure? Do you have frequent or severe headaches? Have you ever had numbness or tingling in your arms, hands, legs, or feet? Have you ever had a stinger, burner, or pinched nerve? 9. Have you ever become ill from exercising in the heat? 10. Do you cough, wheeze, or have trouble breathing during or after activity? Do you have asthma? Do you have seasonal allergies that require medical treatment? 11. Do you use any special protective or corrective equipment or devices that are not usually used for your sport or position (for example, knee brace, special neck roll, foot orthotics, retainer on your teeth, or hearing aid)? 12. Do you have any problems with your eyes or vision? Do you wear glasses, contacts, or protective eyewear? 13. Have you ever had a sprain, strain, or swelling after injury? Have you ever broken or fractured any bones or dislocated any joints? Have you ever had any other problems with pain or swelling in muscles, tendons, bones, or joints? 14. Do you want to weigh more or less than you do now? Do you lose weight regularly to meet weight requirements for your sport? 15. Do you feel stressed out? 16. Record the dates of your most recent immunizations (shots) for tetanus, measles, hepatitis B, and chickenpox. 17. Is there a history of Marfans Syndrome in your family? 18. Is there a history of premature (prior to age 50) onset of diabetes in your family? FEMALES ONLY 19. When was your first menstrual period? When was your most recent menstrual period?

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JOURNAL OF THE HOUSE

How much time do you usually have from the start of one period to the start of another? How many periods have you had in the last year? What was the longest time between periods in the last year?'"
SECTION 3. 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
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 Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

Y 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 Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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
Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L
Walker, R.L E Warren Y 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, MARCH 17, 2004

2347

On the passage of the Bill, by substitute, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1579. By Representatives Oliver of the 56th, Post 2, Watson of the 60th, Post 2, Bannister of the 70th, Post 1, Stephens of the 123rd, Smith of the 13th, Post 2 and others:
A BILL to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to provide that the Subsequent Injury Trust Fund shall not reimburse a selfinsured employer or an insurer for a subsequent injury for which a claim is made after June 30, 2004; to provide that the fund shall continue to reimburse self-insured employers and insurers for claims made prior to July 1, 2004; to provide for dissolution of the fund; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to provide that the Subsequent Injury Trust Fund shall not reimburse a self-insured employer or an insurer for an injury occurring after June 30, 2007, for which a claim is made after June 30, 2007; to provide that the fund shall continue to reimburse self-insured employers and insurers for claims made prior to June 30, 2007; to provide for dissolution of the fund; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, is amended by inserting at the end thereof a new Code section to read as follows:
"34-9-368. (a) The Subsequent Injury Trust Fund shall not reimburse a self-insured employer or an insurer for a subsequent injury for which a claim is made for an injury occurring after June 30, 2007. The Subsequent Injury Trust Fund shall continue to reimburse self-

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JOURNAL OF THE HOUSE

insured employers or insurers for claims for injuries occurring on and prior to June 30, 2007, which qualify for reimbursement. (b) Self-insured employers and insurers shall continue to pay assessments pursuant to Code Section 34-9-358 to the extent necessary to fund claims for injuries occurring on and prior to June 30, 2007. (c) The Subsequent Injury Trust Fund is directed to complete an actuarial study not later than January 1, 2005. (d) Upon or in contemplation of the final payment of all claims filed for subsequent injuries for which claims are filed for injuries occurring on and prior to June 30, 2007, the board of trustees shall adopt and implement resolutions providing for the final dissolution of the Subsequent Injury Trust Fund. Such resolutions shall become effective when all claims made for injuries occurring on and prior to June 30, 2007, have been fully paid or otherwise resolved and shall include provisions for:
(1) The termination of assessments against insurers or self-insurers; (2) The pro rata refund of assessments previously collected and unexpended; (3) The termination of employment of the employees of the fund or the transfer of employment of any employees to any other state agency desiring to accept them; (4) A final accounting of the financial affairs of the fund; and (5) The transfer of the books, records, and property of the fund to the custody of the State Board of Workers Compensation. Upon the completion of all matters provided for in such resolutions, but not later than December 31, 2020, the Subsequent Injury Trust Fund and the members of its board of trustees shall be discharged from their duties except for such personnel necessary to administer any remaining claims."
SECTION 2. This Act shall become effective on July 1, 2004.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Oliver of the 56th, Post 2 and Porter of the 119th move to amend the Committee substitute to HB 1579 by striking on lines 4, 6, 16, 17, 21, and 25 of page 1 and on line 2 of page 2 the date "2007" and inserting in lieu thereof the date "2008".

The Committee substitute, as amended, was adopted.

WEDNESDAY, MARCH 17, 2004

2349

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

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

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

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

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

N Mitchell N Mobley Y Moraitakis
Morris N Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal
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 Y Smyre Y Snow Y Stanley-Turner N Stephens, E Y Stephens, R N Stephenson
Stokes Y Stoner N Teilhet N Teper Y Thomas Morgan Y Thomas, A.M Y Thompson N Walker, L Y Walker, R.L E Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 138, nays 22.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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JOURNAL OF THE HOUSE

Representative Heath of the 18th 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.

HB 1281. By Representatives Thompson of the 69th, Post 1, Howell of the 92nd, Moraitakis of the 42nd, Post 4, Crawford of the 91st, Noel of the 44th and others:
A BILL to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the organization of the executive branch, so as to provide that no state agency shall enter into a contract with a private entity for the provision of services if any such services will be performed outside the geographical boundaries of the United States; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, so as to provide that any telephone call center operated by or on behalf of a state agency or department for the purpose of fulfilling such state agencys or departments provision of government services shall be physically located within the United States; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, is amended by adding at its end a new Code Section 50-1-8 to read as follows:
"50-1-8. (a) As used in this Code section, the term:
(1) 'Call center' means an entity whose primary purpose includes the initiating or receiving of telephonic communications on behalf of any person for the purpose of providing or receiving services or information necessary in connection with the providing of services or other benefits. (2) 'Service' means a governmental service provided by an agency for the benefit of the public.

WEDNESDAY, MARCH 17, 2004

2351

(b) Any telephone call center operated by or on behalf of a state agency or department for the purpose of fulfilling such state agencys or departments provision of services shall be physically located within the United States."
SECTION 2. Nothing in this Act shall be construed to impair the contractual rights of any party to a contract with the state where the contract was entered into prior to the effective date of this Act.
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y 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
Jordan Joyce N Keen N Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham

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

Y Sholar Y Sims Y Sinkfield Y Skipper N 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 Y 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 E Warren Y Watson

2352
Y Campbell N Casas N Chambers
Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

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

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

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

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 135, nays 22.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Day of the 126th 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 Forster of the 3rd, Post 1 stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1751. By Representatives Stephens of the 123rd, Channell of the 77th, Parrish of the 102nd and Barnard of the 121st, Post 1:
A BILL to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for the circumstances under which the Board of Community Health may contract for the coverage of employees of governmental entities; 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
Bannister Y Barnard Y Barnes

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L

WEDNESDAY, MARCH 17, 2004

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

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

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

Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott
Shaw Y Sheldon

2353
Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 E Warren Y Watson 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, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1793. By Representative Childers of the 13th, Post 1:
A BILL to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to provide for limiting liability of free health clinics; to provide for definitions; to provide for applicability; 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:

2354

JOURNAL OF THE HOUSE

Y Amerson Y Anderson
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 Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

Y 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
Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock 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 Roberts, J Roberts, L Y Rogers, C Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 E Warren Y Watson Y Westmoreland
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, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1184. By Representatives Borders of the 142nd, Royal of the 140th, Buck of the 112th, Shaw of the 143rd and Black of the 144th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; and for other purposes.

WEDNESDAY, MARCH 17, 2004

2355

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 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 Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

Y Hill, C.A Y Hill, V Y Hines N 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 Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord N Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee N McCall Y McClinton
Millar Y Mills

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

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L
Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 E Warren Y Watson 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, the ayes were 160, nays 5. The Bill, having received the requisite constitutional majority, was passed.

Representatives Mangham of the 62nd, Rogers of the 20th and Shaw of the 143rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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JOURNAL OF THE HOUSE

HB 1744. By Representatives Graves of the 106th and Royal of the 140th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to certain sales to or by nonprofit organizations engaged primarily in providing child services; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to certain sales to or by certain nonprofit organizations engaged primarily in providing child services; to provide for conditions and limitations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by striking paragraph (41) and inserting in its place a new paragraph (41) to read as follows:
"(41) Sales of tangible personal property and services to orphans homes located in this state and operated as nonprofit corporations or by a child-caring institution as defined in paragraph (1) of Code Section 49-5-3, as amended; a child-placing agency as defined in paragraph (2) of Code Section 49-5-3, as amended; or a maternity home as defined in paragraph (14) of Code Section 49-5-3, as amended, when such institution, agency, or home is engaged primarily in providing child services and is a nonprofit, tax exempt organization under Section 501(c)(3) of the Internal Revenue Code and obtains an exemption determination letter from the commissioner;".
SECTION 2. 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.

WEDNESDAY, MARCH 17, 2004

2357

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
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 Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

Y 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
Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

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

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 Y 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 E Warren Y Watson Y Westmoreland Y White Y Wilkinson N 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 164, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Jordan of the 83rd and Mangham of the 62nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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JOURNAL OF THE HOUSE

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

HR 1682. By Representatives Stephenson of the 60th, Post 1, Mobley of the 58th, Sinkfield of the 50th and Mitchell of the 61st, Post 3:
A RESOLUTION honoring Delta Sigma Theta Sorority, Inc.; declaring March 19, 2004, as Delta Sigma Theta Day; inviting representatives of the sorority to appear before this body; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1150. By Representatives Smith of the 13th, Post 2, Parham of the 94th, Greene of the 134th, Snow of the 1st, Smith of the 110th and others:
A BILL to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars or trespassing personal property, so as to provide that the governing authority of a county may license towing and storage firms in the unincorporated areas of a county; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to provide for qualifications for towing and storage firms to serve on a rotation list providing wrecker services for this state or any political subdivision thereof; to provide that the commissioner of the Department of Motor Vehicle Safety may establish rules and regulations for eligibility to serve on rotation lists; to provide for inspections and fees; to provide that the governing authority of a county may license towing and storage firms in the county; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

WEDNESDAY, MARCH 17, 2004

2359

SECTION 1. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in Code Section 44-1-13, relating to removal of improperly parked cars or trespassing personal property, by striking subsections (a) and (d) and inserting in lieu thereof new subsections (a), (d), (d.1), and (d.2) to read as follows:
"(a) Any person or his or her authorized agent entitled to the possession of any parcel or space of private real property, hereinafter referred to as 'private property,' shall have the right to remove or cause to be removed from the property any vehicle or trespassing personal property thereon which is not authorized to be at the place where it is found and to store or cause to be stored such vehicle or trespassing personal property, provided that there shall have been conspicuously posted on the private real property notice that any vehicle or trespassing personal property which is not authorized to be at the place where it is found may be removed at the expense of the owner of the vehicle or trespassing personal property. Such notice shall also include information as to the location where the vehicle or personal property can be recovered, the cost of said recovery, and information as to the form of payment; provided, however, that the owner of private residential property containing not more than four residential units shall not be required to comply with the posting requirements of this subsection. Only towing and storage firms issued permits or licenses by the local municipal or county governing authority of the jurisdiction in which they operate or by the Department of Motor Vehicle Safety, and having a secure impoundment facility, shall be permitted to remove trespassing property vehicles and trespassing personal property at the request of the owner or authorized agent of the private property. The licensing authority of a county governing authority shall be limited to towing and storage firms located in the county." "(d) The municipal or county governing authority of each municipality having towing and storage firms operating within its territorial boundaries may issue a license or permit to engage in private trespass towing pursuant to this Code section to any firm meeting the qualifications imposed by said governing authority. The licensing authority of a county governing authority shall be limited to towing and storage firms located in the county. The fee for the license or permit shall be set by such governing authority. The maximum reasonable costs of removal, relocation, and storage pursuant to the provisions of this Code section shall be compensatory, as such term is used in the public utility rate-making procedures, and shall be established annually by the governing authority of each municipality or county having towing and storage firms operating within its territorial boundaries; provided, however, that no storage fees shall be charged for the first 24 hour period which begins at the time the vehicle is removed from the property, and no such fees shall be allowed for the removal and storage of vehicles removed by towing and storage firms found to be in violation of this Code section. (d.1) Towing and storage firms operating in multiple jurisdictions shall be subject to regulation by the Department of Motor Vehicle Safety. Any towing and storage firm that is issued a permit by the Department of Motor Vehicle Safety shall not be required

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to obtain any additional trespass towing licenses or permits from the municipality, county, or consolidated government. (d.2) The Department of Motor Vehicle Safety may establish rules and regulations regarding the disposition of trespassing vehicles, vehicle contents, and other trespassing personal property."
SECTION 2. Said title is further amended by inserting a new Code Section 44-1-13.1 to read as follows:
"44-1-13.1. (a) Any towing and storage firm which serves on a rotation list providing wrecker services for this state or any political subdivision thereof shall, upon funding, be certified by the department. The commissioner may establish by rule and regulation the criteria for a towing and storage firm to obtain a permit of eligibility for the rotation list. A towing and storage firm must maintain the minimum amount of liability insurance prescribed by the department to be eligible to serve on a rotation list providing wrecker services for this state or any political subdivision thereof. (b) A towing and storage firm that applies for inclusion on a rotation list providing wrecker services for this state or any political subdivision thereof shall comply with the relevant safety laws, regulations, and policies of the department. To ensure compliance, prior to approval to serve on a rotation list, each towing and storage firm within the state and each vehicle utilized by such towing and storage firm must successfully pass an annual inspection by a department law enforcement officer who is certified to perform such inspection. The department shall require safety and mechanical inspections at least on an annual basis for each vehicle utilized by such towing and storage firm. The commissioner shall provide, by rule and regulation, for the scope of such inspections, the qualifications of persons who may conduct facility inspections, and the manner by which the results of such inspections shall be reported to the department. Such inspections shall be performed annually and shall satisfy the requirements for this state or any political subdivision thereof regarding inspection and certification of vehicles utilized as towing vehicles by such towing and storage firms. (c) The commissioner may establish such fees as deemed appropriate for the certification and inspection of the facilities and vehicles as provided in subsection (b) of this Code section."
SECTION 3. This section and Sections 1 and 4 of this Act shall become effective on October 1, 2004. Section 2 of this Act shall become effective on January 1, 2005.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, MARCH 17, 2004

2361

The 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
Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

Y Hill, C.A 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 N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton
Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 E 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

On the passage of the Bill, by substitute, the ayes were 159, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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JOURNAL OF THE HOUSE

Representative White of the 3rd, Post 2 stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Mangham of the 62nd 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.

HR 1425. By Representatives Mosley of the 129th, Post 1, Floyd of the 132nd, Hanner of the 133rd, McCall of the 78th, Porter of the 119th and others:
A RESOLUTION proposing an amendment to the Constitution so as to require the General Assembly to provide by general law for the creation of a Georgia Solid Waste and Hazardous Waste Response Trust Fund from which funds shall be disbursed as provided by general law to protect the public health and safety and the environment from the release of contaminants and hazardous substances; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION
Proposing an amendment to the Constitution so as to require the General Assembly to provide by general law for the creation of a Georgia Solid Waste and Hazardous Waste Trust Fund from which funds shall be disbursed as provided by general law to protect the public health and safety and the environment from the release of contaminants, hazardous waste, hazardous constituents, and hazardous substances; to provide for payments into the trust fund; to provide for the applicability of certain provisions of the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article III, Section IX, Paragraph VI of the Constitution is amended by adding a new subparagraph immediately following subparagraph (m), to be designated subparagraph (n), to read as follows:
"(n) The General Assembly shall provide by general law for the creation of a Georgia Solid Waste and Hazardous Waste Trust Fund from which funds shall be disbursed as provided by general law to protect the public health and safety and the environment

WEDNESDAY, MARCH 17, 2004

2363

from the release of contaminants, hazardous waste, hazardous constituents, and hazardous substances; to ensure the proper disposal of solid waste, scrap tires, and other items which pose a substantial threat the public health and safety and the environment if improperly discarded; to fund activities related to the prevention of any such releases; to take corrective action when such improper disposal and releases occur; to finance the state and local share of the costs required by any federal or state law relating to such matters; to fund state oversight of corrective action at federal facilities; and to fund costs associated with trust fund programs. The General Assembly may provide by general law for the dedication and deposit into the trust fund of revenues from such source or sources as the General Assembly deems appropriate. The fund may have more than one account for programs related to the purposes of this subparagraph, and each such account may be funded and disbursed independently as provided by general law. The General Assembly may provide by law for the administration of the trust fund. Moneys paid into the trust fund shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to lapsing of funds, or of Article VII, Section III, Paragraph II, relative to funds paid into the state."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to require the General Assembly to provide by general law for the creation of a Georgia Solid Waste and Hazardous Waste Trust Fund from which funds
( ) NO shall be disbursed to protect the public health and safety and the environment from the release of contaminants, hazardous waste, hazardous constituents, and hazardous substances?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in such Paragraph of the Constitution, it shall become a part of the Constitution of this state and shall take effect as provided in Article X, Section I, Paragraph VI of the Constitution.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.

On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe

Y Day Y Dean Y Deloach

Y Hill, C.A Y Hill, V Y Hines

Y Mitchell Y Mobley Y Moraitakis

Y Sholar Y Sims Y Sinkfield

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

Y Dix Y Dodson
Dollar Y Dooley Y Douglas Y Drenner
Dukes Ehrhart Y Elrod Y Epps Y Fleming E 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 Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Heath Y Heckstall Y Hembree Y Henson E Hill, C

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

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

Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre
Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson
Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson 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 adoption of the Resolution, by substitute, the ayes were 160, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Representatives Mangham of the 62nd and Stokes of the 72nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 609. By Representatives Cummings of the 19th and Smith of the 110th:
A BILL to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to

WEDNESDAY, MARCH 17, 2004

2365

provide that a member with at least five years of membership service shall be vested for a benefit; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide an option for membership in the Employees Retirement System of Georgia for certain officers under certain conditions; to provide an option for spouses survivor benefits pursuant to which a member who was unmarried at the time of retirement may revoke a certain designation of beneficiary and establish such benefits for the current spouse; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety subsection (b) of Code Section 47-1-9, relating to crediting time toward Georgia Legislative Retirement System, restriction on crediting, options for members, refund of contributions, and construction of conflicting provisions, and inserting in lieu thereof the following:
"(b)(1) Subject to the limitations of paragraph (2) of this subsection, the provisions of subsection subsections (a) and (c) of this Code section shall not apply to any member of the General Assembly holding office on January 1, 1986, and any person who becomes a member of the General Assembly after that date who:
(A) Was a member of the Employees Retirement System of Georgia on that date; and (B) Received receives annual compensation as a member and officer of the General Assembly during any calendar year 1985, on which employee contributions to the Employees Retirement System of Georgia were based, exceeding the average annual compensation of all members of the Employees Retirement System of Georgia for such calendar year 1985. (2) Any member of the General Assembly subject to the provisions of paragraph (1) of this subsection who continues to receive annual compensation on and after January 1, 1986, as a member and officer of the General Assembly exceeding the average annual compensation of all members of the Employees Retirement System of Georgia may elect and continue membership in said retirement system. If during any calendar year the annual compensation of any such member of the General Assembly is equal to or less than the average annual compensation of all members of the

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Employees Retirement System of Georgia for that calendar year, then on the first day of January immediately following such calendar year such member of the General Assembly shall be subject to the provisions of subsection (c) of this Code section, and for the purposes of this paragraph, any reference in said subsection (c) to January 1, 1986, shall mean the first day of January immediately following such calendar year, and any reference in this Code section to December 31, 1985, shall mean the day immediately prior to the first day of January immediately following such calendar year."
SECTION 2. Said title is further amended by inserting at the end of Code Section 47-2-121, relating to optional retirement allowances under the Employees Retirement System of Georgia, a new subsection to read as follows:
"(i) Whenever any retired member was unmarried at the time of retirement and he or she has elected an optional allowance under this Code section and one or more children are designated to receive all amounts and benefits upon the death of the retired member, the retired member may revoke the election at any time after the member marries or remarries and designate the current spouse as the person to receive all amounts and benefits upon the death of the retired member. In such event, the member shall receive the applicable actuarially reduced retirement benefit of equivalent actuarial value and establish on behalf of the new spouse the same option which was applicable to the previously appointed child or children. Upon the death of such spouse or upon the entry of a final order of divorce, the provisions of subsection (h) of this Code section shall become applicable."
SECTION 3 This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Cummings of the 19th, was read and adopted:

A BILL To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and

WEDNESDAY, MARCH 17, 2004

2367

pensions, so as to provide an option for spouses survivor benefits pursuant to which a member who was unmarried at the time of retirement may revoke a certain designation of beneficiary and establish such benefits for the current spouse; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by inserting at the end of Code Section 47-2-121, relating to optional retirement allowances under the Employees Retirement System of Georgia, a new subsection to read as follows:
"(i) Whenever any retired member was unmarried at the time of retirement and he or she has elected an optional allowance under this Code section and one or more children are designated to receive all amounts and benefits upon the death of the retired member, the retired member may revoke the election at any time after the member marries or remarries and designate the current spouse as the person to receive all amounts and benefits upon the death of the retired member. In such event, the member shall receive the applicable actuarially reduced retirement benefit of equivalent actuarial value and establish on behalf of the new spouse the same option which was applicable to the previously appointed child or children. Upon the death of such spouse or upon the entry of a final order of divorce, the provisions of subsection (h) of this Code section shall become applicable."
SECTION 2 This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. 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, by substitute.

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 Day Y Dean Y Deloach

Y Hill, C.A Y Hill, V Y Hines

Y Mitchell Y Mobley Y Moraitakis

Y Sholar Y Sims Y Sinkfield

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

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

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

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

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 Y 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 E Warren Y Watson 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 155, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Jenkins of the 93rd and Mangham of the 62nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1456. By Representatives Greene of the 134th and Smith of the 13th, Post 2:
A BILL to amend Code Section 15-21-2 of the Official Code of Georgia Annotated, relating to payment into the county treasury of fines and forfeitures, so as to change the distribution of fines in certain cases; to amend

WEDNESDAY, MARCH 17, 2004

2369

Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain provisions relating to aggravated assault; to change certain provisions relating to penalties for various theft offenses under Code Sections 16-8-2 through 16-8-9; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain provisions relating to aggravated assault; to change certain provisions relating to penalties for various theft offenses under Code Sections 168-2 through 16-8-9; to change certain provisions relating to armed robbery, robbery by intimidation, and taking a controlled substance from a pharmacy in the course of committing such offense; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Code Section 16-5-21, relating to aggravated assault, by inserting a new subsection to read as follows:
"(f.1) Any person who commits the offense of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, shall upon conviction be punished by imprisonment for not less than 20 years, a fine not less than $50,000 nor more than $200,000, or both such fine and imprisonment. For purposes of this subsection, the term 'vehicle' includes without limitation any railcar."
SECTION 2. Said title is further amended in Code Section 16-8-12, relating to penalties for violations of Code Sections 16-8-2 through 16-8-9 , by striking "or" at the end of paragraph (6), striking the period at the end of paragraph (7) and inserting "; or" in lieu thereof, and adding a new paragraph in subsection (a) to read as follows:
"(8) If the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, by imprisonment for not less than five

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years nor more than ten years, a fine not less than $10,000 nor more than $50,000, or both such fine and imprisonment. For purposes of this paragraph, the term 'vehicle' includes without limitation any railcar."
SECTION 3. Said title is further amended in Code Section 16-8-41, relating to armed robbery, robbery by intimidation, and taking a controlled substance from a pharmacy in the course of committing such offense, by inserting a new subsection to read as follows:
"(c.1) The provisions of subsections (b) and (c) of this Code section notwithstanding, in any case in which the defendant commits armed robbery and the property that was the subject of the armed robbery was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, then upon conviction the defendant shall be punished by imprisonment for not less than 20 years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For purposes of this subsection, the term 'vehicle' includes without limitation any railcar."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Greene of the 134th and Smith of the 13th, Post 2, was read:

A BILL
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain provisions relating to aggravated assault; to change certain provisions relating to penalties for various theft offenses under Code Sections 168-2 through 16-8-9; to change certain provisions relating to armed robbery, robbery by intimidation, and taking a controlled substance from a pharmacy in the course of committing such offense; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Code Section 16-5-21, relating to aggravated assault, by inserting a new subsection to read as follows:
"(f.1) Any person who commits the offense of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of

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the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, shall upon conviction be punished by imprisonment for not less than five years nor more than 20 years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For purposes of this subsection, the term 'vehicle' includes without limitation any railcar."
SECTION 2. Said title is further amended in Code Section 16-8-12, relating to penalties for violations of Code Sections 16-8-2 through 16-8-9 , by striking "or" at the end of paragraph (6), striking the period at the end of paragraph (7) and inserting "; or" in lieu thereof, and adding a new paragraph in subsection (a) to read as follows:
"(8) If the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, by imprisonment for not less than three years nor more than ten years, a fine not less than $5,000.00 nor more than $50,000.00, or both such fine and imprisonment. For purposes of this paragraph, the term 'vehicle' includes without limitation any railcar."
SECTION 3. Said title is further amended in Code Section 16-8-41, relating to armed robbery, robbery by intimidation, and taking a controlled substance from a pharmacy in the course of committing such offense, by inserting a new subsection to read as follows:
"(c.1) The provisions of subsections (b) and (c) of this Code section notwithstanding, in any case in which the defendant commits armed robbery and the property that was the subject of the armed robbery was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, then upon conviction the defendant shall be punished by imprisonment for not more than five years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For purposes of this subsection, the term 'vehicle' includes without limitation any railcar."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

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Representative Greene of the 134th et al. move to amend the Floor substitute to HB 1456 as follows:
On page 2, delete Section 3 in its entirety.
Renumber other section.

The Floor substitute, as amended, was adopted.

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

On the passage of the Bill, by substitute, as amended, 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 Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper

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

Y 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 Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin
Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton

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

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 Y 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 E Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix

Y Crawford Y Cummings

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Henson E Hill, C

Y Millar Y Mills

Y Shaw Y Sheldon

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Y Yates Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Mangham of the 62nd 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.

HB 1565. By Representatives Lunsford of the 85th, Post 2, Howell of the 92nd and Yates of the 85th, Post 1:
A BILL to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to the disposition of municipal property generally, so as to provide that the General Assembly may by local Act authorize a municipal corporation to lease muncipal 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 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 Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming E Floyd, H Y Floyd, J

Y 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

Y Mitchell Y 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
Orrock Y Parham Y Parrish Y Parsons

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 Y Stephenson Y Stokes

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Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K
Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Joyce Keen
Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills

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

Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson 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, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Mangham of the 62nd 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.

HR 1457. By Representatives Skipper of the 116th, Smyre of the 111th and Porter of the 119th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly by general law to provide for public funding of social services provided by religious or sectarian organizations pursuant to contracts for the provision of such services and to provide for conditions and requirements relative to such contracts; to provide that the General Assembly may appropriate federal funds received by the state; and for other purposes.

Representative Forster of the 3rd, Post 1 moved the previous question. On the motion, the roll call was ordered and the vote was as follows:

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

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

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

On the motion, the ayes were 120, nays 36. The motion prevailed.

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

N Sholar Y Sims N 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 N Stephens, E N Stephens, R
Stephenson Y Stokes N Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson Y Walker, L Y Walker, R.L E Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson

N Day N Dean

N Hill, C.A N Hill, V

N Mitchell Mobley

Y Sholar Y Sims

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JOURNAL OF THE HOUSE

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

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

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

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

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

On the adoption of the Resolution, the ayes were 60, nays 106. The Resolution, having failed to receive the requisite constitutional majority, was lost.

Due to a mechanical malfunction, the vote of Representative Jenkins of the 8th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representatives Childers of the 13th, Post 1, Mobley of the 58th and Stephenson of the 60th, Post 1 stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "nay" thereon.

WEDNESDAY, MARCH 17, 2004

2377

Representative Mangham of the 62nd 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.

HB 1561. By Representatives Buckner of the 82nd, Manning of the 32nd, Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Lunsford of the 85th, Post 2 and others:
A BILL to amend Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding for local victim assistance programs, so as to provide for collection of incremental payment of fines; to provide for the payment of moneys collected to the Criminal Justice Coordinating Council and to the governing authority of the county in which the moneys are collected; to provide for the promulgation of rules by the Criminal Justice Coordinating Council; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 15-21-132 of the Official Code of Georgia Annotated, relating to assessment and collection of victim assistance funds, so as to provide that the Criminal Justice Coordinating Council shall certify victim assistance programs; to require that victim assistance funds be paid only to approved programs; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as 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 provide for related matters; to provide a provisional effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-21-132 of the Official Code of Georgia Annotated, relating to assessment and collection of victim assistance funds, is amended by striking the Code section and inserting in lieu thereof a new Code Section 15-21-132 to read as follows:

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"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 as follows:
(1) If the county where the fine was imposed operates or participates in a victim assistance program approved by the Criminal Justice Coordinating Council, then the moneys shall be paid over to that victim assistance program; or (2) If the county where the fine was imposed does not operate or participate in a victim assistance program approved 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. (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 quarterly financial report which states the 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 Criminal Justice Coordinating Council shall promulgate rules governing the approval of victim assistance programs. The rules shall provide for the approval 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 shall be liberally granted so as to encourage local innovations in the development of victim assistance programs. (c) Moneys arising from fines pursuant to this Code section and Code Section 15-21133 shall not be paid to any victim assistance program that has not been certified by the Criminal Justice Coordinating Council or has been decertified by such council."
SECTION 2. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers 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 victims through the distribution of the fine surcharges imposed for local victim assistance programs.

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2379

35-6-2. (a) The State Victim Services Commission shall consist of 14 members as follows:
(1) One member appointed by the Governor from each of the following entities: (A) The Prosecuting Attorneys Council of Georgia; (B) The Georgia Sheriffs Association; (C) The Criminal Justice Coordinating Council; (D) The Georgia Commission on Family Violence; (E) The Georgia Coalition Against Domestic Violence; (F) The Association County Commissioners of Georgia; (G) The Georgia Network to End Sexual Assault; (H) The Georgia Commission on Women; (I) The Georgia Superior Court Clerks Cooperative Authority; and (J) The Georgia Municipal Association;
(2) A local victim witness assistance advocate appointed by the Prosecuting Attorneys Council of Georgia; (3) One member appointed by the Governor; (4) One member appointed by the Lieutenant Governor; and (5) One member appointed by the Speaker of the House of Representatives. (b) The term of appointment shall be two years for initial members appointed in accordance with the following provisions of subsection (a) of this Code section: paragraphs (3), (4), and (5) and subparagraphs (A), (C), (E), (G), and (I) of paragraph (1). The term of appointment shall be two years for initial members appointed in accordance with the following provisions of subsection (a) of this Code section: paragraph (2) and subparagraphs (B), (D), (F), (H), and (J) of paragraph (1). 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 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.
35-6-3. 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;

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(2) To determine 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 determine 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 establish a fair and comprehensive procedure for the distribution of victim assistance funds to all agencies, organizations, and programs certified by the commission that are designed to assist victims of crime in this state.
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 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 3. This Act shall become effective only upon the effective date of an appropriation of funds for the purposes of this Act as expressed in a line item making specific reference to the full funding of this Act in an appropriations Act enacted by the General Assembly.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Buckner of the 82nd et al., was read and adopted:

A BILL To amend Code Section 15-21-132 of the Official Code of Georgia Annotated, relating to

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2381

assessment and collection of victim assistance funds, so as to provide that the Criminal Justice Coordinating Council shall certify victim assistance programs; to require that victim assistance funds be paid only to approved programs; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as 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 provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-21-132 of the Official Code of Georgia Annotated, relating to assessment and collection of victim assistance funds, is amended by striking the Code section and inserting in lieu thereof a new Code Section 15-21-132 to read as follows:
"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 as follows:
(1) If the county where the fine was imposed operates or participates in a victim assistance program approved by the Criminal Justice Coordinating Council, then the moneys shall be paid over to that victim assistance program; or (2) If the county where the fine was imposed does not operate or participate in a victim assistance program approved 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. (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 quarterly financial report which states the 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 Criminal Justice Coordinating Council shall promulgate rules governing the approval of victim assistance programs. The rules shall provide for the approval 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 shall

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be liberally granted so as to encourage local innovations in the development of victim assistance programs. (c) Moneys arising from fines pursuant to this Code section and Code Section 15-21133 shall not be paid to any victim assistance program that has not been certified by the Criminal Justice Coordinating Council or has been decertified by such council."
SECTION 2. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers 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 17 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 Georgia Child Advocate or his or her designee; (8) The executive director of the Childrens Advocacy Centers of Georgia or his or her designee; (9) The chairperson of the Georgia Commission on Women or his or her designee; (10) The executive director of the Georgia Superior Court Clerks Cooperative Authority or his or her designee; (11) The executive director of the Georgia Association of Homes and Services for Children or his or her designee; (12) The executive director of the Georgia Municipal Association or his or her designee; (13) The executive director of the Georgia Network to End Sexual Assault or his or her designee;

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(14) A district attorney appointed by the Prosecuting Attorneys Council of Georgia; (15) One member appointed by the Governor; (16) One member appointed by the Lieutenant Governor; and (17) 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 (15) and (17) 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 (14) and (16) 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 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 determine 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 determine 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; (6) To promulgate 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; (7) To decertify agencies, organizations, and programs designed to assist victims of crimes in this state; and

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(8) To establish a fair and comprehensive procedure for the distribution of victim assistance funds to all agencies, organizations, and certified programs designed to assist victims of crime in this state. (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 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 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield

N Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell E Hudson

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T

Y Birdsong Black
Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Drenner Dukes
Y Ehrhart Y Elrod Y Epps Y Fleming E Floyd, H
Floyd, J Y Fludd
Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin N Harper
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Hugley Y Jackson Y James Y Jamieson
Jenkins, C Y Jenkins, C.F Y Jones Y Jordan N Joyce Y Keen N Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin N Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

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

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

On the passage of the Bill, by substitute, the ayes were 152, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Jenkins of the 93rd, Mangham of the 62nd, Mobley of the 58th and Stephenson of the 60th, Post 1 stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1136. By Representatives Lunsford of the 85th, Post 2, Royal of the 140th, Westmoreland of the 86th, Graves of the 10th, Yates of the 85th, Post 1 and others:
A BILL to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the

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Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; to provide for governance of the bank by the board of the authority; to provide for the functions of the bank in general and in particular with respect to the financing of transportation projects of government units and private entities contracting with government units; to define terms; to provide for the powers, duties, governance, and operations of the bank; to provide for capitalization of the bank and funding sources; to authorize the issuance of bonds by the authority for purposes of the bank; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, is amended by adding at its end a new Part 3 to read as follows:
"Part 3
32-10-120. This part shall be known and may be cited as the 'Georgia Transportation Infrastructure Bank Act.'
32-10-121. (a) There is created within the State Road and Tollway Authority an instrumentality of the state to be known as the Georgia Transportation Infrastructure Bank. (b) The bank is governed by the board of the State Road and Tollway Authority as provided in this chapter. (c) The corporate purpose of the bank is to select and assist in financing qualified projects by providing loans and other financial assistance to government units and private entities for constructing and improving highway and transportation facilities

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necessary for public purposes, including economic development. The exercise by the bank of a power conferred in this part is an essential public function. (d) The bank shall establish and maintain at least the four following accounts: state and local highway account, state and local transit account, federal highway account, and federal transit account.
32-10-122. As used in this part, unless the context clearly indicates otherwise, the term:
(1) 'Bank' means the Georgia Transportation Infrastructure Bank. (2) 'Board' means the board of the State Road and Tollway Authority. (3) 'Department of Transportation' means the Georgia Department of Transportation and its successors. (4) 'Eligible costs' means as applied to a qualified project to be financed from the federal highway accounts, the costs that are permitted under applicable federal laws, requirements, procedures, and guidelines in regard to establishing, operating, and providing assistance from the bank. As applied to a qualified project to be financed from the state and local highway account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, facilities, and other costs necessary for the qualified project. As applied to any qualified project to be financed from the federal transit account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, equipment, facilities, and other nonoperating costs necessary for the qualified project. As applied to any qualified project to be financed from the state and local transit account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, equipment, facilities, and other nonoperating costs necessary for the qualified project. (5) 'Eligible project' means a highway, including bridges, or transit project which provides public benefits by either enhancing mobility and safety, promoting economic development, or increasing the quality of life and general welfare of the public. The term 'eligible project' also includes mass transit systems including, but not limited to, monorail and monobeam mass transit systems. There may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive, and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation.

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(6) 'Federal accounts' means, collectively, the separate account for federal highway funds and federal transit funds. (7) 'Financing agreement' means any agreement entered into between the bank and a qualified borrower pertaining to a loan or other financial assistance. This agreement may contain, in addition to financial terms, provisions relating to the regulation and supervision of a qualified project, or other provisions as the board may determine. The term 'financing agreement' includes, without limitation, a loan agreement, trust indenture, security agreement, reimbursement agreement, guarantee agreement, bond or note, ordinance or resolution, or similar instrument. (8) 'Government unit' means a municipal corporation, county, or other public body, instrumentality, or agency of state or local government, including combinations of two or more of these entities acting jointly to construct, own, or operate a qualified project, and any other state or local authority, board, commission, agency, department, or other political subdivision created by the General Assembly or pursuant to the Constitution and laws of this state which may construct, own, or operate a qualified project. (9) 'Loan' means an obligation subject to repayment which is provided by the bank to a qualified borrower for all or a part of the eligible costs of a qualified project. A loan may be disbursed in anticipation of reimbursement for or direct payment of the eligible costs of a qualified project. (10) 'Loan obligation' means a bond, note, or other evidence of an obligation issued by a qualified borrower. (11) 'Other financial assistance' includes, but is not limited to, grants, contributions, credit enhancement, capital or debt reserves for bonds or debt instrument financing, interest rate subsidies, provision of letters of credit and credit instruments, provision of bond or other debt financing instrument security, and other lawful forms of financing and methods of leveraging funds that are approved by the board, and in the case of federal funds, as allowed by federal law. (12) 'Private entity' means a private person or entity that has entered into a contract with a government unit to design, finance, construct, and operate an eligible project within the jurisdiction of the government unit responsible for complying with applicable federal requirements. (13) 'Project revenues' or 'revenues' means all rates, rents, fees, assessments, charges, and other receipts derived or to be derived by a qualified borrower from a qualified project or made available from a special source, and, as provided in the applicable financing agreement, derived from any system of which the qualified project is a part or from any other revenue producing facility under the ownership or control of the qualified borrower including, without limitation, proceeds of grants, gifts, appropriations and loans, including the proceeds of loans made by the bank, investment earnings, reserves for capital and current expenses, proceeds of insurance or condemnation and proceeds from the sale or other disposition of property and from any other special source as may be provided by the qualified borrower.

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(14) 'Qualified borrower' means any government unit or private entity which is authorized to construct, operate, or own a qualified project. (15) 'Qualified project' means an eligible project which has been selected by the bank to receive a loan or other financial assistance from the bank to defray an eligible cost. (16) 'State accounts' means, collectively, the separate account for state highway funds and state transit funds.
32-10-123. In administering the affairs of the bank, the board may exercise any or all of the powers granted to the authority under Parts 1 and 2 of this article, as well as the powers granted in this part. Without limiting the generality of the foregoing, the board is specifically authorized to issue bonds for the purposes of the bank, in the same general manner provided in Part 2 of this article.
32-10-124. (a) In addition to the powers contained elsewhere in this article, the board has all power necessary, useful, or appropriate to fund, operate, and administer the bank, and to perform its other functions including, but not limited to, the power to:
(1) Have perpetual succession; (2) Adopt, promulgate, amend, and repeal bylaws, not inconsistent with provisions in this part for the administration of the bank's affairs and the implementation of its functions, including the right of the board to select qualifying projects and to provide loans and other financial assistance; (3) Sue and be sued in the name of the bank; (4) Have a seal and alter it at its pleasure, although the failure to affix the seal does not affect the validity of an instrument executed on behalf of the bank; (5) Make loans to qualified borrowers to finance the eligible costs of qualified projects and to acquire, hold, and sell loan obligations at prices and in a manner as the board determines advisable; (6) Provide qualified borrowers with other financial assistance necessary to defray eligible costs of a qualified project; (7) Enter into contracts, arrangements, and agreements with qualified borrowers and other persons and execute and deliver all financing agreements and other instruments necessary or convenient to the exercise of the powers granted in this part; (8) Enter into agreements with a department, agency, or instrumentality of the United States or of this state or another state for the purpose of planning and providing for the financing of qualified projects; (9) Establish:
(A) Policies and procedures for the making and administering of loans and other financial assistance; and (B) Fiscal controls and accounting procedures to ensure proper accounting and reporting by the bank, government units, and private entities;

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(10) Acquire by purchase, lease, donation, or other lawful means and sell, convey, pledge, lease, exchange, transfer, and dispose of all or any part of its properties and assets of every kind and character or any interest in it to further the public purpose of the bank; (11) Procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from any public or private entity, including any department, agency, or instrumentality of the United States or this state, for the payment of any bonds issued by it, including the power to pay premiums or fees on any insurance, guarantees, letters of credit, and other forms of collateral or security or credit support; (12) Collect or authorize the trustee under any trust indenture securing any bonds to collect amounts due under any loan obligations owned by it, including taking the action required to obtain payment of any sums in default; (13) Unless restricted under any agreement with holders of bonds, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any loan obligations owned by it; (14) Borrow money through the issuance of bonds and other forms of indebtedness as provided in this article; (15) Expend funds to obtain accounting, management, legal, financial consulting, and other professional services necessary to the operations of the bank; (16) Expend funds credited to the bank as the board determines necessary for the costs of administering the operations of the bank; (17) Establish advisory committees as the board determines appropriate, which may include individuals from the private sector with banking and financial expertise; (18) Procure insurance against losses in connection with its property, assets, or activities including insurance against liability for its acts or the acts of its employees or agents or to establish cash reserves to enable it to act as a self-insurer against any and all such losses; (19) Collect fees and charges in connection with its loans or other financial assistance; (20) Apply for, receive, and accept from any source, aid, grants, or contributions of money, property, labor, or other things of value to be used to carry out the purposes of this part subject to the conditions upon which the aid, grants, or contributions are made; (21) Enter into contracts or agreements for the servicing and processing of financial agreements; (22) Accept and hold, with or without payment of interest, funds deposited with the bank by government units and private entities; and (23) Do all other things necessary or convenient to exercise powers granted or reasonably implied by this part. (b) The bank is not authorized or empowered to be or to constitute a bank or trust company within the jurisdiction or under the control of this state or an agency of it or the Comptroller of the Currency or the Treasury Department of the United States, or a bank, banker, or dealer in securities within the meaning of, or subject to the provisions

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of, any securities, securities exchange, or securities dealers' law of the United States or of this state.
32-10-125. (a) The following sources may be used to capitalize the bank and for the bank to carry out its purposes:
(1) Appropriations by the General Assembly; (2) Federal funds made available to the state; (3) Federal funds made available to the state for the bank; (4) Contributions, donations, and deposits from government units, private entities, and any other source as may become available to the bank; (5) All monies paid or credited to the bank, by contract or otherwise, payments of principal and interest on loans or other financial assistance made from the bank, and interest earnings which may accrue from the investment or reinvestment of the banks monies; (6) Proceeds from the issuance of bonds as provided in this part; (7) Other lawful sources as determined appropriate by the board; and (8) Loans from the Department of Transportation to the bank to be repaid from revenues committed to the bank for the following year. (b) Without limiting the provisions of subsection (a) of this Code section, it is specifically provided that any local government may use the proceeds of any local motor fuel tax which may be hereafter made available by law for the purposes of this part, including without limitation the funding of eligible projects and contributions, donations, and deposits to the bank. (c) Neither the proceeds of the state motor fuel taxes nor any other state revenue source currently dedicated to any particular purpose or program shall be diverted to the bank. State tax revenues and fees may not be appropriated or used to fund the bank.
32-10-126. (a) Earnings on balances in the federal accounts must be credited and invested according to federal law. Earnings on state and local accounts must be credited to the state and local highway account or state and local transit account that generates the earnings. The bank may establish accounts and subaccounts within the state accounts and federal accounts as considered desirable to effectuate the purposes of this part, or to meet the requirements of any state or federal programs. (b) For necessary and convenient administration of the bank, the board shall establish federal and state accounts and subaccounts within the bank necessary to meet any applicable federal law requirements or as the bank shall determine necessary or desirable in order to implement the provisions of this part. (c) The bank shall comply with all applicable federal laws and regulations prohibiting the commingling of certain federal funds deposited in the bank.

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32-10-127. (a) The bank may provide loans and other financial assistance to a government unit or private entity to pay for all or part of the eligible costs of a qualified project. The term of the loan or other financial assistance shall not exceed the useful life of the project. The bank may require the government unit or private entity to enter into a financing agreement in connection with its loan obligation or other financial assistance. The board shall determine the form and content of loan applications, financing agreements, and loan obligations including the term and rate or rates of interest on a financing agreement. The terms and conditions of a loan or other financial assistance from federal accounts shall comply with applicable federal requirements. (b) The board shall determine which projects are eligible projects and then select from among the eligible projects those qualified to receive from the bank a loan or other financial assistance. Preference must be given to eligible projects which have local financial support. In selecting qualified projects, the board shall consider the projected feasibility of the project and the amount and degree of risk to be assumed by the bank. The board also may consider, but shall not be limited to, the following criteria in making its determination that an eligible project is a qualified project:
(1) The local support of the project, expressed by resolutions by the governing bodies in the areas in which the project will be located, and the financial or in-kind contributions to the project; (2) Maximum economic benefit, enhancement of mobility, enhancement of public safety, acceleration of project completion, and enhancement of transportation services; (3) The ability of the applicant to repay a loan according to the terms and conditions established pursuant to this part, consideration of which may include, at the option of the board, the existence of current investment grade rating on existing debt of the applicant secured by the same revenues to be pledged to secure repayment under the loan repayment agreement; (4) The financial or in-kind contributions to the project; (5) Greater weighting in recommending priorities for eligible projects to areas of the state experiencing high unemployment; and (6) Whether the governing body of the county or the incorporated municipality in which the project is to be located provides to the bank a resolution which makes a finding that the project is essential to its economic development.
32-10-128. (a) Qualified borrowers are authorized to obtain loans or other financial assistance from the bank through financing agreements. Qualified borrowers entering into financing agreements and issuing loan obligations to the bank may perform any acts, take any action, adopt any proceedings, and make and carry out any contracts or agreements with the bank as may be agreed to by the bank and any qualified borrower for the carrying out of the purposes contemplated by this part.

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(b) In addition to the authorizations contained in this part, all other statutes or provisions permitting government units to borrow money and issue obligations, including, but not limited to Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' may be utilized by any government unit in obtaining a loan or other financial assistance from the bank to the extent determined necessary or useful by the government unit in connection with any financing agreement and the issuance, securing, or sale of loan obligations to the bank. (c) A qualified borrower may receive, apply, pledge, assign, and grant security interests in project revenues to secure its obligations as provided in this part. A qualified borrower may fix, revise, charge, and collect fees, rates, rents, assessments, and other charges of general or special application for the operation or services of a qualified project, the system of which it is a part, and any other revenue producing facilities from which the qualified borrower derives project revenues to meet its obligations under a financing agreement or to provide for the construction and improving of a qualified project.
32-10-129. The bank is performing an essential governmental function in the exercise of the powers conferred upon it and is not required to pay taxes or assessments upon property or upon its operations or the income therefrom, or taxes or assessments upon property or loan obligations acquired or used by the bank or upon the income therefrom.
32-10-130. (a) If a government unit fails to collect and remit in full all amounts due to the bank on the date these amounts are due under the terms of any note or other obligation of the government unit, the bank shall notify the appropriate state officials who shall withhold all or a portion of the funds of the state and all funds administered by the state and its agencies, boards, and instrumentalities allotted or appropriated to the government unit and apply an amount necessary to the payment of the amount due. (b) Nothing contained in this section mandates the withholding of funds allocated to a government unit or private entity which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of a court binding on the state.
32-10-131. Neither the board nor any officer, employee, or committee of the bank acting on behalf of it, while acting within the scope of this authority, is subject to any liability resulting from carrying out any of the powers given in this part.
32-10-132. Notice, proceeding, or publication, except those required in this part, are not necessary to the performance of any act authorized in this part nor is any act of the bank subject to any referendum.

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32-10-133. Following the close of each state fiscal year, the bank shall submit an annual report of its activities for the preceding year to the Governor and make such report available to the General Assembly. The bank also shall submit an annual report to the appropriate federal agency in accordance with requirements of any federal program."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Smith of the 13th, Post 2 et al., was read and adopted:

A BILL
To amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; to provide for governance of the bank; to provide for the functions of the bank in general and in particular with respect to the financing of transportation projects of government units; to define terms; to provide for the powers, duties, governance, and operations of the bank; to provide for capitalization of the bank and funding sources; to authorize the issuance of bonds by the authority for purposes of the bank; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, is amended by adding at its end a new Part 3 to read as follows:
"Part 3
32-10-120. This part shall be known and may be cited as the 'Georgia Transportation Infrastructure Bank Act.'
32-10-121. (a) There is created within the State Road and Tollway Authority an instrumentality of the state to be known as the Georgia Transportation Infrastructure Bank.

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(b) The bank shall be governed by the board of the State Road and Tollway Authority as provided in this chapter. (c) The corporate purpose of the bank is to assist in financing qualified projects by providing loans and other financial assistance to government units for constructing and improving highway and transportation facilities necessary for public purposes, including economic development. The exercise by the bank of a power conferred in this part is an essential public function. (d) The bank shall establish and maintain at least the four following accounts: state and local highway account, state and local transit account, federal highway account, and federal transit account.
32-10-122. As used in this part, unless the context clearly indicates otherwise, the term:
(1) 'Bank' means the Georgia Transportation Infrastructure Bank. (2) 'Board' means the board of the State Road and Tollway Authority. (3) 'Department of Transportation' means the Georgia Department of Transportation and its successors. (4) 'Eligible costs' means as applied to a qualified project to be financed from the federal highway accounts, the costs that are permitted under applicable federal laws, requirements, procedures, and guidelines in regard to establishing, operating, and providing assistance from the bank. As applied to a qualified project to be financed from the state and local highway account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, facilities, and other costs necessary for the qualified project. As applied to any qualified project to be financed from the federal transit account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, equipment, facilities, and other nonoperating costs necessary for the qualified project. As applied to any qualified project to be financed from the state and local transit account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, equipment, facilities, and other nonoperating costs necessary for the qualified project. (5) 'Eligible project' means a highway, including bridges, or transit project which provides public benefits by either enhancing mobility and safety, promoting economic development, or increasing the quality of life and general welfare of the public. The term 'eligible project' also includes mass transit systems including, but not limited to, monorail and monobeam mass transit systems. There may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line

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railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive, and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation. (6) 'Federal accounts' means, collectively, the separate account for federal highway funds and federal transit funds. (7) 'Financing agreement' means any agreement entered into between the bank and a qualified borrower pertaining to a loan or other financial assistance. This agreement may contain, in addition to financial terms, provisions relating to the regulation and supervision of a qualified project, or other provisions as the board may determine. The term 'financing agreement' includes, without limitation, a loan agreement, trust indenture, security agreement, reimbursement agreement, guarantee agreement, bond or note, ordinance or resolution, or similar instrument. (8) 'Government unit' means a municipal corporation, county, or other public body, instrumentality, or agency of state or local government, including combinations of two or more of these entities acting jointly to construct, own, or operate a qualified project, and any other state or local authority, board, commission, agency, department, or other political subdivision created by the General Assembly or pursuant to the Constitution and laws of this state which may construct, own, or operate a qualified project. (9) 'Loan' means an obligation subject to repayment which is provided by the bank to a qualified borrower for all or a part of the eligible costs of a qualified project. A loan may be disbursed in anticipation of reimbursement for or direct payment of the eligible costs of a qualified project. (10) 'Loan obligation' means a bond, note, or other evidence of an obligation issued by a qualified borrower. (11) 'Other financial assistance' includes, but is not limited to, grants, contributions, credit enhancement, capital or debt reserves for bonds or debt instrument financing, interest rate subsidies, provision of letters of credit and credit instruments, provision of bond or other debt financing instrument security, and other lawful forms of financing and methods of leveraging funds that are approved by the board, and in the case of federal funds, as allowed by federal law. (12) 'Project revenues' or 'revenues' means all rates, rents, fees, assessments, charges, and other receipts derived or to be derived by a qualified borrower from a qualified project or made available from a special source, and, as provided in the applicable financing agreement, derived from any system of which the qualified project is a part or from any other revenue producing facility under the ownership or control of the qualified borrower including, without limitation, proceeds of grants, gifts, appropriations and loans, including the proceeds of loans made by the bank, investment earnings, reserves for capital and current expenses, proceeds of insurance or condemnation and proceeds from the sale or other disposition of property and from any other special source as may be provided by the qualified borrower.

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(13) 'Qualified borrower' means any government unit authorized to construct, operate, or own a qualified project. (14) 'Qualified project' means an eligible project which has been selected by the bank to receive a loan or other financial assistance from the bank to defray an eligible cost. (15) 'State and local accounts' means, collectively, the separate account for state and local highway funds and state and local transit funds.
32-10-123. In administering the affairs of the bank, the board may exercise any or all of the powers granted to the authority under Parts 1 and 2 of this article, as well as the powers granted in this part. Without limiting the generality of the foregoing, the board is specifically authorized to issue bonds for the purposes of the bank, in the same general manner provided in Part 2 of this article.
32-10-124. (a) In addition to the powers contained elsewhere in this article, the board has all power necessary, useful, or appropriate to fund, operate, and administer the bank, and to perform its other functions including, but not limited to, the power to:
(1) Have perpetual succession; (2) Adopt, promulgate, amend, and repeal bylaws, not inconsistent with provisions in this part for the administration of the bank's affairs and the implementation of its functions, including the right of the board to select qualifying projects and to provide loans and other financial assistance; (3) Sue and be sued in the name of the bank; (4) Have a seal and alter it at its pleasure, although the failure to affix the seal does not affect the validity of an instrument executed on behalf of the bank; (5) Make loans to qualified borrowers to finance the eligible costs of qualified projects and to acquire, hold, and sell loan obligations at prices and in a manner as the board determines advisable; (6) Provide qualified borrowers with other financial assistance necessary to defray eligible costs of a qualified project; (7) Enter into contracts, arrangements, and agreements with qualified borrowers and other persons and execute and deliver all financing agreements and other instruments necessary or convenient to the exercise of the powers granted in this part; (8) Enter into agreements with a department, agency, or instrumentality of the United States or of this state or another state for the purpose of planning and providing for the financing of qualified projects; (9) Establish:
(A) Policies and procedures for the making and administering of loans and other financial assistance; and (B) Fiscal controls and accounting procedures to ensure proper accounting and reporting by the bank and government units;

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(10) Acquire by purchase, lease, donation, or other lawful means and sell, convey, pledge, lease, exchange, transfer, and dispose of all or any part of its properties and assets of every kind and character or any interest in it to further the public purpose of the bank; (11) Procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from any public or private entity, including any department, agency, or instrumentality of the United States or this state, for the payment of any bonds issued by it, including the power to pay premiums or fees on any insurance, guarantees, letters of credit, and other forms of collateral or security or credit support; (12) Collect or authorize the trustee under any trust indenture securing any bonds to collect amounts due under any loan obligations owned by it, including taking the action required to obtain payment of any sums in default; (13) Unless restricted under any agreement with holders of bonds, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any loan obligations owned by it; (14) Borrow money through the issuance of bonds and other forms of indebtedness as provided in this article; (15) Expend funds to obtain accounting, management, legal, financial consulting, and other professional services necessary to the operations of the bank; (16) Expend funds credited to the bank as the board determines necessary for the costs of administering the operations of the bank; (17) Establish advisory committees as the board determines appropriate, which may include individuals from the private sector with banking and financial expertise; (18) Procure insurance against losses in connection with its property, assets, or activities including insurance against liability for its acts or the acts of its employees or agents or to establish cash reserves to enable it to act as a self-insurer against any and all such losses; (19) Collect fees and charges in connection with its loans or other financial assistance; (20) Apply for, receive, and accept from any source, aid, grants, or contributions of money, property, labor, or other things of value to be used to carry out the purposes of this part subject to the conditions upon which the aid, grants, or contributions are made; (21) Enter into contracts or agreements for the servicing and processing of financial agreements; (22) Accept and hold, with or without payment of interest, funds deposited with the bank by government units; and (23) Do all other things necessary or convenient to exercise powers granted or reasonably implied by this part. (b) The bank is not authorized or empowered to be or to constitute a bank or trust company within the jurisdiction or under the control of this state or an agency of it or the Comptroller of the Currency or the Treasury Department of the United States, or a bank, banker, or dealer in securities within the meaning of, or subject to the provisions

WEDNESDAY, MARCH 17, 2004

2399

of, any securities, securities exchange, or securities dealers' law of the United States or of this state.
32-10-125. (a) The following sources may be used to capitalize the bank and for the bank to carry out its purposes:
(1) Appropriations by the General Assembly; (2) Federal funds not already dedicated for another purpose and made available to the state specifically for this purpose; (3) Contributions, donations, and deposits from government units and any other source as may become available to the bank; (4) All moneys paid or credited to the bank, by contract or otherwise, payments of principal and interest on loans or other financial assistance made from the bank, and interest earnings which may accrue from the investment or reinvestment of the banks moneys; (5) Proceeds from the issuance of bonds as provided in this part; and (6) Other lawful sources not already dedicated for another purpose as determined appropriate by the board. (b) Without limiting the provisions of subsection (a) of this Code section, it is specifically provided that any local government may use the proceeds of any local motor fuel tax which may be hereafter made available by law for the purposes of this part, including without limitation the funding of eligible projects and contributions, donations, and deposits to the bank. (c) Neither the proceeds of the state motor fuel taxes nor any other state revenue source currently dedicated to any particular purpose or program shall be diverted to the bank. State tax revenues may not be appropriated or used to fund the bank.
32-10-126. (a) Earnings on balances in the federal accounts must be credited and invested according to federal law. Earnings on state and local accounts must be credited to the state and local highway account or state and local transit account that generates the earnings. The bank may establish accounts and subaccounts within the state and local accounts and federal accounts as considered desirable to effectuate the purposes of this part, or to meet the requirements of any state or federal programs. (b) For necessary and convenient administration of the bank, the board shall establish federal and state and local accounts and subaccounts within the bank necessary to meet any applicable federal law requirements or as the bank shall determine necessary or desirable in order to implement the provisions of this part. (c) The bank shall comply with all applicable federal laws and regulations prohibiting the commingling of certain federal funds deposited in the bank.
32-10-127. (a) The bank may provide loans and other financial assistance to a government unit to

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pay for all or part of the eligible costs of a qualified project. The term of the loan or other financial assistance shall not exceed the useful life of the project. The bank may require the government unit to enter into a financing agreement in connection with its loan obligation or other financial assistance. The board shall determine the form and content of loan applications, financing agreements, and loan obligations including the term and rate or rates of interest on a financing agreement. The terms and conditions of a loan or other financial assistance from federal accounts shall comply with applicable federal requirements. (b) The selection of which projects are eligible projects shall be in accordance with the procedure established under the provisions of Code Section 32-10-67 regarding the initiation of all projects by the authority. Preference must be given to eligible projects which have local financial support. A selected project must be included on an approved state-wide transportation improvement program or a comprehensive transportation plan pursuant to Code Section 32-2-3, which may include any local or regional transportation plans recognized and approved by the department.
32-10-128. (a) Qualified borrowers are authorized to obtain loans or other financial assistance from the bank through financing agreements. Qualified borrowers entering into financing agreements and issuing loan obligations to the bank may perform any acts, take any action, adopt any proceedings, and make and carry out any contracts or agreements with the bank as may be agreed to by the bank and any qualified borrower for the carrying out of the purposes contemplated by this part. (b) In addition to the authorizations contained in this part, all other statutes or provisions permitting government units to borrow money and issue obligations, including, but not limited to Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' may be utilized by any government unit in obtaining a loan or other financial assistance from the bank to the extent determined necessary or useful by the government unit in connection with any financing agreement and the issuance, securing, or sale of loan obligations to the bank. (c) A qualified borrower may receive, apply, pledge, assign, and grant security interests in project revenues to secure its obligations as provided in this part. A qualified borrower may fix, revise, charge, and collect fees, rates, rents, assessments, and other charges of general or special application for the operation or services of a qualified project, the system of which it is a part, and any other revenue producing facilities from which the qualified borrower derives project revenues to meet its obligations under a financing agreement or to provide for the construction and improving of a qualified project.
32-10-129. The bank is performing an essential governmental function in the exercise of the powers conferred upon it and is not required to pay taxes or assessments upon property

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2401

or upon its operations or the income therefrom, or taxes or assessments upon property or loan obligations acquired or used by the bank or upon the income therefrom.
32-10-130. (a) If a government unit fails to collect and remit in full all amounts due to the bank on the date these amounts are due under the terms of any note or other obligation of the government unit, the bank shall notify the appropriate state officials who shall withhold all or a portion of the funds of the state and all funds administered by the state and its agencies, boards, and instrumentalities allotted or appropriated to the government unit and apply an amount necessary to the payment of the amount due. (b) Nothing contained in this Code section mandates the withholding of funds allocated to a government unit which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of a court binding on the state.
32-10-131. Neither the board nor any officer, employee, or committee of the bank acting on behalf of it, while acting within the scope of this authority, is subject to any liability resulting from carrying out any of the powers given in this part.
32-10-132. Notice, proceeding, or publication, except those required in this part, are not necessary to the performance of any act authorized in this part nor is any act of the bank subject to any referendum.
32-10-133. Following the close of each state fiscal year, the bank shall submit an annual report of its activities for the preceding year to the Governor and make such report available to the General Assembly. The bank also shall submit an annual report to the appropriate federal agency in accordance with requirements of any federal program."
SECTION 2. 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, by substitute.

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

Y Amerson Anderson
Y Ashe

Y Day Y Dean Y Deloach

Y Hill, C.A Y Hill, V Y Hines

Y Mitchell Mobley
N Moraitakis

Y Sholar Y Sims Y Sinkfield

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JOURNAL OF THE HOUSE

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

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

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

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

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 N Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 142, nays 16.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Maddox of the 59th, Post 2, Mangham of the 62nd and Mobley of the 58th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Stephenson of the 60th, Post 1 stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

WEDNESDAY, MARCH 17, 2004

2403

HB 1227. By Representatives Westmoreland of the 86th, Jones of the 38th, Millar of the 52nd, Coleman of the 65th and Jamieson of the 22nd:
A BILL to amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide exemption for a primary caregiver of a child who is four years of age or younger; to provide an exemption for a primary teacher of children in a home study program; 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 Anderson
Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux N Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

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

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

N Sholar Y Sims N 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 N Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet N Teper Y Thomas Morgan Y Thomas, A.M
Thompson Y Walker, L Y Walker, R.L E Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 147, nays 17. The Bill, having received the requisite constitutional majority, was passed.

Representatives Mangham of the 62nd, Mobley of the 58th and Stephenson of the 60th, Post 1 stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1620. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1, Henson of the 55th, Orrock of the 51st and Manning of the 32nd:
A BILL to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to provide standards for the number of women's and men's toilets in certain state, county, or city owned buildings and facilities; and for other purposes.

The following substitute, offered by Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1, was read and adopted:

A BILL
To amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to provide standards for the number of womens and mens toilets in certain state, county, or city owned buildings and facilities; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly recognizes that there are often long waiting periods for the use of restrooms in public buildings and facilities and that such waiting periods are much longer for women than for men due to gender differences in the need to use the restroom and anatomical differences between men and women. The General Assembly also recognizes that women often attend to small children in restrooms. Many states and localities have created laws to address the issue of insufficient restroom facilities for women in public buildings and facilities.

WEDNESDAY, MARCH 17, 2004

2405

SECTION 2. Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, is amended by adding a new Code section to read as follows:
"50-16-21. (a) Any womens or mens restroom constructed or installed on or after July 1, 2004, in a state, county, or city owned building or facility shall be in accordance with the Standard Building Code as provided by Part 2 of Article 1 of Chapter 2 of Title 8 and shall meet any applicable requirements of county boards of health. (b) In addition to the requirements of subsection (a) of this Code section, the General Assembly urges any state, county, or city owned building or facility to have a ratio of two toilets in each womens restroom to every one toilet or urinal in a mens restroom for restrooms that are constructed or installed on or after July 1, 2004."
SECTION 3. 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, was agreed to, by substitute.

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

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

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

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

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

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

2406
N Butler Y Campbell N Casas Y Chambers
Channell Y Childers
Coan N Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

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

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

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

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

On the passage of the Bill, by substitute, the ayes were 99, nays 49.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Mangham of the 62nd, Mobley of the 58th and Stephenson of the 60th, Post 1 stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1093. By Representatives Hill of the 81st, Chambers of the 53rd, Barnes of the 84th, Post 2, Dodson of the 84th, Post 1 and Walker of the 71st, Post 1:
A BILL to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to provide that no person convicted of child molestation shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42, relating to probation of first offenders; and for other purposes.

The following substitute, offered by Representative Hill of the 81st et al., was read and adopted:

A BILL
To amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the state sexual offender registry, so as to change the provisions relating to registration requirements applicable to persons sentenced pursuant to Article 3 of Chapter 8 of Title 42, relating to first offenders; to change certain definitions; to provide for the clerk of court to notify certain persons of a defendants order of discharge and exoneration

WEDNESDAY, MARCH 17, 2004

2407

pursuant to Article 3 of Chapter 8 of Title 42; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the state sexual offender registry, is amended by striking paragraphs (3) and (4) of subsection (a) and inserting in lieu thereof the following:
"(3) 'Conviction' includes a final judgment of conviction entered upon a verdict or finding of guilty of a crime, a plea of guilty, or a plea of nolo contendere. Unless otherwise required by federal law, a A defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall not be subject to the registration requirements of this Code section for the period of time prior to the defendants discharge after completion of his or her sentence or upon the defendant being adjudicated guilty. Unless otherwise required by federal law, a defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall not be subject to the registration requirements of this Code section upon the defendants discharge.
(4)(A) 'Criminal offense against a victim who is a minor' with respect to convictions occurring on or before June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of:
(i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; or (vii) Any conviction resulting from an underlying sexual offense against a victim who is a minor. (B) 'Criminal offense against a victim who is a minor' with respect to convictions occurring after June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of: (i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance;

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(vi) Solicitation of a minor to practice prostitution; (vii) Use of a minor to engage in any sexually explicit conduct to produce any visual medium depicting such conduct; (viii) Creating, publishing, selling, distributing, or possessing any material depicting a minor or a portion of a minors body engaged in sexually explicit conduct; (ix) Transmitting, making, selling, buying, or disseminating by means of a computer any descriptive or identifying information regarding a child for the purpose of offering or soliciting sexual conduct of or with a child or the visual depicting of such conduct; (x) Conspiracy to transport, ship, receive, or distribute visual depictions of minors engaged in sexually explicit conduct; or (xi) Any conduct which, by its nature, is a sexual offense against a minor. (C) For purposes of this paragraph, conduct which is criminal only because of the age of the victim shall not be considered a criminal offense if the perpetrator is 18 years of age or younger. (D) For purposes of this paragraph, 'criminal offense against a victim who is a minor' shall not include conduct which, by its nature, is a sexual offense against a victim who is 13 years of age or older when the defendant enters a first offender plea pursuant to Article 3 of Chapter 8 of this title."
SECTION 2. Said Code section is further amended by adding a new subsection (n) to the end of the Code section to read as follows:
"(n) Within ten days of the filing of a defendants discharge and exoneration of guilt pursuant to Article 3 of Chapter 8 of this title, the clerk of court shall transmit the order of discharge and exoneration to the Georgia Bureau of Investigation and any sheriff maintaining records required under this Code section."
SECTION 3. This Act shall become effective on July 1, 2004, and shall apply to sentences imposed on or after July 1, 2004.
SECTION 4. 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, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 17, 2004

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

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

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

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

2409
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 E Warren Y Watson 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 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Mangham of the 62nd, Mobley of the 58th and Stephenson of the 60th, Post 1 stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1766. By Representatives James of the 114th, Ray of the 108th, Williams of the 128th, Mosley of the 129th, Post 1, Black of the 144th and others:

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A BILL to create the Aquaculture Division within the Department of Agriculture and provide for its powers and duties; to create the Aquaculture Development Advisory Council and provide for its powers and duties; to amend reserved Chapter 15 of Title 2 of the Official Code of Georgia Annotated, so as to strike the reserved designation; to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated; to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated; to amend Title 2 of the Official Code of Georgia Annotated; to amend Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated; to amend Title 27 of the Official Code of Georgia Annotated; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To create the Aquaculture Division within the Department of Agriculture and provide for its membership, powers, and duties; to create the Aquaculture Development Advisory Council and provide for its membership, powers, and duties; to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to strike the reserved designation of Chapter 15; to provide for aquaculture development; to provide a short title; to define certain terms; to regulate aquaculture of pacific white shrimp; to provide for registration; to provide for rules and regulations; to provide for enforcement; to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to definitions relative to said title; to change certain provisions relating to permits for liberation of wildlife or liberation of domestic fish; to change certain provisions relating to sale of fish by commercial fish hatcheries, sale of game fish, bill of sale or lading for possession of certain game fish and domestic fish, and sale of diseased fish; to change certain provisions relating to licensing of wholesale and retail fish dealers and sale, transportation into state, or possession of live fish and fish eggs; to change certain provisions relating to a short title of an Act relating to aquaculture development; to change certain provisions relating to definitions relative to aquaculture development; to change certain provisions relating to creation of the Aquaculture Development Commission and its membership, bylaws, quorum, reimbursement for expenses, and meetings at the call of the chairman; to change certain provisions relating to duty of the commission to develop an aquaculture development plan, contents of the plan, meetings of the commission, and staff support; to change certain provisions relating to registration required for sale of domestic fish and regulation of sale without registration; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

WEDNESDAY, MARCH 17, 2004

2411

SECTION 1. Title 2 of the Official Code of Georgia Annotated is amended in reserved Chapter 15 by striking the sentence "Reserved." immediately following the chapter designation and inserting in lieu thereof the following:
"2-15-1. This chapter may be cited as the 'Georgia Aquaculture Development Act of 2004.'
2-15-2. As used in this chapter, the term:
(1) 'Aquaculturalist' means a person or firm engaged in aquaculture. (2) 'Aquaculture' means the commercial farming of privately owned aquatic animals, plants, or a combination thereof, in captive conditions and up to the juvenile or adult phase, with some sort of intervention in the rearing process such as regular stocking, feeding, protection from predators, or other management activity intended to enhance production. (3) 'Aquatic animals' means live fish (including without limitation eggs or gametes), mollusks, crustaceans, and alligators. (4) 'Division' means the Aquaculture Division of the Department of Agriculture created under Code Section 2-15-3.
2-15-3. (a)(1) There is created the Aquaculture Division within the department. (2) The division shall have such purposes, powers, and duties as provided by this chapter. (b)(1) There is created the Aquaculture Development Advisory Council. The council shall be composed of 15 members as follows: (A) One member representing agriculture at large to be appointed by mutual agreement of the chairpersons of the House and Senate Committees on Agriculture and Consumer Affairs. (B) The dean of the College of Agriculture, Home Economics, and Allied Programs of Fort Valley State University or his or her representative; (C) The chairperson of the Committee on Agriculture and Consumer Affairs of the House of Representatives or his or her representative; (D) The chairperson of the Committee on Agriculture and Consumer Affairs of the Senate or his or her representative; (E) The Commissioner or his or her representative; (F) The commissioner of natural resources or his or her representative; (G) The commissioner of industry, trade, and tourism or his or her representative; and (H) Eight members to be appointed as provided by this subparagraph. The President of the Senate and the Speaker of the House of Representatives each shall appoint four members as follows: (i) Two members shall be representatives of the aquaculture industry;

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(ii) One member shall be a representative of the aquaculture supply and equipment industry; and (iii) One member shall be a representative of a private industry which is doing research in the promotion of aquaculture. Each of the nine appointed members shall be appointed for a term of two years and until a successor is appointed and assumes membership on the council. The terms of the first such appointed members shall begin on the effective date of this chapter. (2) The purpose of the council shall be to inform and advise the division and the Department of Natural Resources regarding important developments in aquaculture. (3) The members of the council shall enter upon their duties without further act or formality. The council may make such bylaws for its government as it deems necessary but is under no duty to do so. The council may appoint working subcommittees based on identified needs. These subcommittees may consist of noncouncil members who exhibit an interest in the development of the aquaculture industry of Georgia. (4) Eight members of the council shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted the council by this chapter. No vacancy on the council shall impair the right of a quorum to transact any and all business of the council. (5) The members shall not receive compensation for their services on the council but those members who are public officials or employees shall be reimbursed from the funds of their employing department, agency, or branch of government for per diem, travel, and other expenses in the same manner and amount as they otherwise receive for performing services for their respective departments, agencies, or branches of government. (6) The council shall meet upon the call of its chairperson, who shall be elected by the members of the council. The chairpersons of the Committees on Agriculture and Consumer Affairs of the House of Representatives and the Senate shall serve as cochairpersons of the council until such time as a chairperson of the council is elected by the members. (7) The council is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this chapter which are necessary or convenient to enable it to exercise its powers, perform its duties, and accomplish the objectives and purposes of this chapter. (8) Staff support for the council shall be provided by the division and the Department of Natural Resources.
2-15-4. (a) The division shall make a thorough study of aquaculture and the potential for development and enhancement of aquaculture in the state. It shall be the duty of the division to develop, distribute, and, from time to time, amend an aquaculture development plan for the State of Georgia for the purpose of facilitating the

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establishment and growth of economically viable aquaculture enterprises in Georgia. Such plan shall include:
(1) An evaluation of Georgias natural resources as they relate to aquaculture; (2) An evaluation of species with potential for culture in Georgia; (3) An identification of constraints to development of aquaculture in Georgia and recommendations on methods to alleviate these constraints; (4) An identification of the role of the department in supporting the aquaculture industry, including an evaluation of existing physical and personnel resources and recommendations for allocation of additional resources where needed; (5) A list of the resources, training programs, technical assistance, and other programs available to prospective aquaculturalists; (6) Recommendations for implementation of the plan; and (7) An identification of the role of other state and federal agencies in the development of the aquaculture industry. (b)(1) To aid in performing its duties under this Code section, the division shall rely upon, to the extent feasible, the Georgia Center for Aquaculture Development at Fort Valley State University as a state-wide center for providing information, conducting research and development, and technology transfer training on fresh-water and marine aquaculture in diverse production systems. (2) Middle Georgia Technical College shall collaborate, to the extent feasible, with the Georgia Center for Aquaculture Development at Fort Valley State University on aquaculture training.
2-15-5. (a) Any person or firm engaged in aquaculture of pacific white shrimp (Penaeus vannamei) shall apply to the division for an aquaculture registration. The lawfully obtained pacific white shrimp of a registered aquaculturalist shall be privately owned subject to regulation by the division; provided, however, any person selling pacific white shrimp without first obtaining an aquaculture registration shall be considered to be selling 'wildlife' or 'wild animals' and shall be subject to the provisions of Title 27 governing such sale. (b) On and after January 1 of the calendar year following the year in which this chapter becomes effective, it shall be a misdemeanor for any person or firm to engage in aquaculture of pacific white shrimp unless such person or firm is registered as provided by this chapter; except that this subsection shall not apply to the employees of a registered aquaculturalist.
2-15-6. The division shall register persons engaged in aquaculture of pacific white shrimp under the applicable provisions of this chapter. Such registration or any renewal thereof shall expire on December 31 of each even-numbered year following registration; provided, however, that any registration shall expire 30 days following any change in the status of any information required by the provisions of this chapter or by any rule or

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regulation adopted pursuant to this chapter to be reported to the division. The division shall issue to registrants who update or renew their registration new certificates of registration for the full period of registration provided for in this Code section.
2-15-7. (a) All applications to the division for registration as an aquaculturalist of pacific white shrimp shall:
(1) Designate an address in this state where the applicant can be personally served with legal process; (2) Contain an appointment of an agent in this state for acceptance of service of legal process, together with the agents address in this state; or (3) Contain a designation of the Secretary of State for acceptance of service of legal process. (b) A copy of such application shall be forwarded to the Secretary of State by the department. (c) The Commissioner shall by rule or regulation establish a registration fee in such amount as it reasonable and necessary to cover administrative costs.
2-15-8. The filing of an application with the division for registration as an aquaculturalist of pacific white shrimp shall constitute an admission by the applicant that the applicant is doing business in this state.
2-15-9. (a) The Commissioner may deny registration to:
(1) Any applicant with a criminal record; (2) Any applicant who is found by the Commissioner to have violated any law administered by the department or any regulation or quarantine of the department; or (3) A corporation, when any of its officers has a criminal record or is found by the Commissioner to have violated any law administered by the department or any regulation or quarantine of the department. (b) In the case of a partnership, all parties shall be considered applicants for the purpose of this Code section. (c) No registration shall be denied under this chapter without opportunity for hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
2-15-10. The Commissioner may revoke any outstanding registration where the holder of the same or any officer or agent of the holder is found by the Commissioner to have violated any law administered by the department or any regulation or quarantine of the department, provided that no registration shall be revoked under this Code section without opportunity for hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

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2-15-11. All registration certificates issued by the division shall be evidence of a registration. The division shall maintain a current list of all persons registered under this chapter.
2-15-12. (a) The Commissioner shall make and publish such rules and regulations, not inconsistent with law, as are reasonable and necessary to carry out the purposes of this chapter. (b) Such rules and regulations shall include, without limitation, best management practices that shall serve as protocols for the establishment and maintenance of responsible and sustainable aquaculture of pacific white shrimp and for the protection of public health and safety. By way of example only, such practices may cover site selection, site plans, stocking, harvesting, transportation of product, effective management, food safety at the farm level, and reporting requirements. Compliance with such best management practices shall be a condition of any aquaculture registration certificate issued under this chapter.
2-15-13. (a) It shall be unlawful for any person to have in his or her possession pacific white shrimp obtained from an aquaculturalist without a bona fide bill of sale or lading that provides the date of transaction, identifies the seller, and details at least two of the following three criteria for pacific white shrimp: number, weight, or average length. (b) It shall be unlawful to sell pacific white shrimp produced by aquaculture which shrimp the division has determined to have diseases or parasites that would be harmful to native wildlife populations, including without limitation any viruses that may be latent in exotics but problematic if introduced into indigenous stocks. (c) Wholesale fish dealers or retail fish dealers properly licensed under Title 27 may sell pacific white shrimp obtained from an aquaculturalist registered under this chapter. (d) The Commissioner may by rule or regulation prohibit or limit the importation, possession, or sale in this state of pacific white shrimp where the same are found to be harmful to endemic wildlife populations or where the importation, possession, or sale might introduce or spread disease or parasites, including without limitation any viruses that may be latent in exotics but problematic if introduced into indigenous stocks. (e) Any pacific white shrimp in the postlarval stage obtained for growout must be free of disease. (f) Employees or agents of the division shall confiscate any pacific white shrimp imported, purchased, or acquired by any person in violation of this Code section or any rule or regulation of the Commissioner adopted pursuant to this Code section.
2-15-14. (a) Any inspector or other person authorized to ascertain compliance with any provision of this chapter or any rule or regulation of the division pertaining to aquaculture of pacific white shrimp may enter during normal business hours and inspect

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the premises of an aquaculturalist to determine whether such person is in compliance with the rules and regulations of the division. (b) In the event any person refuses to give his or her consent to an inspection as provided in subsection (a) of this Code section, the Commissioner or any person authorized to make inspections may seek a warrant to make an inspection as provided in this subsection:
(1) Any application for an inspection warrant shall be made to a person who is a judicial officer within the meaning of Code Section 17-5-21; (2) An inspection warrant shall be issued only upon cause and when supported by an affidavit particularly describing the place, dwelling, structure, premises, or vehicle to be inspected and the purpose for which the inspection is to be made. In addition, the affidavit shall contain either a statement that consent to inspect has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent. Cause shall be deemed to exist if either reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular place, dwelling, structure, premises, or vehicle, or there is reason to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, premises, or vehicle; (3) An inspection warrant shall be effective for the time specified therein, but not for a period of more than 14 days, unless extended or renewed by the judicial officer who signed and issued the original warrant, upon satisfying himself or herself that such extension or renewal is in the public interest. Such inspection warrant must be executed and returned to the judicial officer by whom it was issued within the time specified in the warrant or within the extended or renewed time. After the expiration of such time, the warrant, unless executed, is void; (4) An inspection pursuant to an inspection warrant shall be made between 8:00 A.M. and 6:00 P.M. of any day or at any time during operating or regular business hours. An inspection should not be performed in the absence of an owner or occupant of the particular place, dwelling, structure, premises, or vehicle unless specifically authorized by the judicial officer upon a showing that such authority is reasonably necessary to effectuate the purpose of the regulation being enforced. An inspection pursuant to a warrant shall not be made by means of forcible entry, except that the judicial officer may expressly authorize a forcible entry where facts are shown which are sufficient to create a reasonable suspicion of a violation of this chapter or any rule or regulation promulgated pursuant to this chapter, which, if such violation existed, would be an immediate threat to health, safety, or welfare or where facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. Where prior consent has been sought and refused and a warrant has been issued, the warrant may be executed without further notice to the owner or occupant of the particular place, dwelling, structure, premises, or vehicle to be inspected;

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(5) It shall be unlawful for any person to refuse to allow an inspection pursuant to an inspection warrant issued as provided in this subsection. Any person violating this paragraph shall be guilty of a misdemeanor; and (6) Under this subsection, an inspection warrant is an order, in writing, signed by a judicial officer, directed to the Commissioner or any person authorized to make inspections for the division, and commanding him or her to conduct any inspection authorized by any rules or regulations promulgated pursuant to this chapter. (c) The provisions of Code Section 27-1-23 shall not be applicable to any person registered under this chapter."
SECTION 2. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking Code Section 27-1-2, relating to definitions relative to said title, and inserting in lieu thereof the following:
"27-1-2. As used in this title, the term:
(1) 'Adult supervision' means under the command and control of a person 18 years of age or older, with the minor being within sight or hearing distance of such person. (1.1) 'Alligator' means Alligator mississippiensis, commonly known as the American alligator. (2) 'Alligator farming' means the possession, propagation, and any other act involved in the production of live alligators. (3) 'Alligator product' means any product or article made, either wholly or in part, from any part of the hide of an alligator or alligator meat or any other part of an alligator carcass. (3.1) 'Aquacuturalist' has the meaning provided by Code Section 2-15-2. (3.2) 'Aquaculture' has the meaning provided by Code Section 2-15-2. (4) 'Artificial lure' means any lure which is made completely of natural or colored plastic, wood, cork, rubber, metal, feathers, hair, tinsel, styrofoam, sponge, or string, or any combinations of such materials, in imitation of or as a substitute for natural bait. Such term does not include any item which is sprayed with or containing scented or chemical attractions. (5) 'Bag limit' or 'creel limit' means the quantity of wildlife which may be taken, caught, or killed during a specified period. (6) 'Big game' means turkey, deer, and bear. (7) 'Board' means the Board of Natural Resources. (8) 'Bushel' means the present United States standard bushel, as determined by the United States Department of Agriculture, which standard bushel measures 2150.4 cubic inches. (9) 'Business premises' means any place of business operation including, but not limited to, offices, sheds, warehouses, vessels, boats, houses, ponds, and other such locations where commercial activity takes place and specifically includes the equipment used in conducting such activity.

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(10) 'Carrier' means a person engaged in the business of transporting goods and specifically includes a common carrier, a contract carrier, a private carrier, and a transportation company. (10.1) 'Cast net' means a cone shaped net designed to be thrown and retrieved by hand and designed to spread out and capture fish and shrimp as the weighted circumference sinks to the bottom and comes together when pulled by a line. (11) 'Catch-out pond' means a fresh-water pond or lake where the owner or operator charges persons a fee for the right to fish therein. (12) 'Clam rake' means a hand-held rake, or a tool consisting of a long handle with a bar that is set transversely with projecting prongs and with a wire basket or enclosure modification, which rake or tool is suitable for scratching and removing mollusks of the class Pelecypoda from estuarine and marine substrates. (13) 'Commercial' means of or relating to buying, selling, or exchanging or offering for purchase, sale, or exchange. (13.1) 'Commercial cast net' means a cast net constructed of a minimum of fiveeighths inch bar mesh and having a radius not more than 12 feet and in compliance with the provisions of Code Section 27-4-13. (13.2) 'Commercial cast netting' means taking shrimp for commercial sale for food purposes. (14) 'Commercial crab trap' means an oblong cage or other cubical structure which is constructed of wooden slats, hardware cloth, chicken wire, or other similar material, which has one or more tunnel-shaped entrances which allow ingress but limit egress, which is to be used as a trap, which is designed to be left unattended for long periods of time, and which is used for catching decapod crustaceans, mainly of the species Callinectes sapidus. (15) 'Commercial fish hatchery' means a facility consisting of two or more ponds or a raceway system which is capable of growing fish from eggs, fry, or fingerlings to a commercially salable size and which produces fish from such eggs, fry, or fingerlings for sale more than once annually. (16) 'Commercial fishing' means fishing for the purpose of sale, the sale or offering for sale of fish by the person taking such fish, or fishing with commercial fishing gear. (17) 'Commercial quantities' means an amount equal to one bushel or more. (18) 'Commercial shooting preserve' means any shooting preserve open to the general public for a fee. (19) 'Commercial trapper' means a person who traps on any land other than that belonging to himself or herself or to his or her immediate family. (20) 'Commissioner' means the commissioner of natural resources. (21) 'Crab' means any crab of the species Callinectes sapidus. (22) 'Department' means the Department of Natural Resources. (23) 'Domestic species' means those taxa of animals which have traditionally lived in a state of dependence on and under the dominion and control of man and have been kept as tame pets, raised as livestock, or used for commercial breeding purposes,

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including, but not limited to, dogs, cats, horses, cattle, ratites, and chickens. Animals which live in a captive or tame state and which lack a genetic distinction from members of the same taxon living in the wild are presumptively wild animals, except that lawfully obtained farmed fish which are held in confinement in private ponds shall be known as and considered to be 'domestic fish,' but only if they are fish species which are either indigenous to Georgia or are fish species which have been recognized prior to 1992 as having an established population in Georgia waters other than private ponds; provided, however, that Morone americana, white perch, shall not be a domestic fish; and provided, further, that pacific white shrimp produced by or used in aquaculture and contained on the premises of an aquaculturalist registered under Code Section 2-15-6 shall not be presumed to be wild animals. (24) 'Educational' means of or relating to an attempt to learn or convey information about the characteristics and behavior of wild animals or wildlife, where such an attempt is made:
(A) In a public or private college, university, secondary school, or primary school, which college, university, or school is accredited by either the Georgia Accrediting Commission, Inc., or the Southern Association of Colleges and Schools; (B) By an independent study conducted in affiliation with any of the institutions mentioned in subparagraph (A) of this paragraph; (C) By any chartered association or society organized for the purpose of conveying knowledge about such species to its members; (D) By a research facility; or (E) By a governmental agency. (25) 'Established bait dealership' means a facility which is used in whole or in part to sell shrimp for bait and which has been inspected by employees of the department and which has been issued a bait dealer license. (26) 'Falconer' means a person licensed according to the laws and rules and regulations pertaining to falconry. (27) 'Falconry' means the sport of taking quarry by means of a trained raptor. (27.1) 'Farmed deer' means fallow deer (Dama dama), axis deer (Axis axis), sika deer (Cervus nippon), red deer and elk (Cervus elaphus), and reindeer and caribou (Rangifer tarandus), and hybrids between these farmed deer species raised for the commercial sale of meat and other parts or for the sale of live animals. (28) 'Feral hog' means any hog which is normally considered domestic but which is living in a wild state and cannot be claimed in private ownership. (29) 'Fishing' means catching, capturing, taking, or killing fish, mussels, and all seafood and includes all lesser acts such as attempting to catch, capture, or kill by any device or method and every act of direct assistance to any person in catching or attempting to catch fish, mussels, or seafood. (30) 'Full-time employee' means a person who works at least 30 hours per week for one employer. Expressly excluded from this term is an independent contractor or casual vendor who does not receive regular periodic compensation from one employer.

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(31) 'Fur-bearing animals' means the following animals: mink, otter, raccoon, fox, opossum, muskrat, skunk, bobcat, and weasel. (32) 'Fur dealer' means a person who purchases or sells raw undressed hides, furs, pelts, or skins of fur-bearing animals and alligator hides or alligator products, excluding alligator meat; provided, however, those persons engaged in wholesale or retail furrier operations, that is, those who engage in the manufacture or production of finished fur or alligator products, shall not be fur dealers for purposes of this title. (33) 'Fur dealers agent' means any person who represents the owner of or a dealer in furs, alligator hides, or alligator products for the purpose of selling such furs, alligator hides, or alligator products. (34) 'Game animals' means the following animals: bear, bobcat, deer, fox, opossum, rabbit, raccoon, sea turtles and their eggs, squirrel, cougar (Felis concolor), and all members of the families Alligatoridae and Crocodylidae. (35) 'Game birds' means the following birds: turkey, quail, grouse, and all migratory game birds. (36) 'Game fish' means the following fish, except domestic fish as provided in paragraph (23) of this Code section:
(A) Bass: (i) Largemouth bass; (ii) Smallmouth bass; (iii) White bass; (iv) Striped bass; (v) Spotted bass; (vi) Redeye (Coosa) bass; (vii) Striped-white bass hybrid; (viii) Shoal bass (Flint River smallmouth); and (ix) Suwannee bass;
(B) Trout: (i) Rainbow trout; (ii) Brown trout; and (iii) Brook trout;
(C) Crappie: (i) White crappie; and (ii) Black crappie;
(D) Shad: (i) American shad; and (ii) Hickory shad;
(E) Sunfish or bream: (i) Flier; (ii) Spotted sunfish (stumpknockers); (iii) Rockbass (goggleye); (iv) Shadow bass; (v) Redbreast sunfish;

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(vi) Redear sunfish; (vii) Bluegill (bream); and (viii) Warmouth; (F) Perch: (i) Walleye; and (ii) Sauger; (G) Pickerel: (i) Chain pickerel; (ii) Grass pickerel; and (iii) Redfin pickerel; and (H) Catfish: (i) Channel catfish; and (ii) Flathead catfish. (37) 'Game species' means all game animals, game birds, and game fish. (38) 'Held as pets' means the possession of any wild animal for purposes other than scientific, educational, or public exhibition purposes or other than for sale to the general public or other than for resale to a retail dealer, an exhibition, or a research facility. (39) 'Hunting' means pursuing, shooting, killing, taking, or capturing wildlife or feral hogs. This term also includes acts such as placing, setting, drawing, or using any device used to take wildlife or feral hogs, whether any such act results in taking or not, and includes every act of assistance to any person in taking or attempting to take such wildlife or feral hogs. (40)(A) 'Immediate family,' except insofar as that term relates to trapping, trappers, and fur dealers, means all persons living in one household under one head of household and bearing a blood or dependent relationship to such head of household. (B) 'Immediate family,' insofar as that term relates to trapping, trappers, and fur dealers, means son, daughter, father, mother, brother, sister, granddaughter, grandson, or spouse. (40.1) 'License' means any document, decal, stamp, permit, or temporary license identification number which authorizes the holder to participate in any activity regulated by the department and which is issued by the department; provided, however, that a temporary license number shall be a valid license for ten days from the date of issuance. (41) 'Licensed bait dealer' means the owner of an established bait dealership within this state who has been properly licensed and bonded pursuant to the applicable laws and regulations. (42) 'May' means is authorized, but not required, and denotes discretion and permission rather than command. When 'may' is used in authorizing a certain action to be taken, it shall also include the authorization to change that action. (43) 'Migratory game birds' means all the following birds: brant, coots, cranes, doves, ducks, gallinules, geese, rails, snipe, swans, and woodcock. Birds which are mutations

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of such birds and birds which are the result of hybridization between such birds or between such birds and other birds are included as migratory game birds. (44) 'Mountain trout' means rainbow, brook, and brown trout. (45) 'Night' means between the hours of 30 minutes after sunset and 30 minutes before sunrise. (46) 'Nongame fish' means any fish not included within the definition of the term 'game fish' in this Code section and is synonymous with the term 'rough fish.' (47) 'Peeler' means a crab which has a soft shell fully developed under the hard shell and which has a pink or red line on the outer edge of the swimming paddles. (48) 'Pen raised game birds' means game birds which are raised in captivity and are more than two generations removed from the wild. (49) 'Perishable' means likely to deteriorate quickly in quality or value unless given special treatment such as dressing, freezing, or cold storage. (50) 'Person' means any individual, partnership, firm, corporation, association, or other entity. (51) 'Pole and line' means any hand line or any type of pole with a line attached and specifically includes a casting rod, a spinning rod, a fly rod, and all similar hand-held equipment for use with bait or artificial lure; provided, however, such pole and line may only be used to entice fish to strike or bite such bait or lure. (52) 'Private oyster or clam beds' means oyster or clam beds in which the right to plant, cultivate, and harvest oysters and clams is not vested in the state pursuant to Code Sections 44-8-6, 44-8-7, and 44-8-8. (53) 'Private pond' means a body of water wholly on or within the lands of one title from which fish cannot go upstream or downstream or to the lands of another. (54) 'Private shooting preserve' means any shooting preserve owned or leased by an individual, partnership, firm, corporation, association, or other entity and used only by the owners, members, and guests. (55) 'Public exhibition' means any commercial or noncommercial display of wild animals or wildlife to the general public, including displays held in nontraveling facilities in fixed locations or displays held in transient facilities which travel to different parts of the state. (56) 'Public road' means any road open to and intended for use by the public and maintained at public expense. (57) 'Purchase' means to acquire, obtain, or receive or to attempt to acquire, obtain, or receive by exchange of valuable consideration. This term specifically includes barter and exchange. (58) 'Raptor' means a live migratory bird of the order Falconiformes or the order Strigiformes, other than the bald eagle (Haliaeetus leucocephalus) or the golden eagle (Aquila chrysaetos). (59) 'Rats and mice' means any gnawing mammal of the class Mammalia, the subclass Theria, the order Rodentia, and either the family Muridae or the family Cricetidae and the genera Peromyscus, Sigmodon, Oryzomys, or Reithrodontomys.

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(59.1) 'Recreational bait shrimp cast net' means a cast net constructed of a minimum of three-eighths inch mesh with a radius not greater than eight feet and in compliance with the provisions of Code Section 27-4-13. Such term shall include any cast net which exceeds such minimum mesh size. (59.2) 'Recreational bait shrimp cast netting' means taking shrimp for noncommercial use as bait by means of a cast net. (59.3) 'Recreational food shrimp cast net' means a cast net constructed of a minimum of one-half inch bar mesh with a radius not greater than eight feet and in compliance with the provisions of Code Section 27-4-13. (59.4) 'Recreational food shrimp cast netting' means taking shrimp for noncommercial food purposes by means of a cast net. (60) 'Resident' means any citizens citizen of the United States who has been domiciled within the State of Georgia for a period of at least three months. For purposes of issuing or procuring the noncommercial hunting and fishing licenses required by this title, residents shall include full-time military personnel on active duty who list Georgia as their home of record in their official military files or who are stationed at a military base located in Georgia and the dependents of such military personnel. (61) 'Retail fish dealer' means any person engaged in the purchasing, raising, propagating, breeding, or other acquiring or possessing of live fish or fish eggs to be sold or furnished to others for use thereby, other than for resale or for aquaria. (62) 'Scientific' means of or relating to a systematic attempt, made at a public or private college, university, secondary school, or primary school, which college, university, or school is accredited by either the Georgia Accrediting Commission, Inc., or the Southern Association of Colleges and Schools; or made in the course of an independent study conducted in affiliation with any of the aforementioned institutions; or made by any chartered association or society organized for the purpose of conveying knowledge to its members; or made by a research facility or a governmental agency, for the purpose of discovering new knowledge through the possession of wild animals or wildlife for the testing of a theory or hypothesis, such theory or hypothesis to be tested according to the accepted procedures of observation, comparison, objective data collection, and analysis. (63) 'Seafood' means marine and estuarine fauna or flora used as food or of a kind suitable for food and specifically includes, but is not limited to, shrimp taken for bait and horseshoe crabs taken for bait. (64) 'Sell' means to dispose of, transfer, or convey or to attempt to dispose of, transfer, or convey by exchange of money or other valuable consideration. This term specifically includes barter and exchange. (65) 'Shedding facility' means a soft-shell crab facility containing a tank or other enclosure in which peelers are or may be kept alive until they shed their shells and become soft-shell crabs and containing such other equipment as may be prescribed by the department.

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(65.1) 'Shellfish' means common bivalve mollusks which includes all edible species of oysters, clams, mussels, or other bivalves. (65.2) 'Shellfish management area' means a wildlife management area where shellfish are managed by the state or lessees for the propagation of shellfish. (66) 'Shooting preserve' means any area utilized for the purpose of shooting or taking, or shooting and taking, game birds or pen raised game birds. (67) 'Small game' means all game animals and game birds other than big game. (68) 'Soft-shell crab' means a crab which has just emerged from its old shell and has a new soft, pliable shell. (69) 'Soft-shell crab dealer' means any person operating a shedding facility approved by the department. (70) 'State owned oyster or clam beds' means oyster or clam beds in which the right to plant, cultivate, and harvest oysters and clams is vested in the state pursuant to Code Sections 44-8-6, 44-8-7, and 44-8-8. (71) 'Taking' means killing, capturing, destroying, catching, or seizing. (71.1) 'Ten-foot net' means a trawl with a cork line not to exceed ten feet from tie-totie between the first and last mesh across the mouth of the net, a lead line not to exceed 13 feet from tie-to-tie between the first and last mesh across the mouth of the net, and leg lines of equal length. No webbing shall extend toward the door beyond the original brail lines which run vertically between the first tie at each end of the cork line and the first tie at each end of the lead line. (72) 'Trapping' means taking, killing, or capturing wildlife with traps. This term also includes all lesser acts such as placing, setting, or staking such traps, whether such acts result in taking or not, and attempting to take and assisting any person in taking or attempting to take wildlife with traps. (72.1) 'Twenty-foot net' means a trawl with a cork line not to exceed 20 feet from tieto-tie between the first and last mesh across the mouth of the net, a lead line not to exceed 25 feet from tie-to-tie between the first and last mesh across the mouth of the net, and leg lines of equal length. No webbing shall extend toward the doors beyond the original brail lines which run vertically between the first tie at each end of the cork line and the first tie at each end of the lead line. (73) 'Waters of this state' means any waters within the territorial limits of this state and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state except ponds or lakes not open to the public, whether such ponds or lakes are within the lands of one title or not. (74) 'Wholesale fish dealer' means any person engaged in purchasing, raising, propagating, breeding, or acquiring or possessing live fish or fish eggs to be sold or furnished to others for the purpose of resale, including any person engaged in transporting live fish or fish eggs into this state; provided, however, that any person who holds or sells only 'domestic fish' and is registered pursuant to Code Section 274-255 or any person who holds or sells fish solely for use in aquaria shall not be considered a wholesale fish dealer.

WEDNESDAY, MARCH 17, 2004

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(75) 'Wild animal' means any animal which is not wildlife and is not normally a domestic species in this state. This term specifically includes any hybrid or cross between any combination of a wild animal, wildlife, and a domestic animal. Offspring from all subsequent generations of such crosses or hybrids are wild animals. (76) 'Wild animal business' means the importation, transportation, or possession of any wild animal for the purpose of sale or transfer. (77) 'Wildlife' means any vertebrate or invertebrate animal life indigenous to this state or any species introduced or specified by the board and includes fish, except domestic fish produced by aquaculturists registered under Code Section 27-4-255, mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks or any part thereof; except that such term does not include any domestic fish produced by persons registered under Code Section 27-4-255 or any pacific white shrimp produced by or used in aquaculture and lawfully contained on the premises of an aquaculturalist as those terms are defined by Code Section 2-15-2."
SECTION 3. Said title is further amended by striking Code Section 27-2-14, relating to permits for liberation of wildlife or liberation of domestic fish, and inserting in lieu thereof the following:
"27-2-14. It shall be unlawful for any person to liberate any wildlife within this state or to liberate domestic fish or pacific white shrimp produced by aquaculture as defined in Code Section 2-15-2 except into private ponds, except under permit from the department; provided, however, that pen raised quail may be released for purposes of training pointing, flushing, and retrieving dogs."
SECTION 4. Said title is further amended by striking Code Section 27-4-75, relating to sale of fish by commercial fish hatcheries, sale of game fish, bill of sale or lading for possession of certain game fish and domestic fish, and sale of diseased fish, and inserting in lieu thereof the following:
"27-4-75. (a) It shall be unlawful to sell any fish from a commercial fish hatchery as defined in Code Section 27-1-2 unless the hatchery is licensed under Code Section 27-2-23 or except as follows:
(1) Fish may be sold as provided in Code Section 27-4-74 or 27-4-76; and (2) Domestic fish as defined in paragraph (23) of Code Section 27-1-2 and that are produced by an aquaculturist a person registered under Code Section 27-4-255. (b) Except as provided in Code Section 27-4-74 and except for persons licensed as wholesale or retail fish dealers as provided in Code Section 27-4-76, it shall be unlawful for anyone other than a commercial fish hatchery licensed under Code Section 27-2-23 to sell any species of game fish. It shall also be unlawful for any person to have in his or her possession any such game fish obtained from a commercial fish hatchery,

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wholesale fish dealer, or retail fish dealer or domestic fish from an aquaculturist registered under Code Section 27-4-255 without a bona fide bill of sale or lading which provides the date of transaction, identifies the seller, and details at least two of the following three criteria for each species of fish contained therein: number, weight, or average length. (c) It shall also be unlawful to sell fish from a commercial fish hatchery which the department has determined to have diseases or parasites which would be harmful to native fish populations."
SECTION 5. Said title is further amended by striking Code Section 27-4-76, relating to licensing of wholesale and retail fish dealers and sale, transportation into state, or possession of live fish and fish eggs, and inserting in lieu thereof the following:
"27-4-76. (a) It shall be unlawful to engage in the business of a wholesale or retail fish dealer, as defined in Code Section 27-1-2, without first obtaining an annual license from the department as provided in Code Section 27-2-23. Properly licensed wholesale fish dealers or retail fish dealers may sell game fish obtained from a licensed fish hatchery or domestic fish obtained from a person registered aquaculturist under Code Section 274-255 or as otherwise provided in Code Section 27-4-74. Notwithstanding any other provision to the contrary, a licensed commercial fish hatchery shall not be required to obtain a license as a wholesale fish dealer or a retail fish dealer. (b) Notwithstanding subsection (a) of this Code section, nonresident persons may sell and transport fish and fish eggs into the state without being required to procure a wholesale fish dealer license where the sale and shipment are made to a wholesale fish dealer duly licensed under Code Section 27-2-23. (c) The board may by regulation prohibit or limit the importation, possession, or sale in this state of live fish or fish eggs where the same are found to be harmful to endemic fish populations or where the importation, possession, or sale might introduce or spread disease or parasites. (d) The conservation rangers or other agents or officials of the department shall confiscate any fish imported, purchased, or acquired by any person in violation of this Code section or any regulation promulgated by the board pursuant to this Code section."
SECTION 6. Said title is further amended by striking Code Section 27-4-251, relating to a short title of an Act relating to aquaculture development; Code Section 27-4-252, relating to definitions relative to aquaculture development; Code Section 27-4-253, relating to creation of the Aquaculture Development Commission and its membership, bylaws, quorum, reimbursement for expenses, and meetings at the call of the chairman; Code Section 27-4-254, relating to duty of the commission to develop an aquaculture development plan, contents of the plan, meetings of the commission, and staff support;

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and Code Section 27-4-255, relating to registration required for sale of domestic fish and regulation of sale without registration, and inserting in lieu thereof the following:
"27-4-251. This article may be cited as the 'Georgia Aquaculture Development Act.' Reserved.
27-4-252. As used in this article, the term:
(1) 'Aquaculture' means the extensive or intensive farming of aquatic animals and plants. (2) 'Commission' means the Aquaculture Development Commission created by Code Section 27-4-253 Reserved.
27-4-253. (a) There is created the Aquaculture Development Commission. The commission shall be composed of 14 members as follows:
(1) The president of the Georgia Aquaculture Association or his representative, who shall serve as chairman of the commission; (2) The president of the Georgia Farm Bureau Federation or his representative; (3) The dean of the College of Agricultural and Environmental Sciences of the University of Georgia or his representative; (4) The chairman of the Committee on Agriculture and Consumer Affairs of the House of Representatives or his representative; (5) The chairman of the Committee on Agriculture of the Senate or his representative; (6) The Commissioner of Agriculture or his representative; (7) The commissioner of natural resources or his representative; (8) The commissioner of industry, trade, and tourism or his representative; and (9) Six members to be appointed by the president of the Georgia Aquaculture Association as follows:
(A) Four members shall be representatives of the aquaculture industry; (B) One member shall be a representative of the commercial fish farming supply and equipment industry; and (C) One member shall be a representative of a private industry which is doing research in the promotion of fish farming. Each of such six members shall be appointed for a term of two years and until a successor is appointed and assumes membership on the commission. The terms of the first six such members shall begin on July 1, 1989. (b) The members of the commission shall enter upon their duties without further act or formality. The commission may make such bylaws for its government as it deems necessary but is under no duty to do so. The commission may appoint working subcommittees based on identified needs. These subcommittees may consist of

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noncommission members who exhibit an interest in the development of the aquaculture industry of Georgia. (c) Eight members of the commission shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted the commission by this article. No vacancy on the commission shall impair the right of a quorum to transact any and all business of the commission. (d) The members shall not receive compensation for their services on the commission but those members who are public officials or employees shall be reimbursed from the funds of their employing department, agency, or branch of government for per diem, travel, and other expenses in the same manner and amount as they otherwise receive for performing services for their respective departments, agencies, or branches of government. (e) The commission shall meet upon the call of its chairman Reserved.
27-4-254. (a) The commission shall make a thorough study of aquaculture and the potential for development and enhancement of aquaculture in the state. It shall be the duty of the commission to develop, distribute, and, from time to time, amend an aquaculture development plan for the State of Georgia for the purpose of facilitating the establishment and growth of economically viable aquaculture enterprises in Georgia. Such plan shall include:
(1) An evaluation of Georgias natural resources as they relate to aquaculture; (2) An evaluation of species with potential for culture in Georgia; (3) An identification of constraints to development of aquaculture in Georgia and recommendations on methods to alleviate these constraints; (4) An identification of the roles of the Department of Agriculture and the Department of Natural Resources in supporting the aquaculture industry, including an evaluation of existing physical and personnel resources and recommendations for allocation of additional resources where needed; (5) Recommendations for implementation of the plan; and (6) An identification of the role of other state and federal agencies in the development of the aquaculture industry. (b) The commission is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this article which are necessary or convenient to enable it to exercise its powers, perform its duties, and accomplish the objectives and purposes of this article. (c) Staff support for the commission shall be provided by the Department of Natural Resources with assistance from the Department of Agriculture and the Department of Industry, Trade, and Tourism Reserved.
27-4-255. Any person engaged in the sale of domestic fish, except grocery stores, shall apply to

WEDNESDAY, MARCH 17, 2004

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the department for an aquaculture registration for such purpose. The domestic fish of a person so registered aquaculture producer shall be privately owned subject to regulation by the Department of Natural Resources; provided, however, any person selling 'domestic fish' without first obtaining an aquaculture registration registering as required by this Code section shall be considered to be selling 'wildlife' or 'wild animals' and shall be subject to the provisions of this title governing such sale."
SECTION 7. This Act shall become effective only upon the effective date of a specific appropriation of funds for purposes of this Act as expressed in a line item of an appropriations Act enacted by the General Assembly.
SECTION 8. 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 Anderson
Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell

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

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

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

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
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 E Warren Y Watson Y Westmoreland

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

JOURNAL OF THE HOUSE

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

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

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

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

On the passage of the Bill, by substitute, the ayes were 145, nays 14.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Mangham of the 62nd, Mobley of the 58th and Stephenson of the 60th, Post 1 stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1167. By Representatives Forster of the 3rd, Post 1 and Heard of the 70th, Post 3:
A BILL to amend Code Section 43-4-11 of the Official Code of Georgia Annotated, relating to the qualifications of applicants for examination or certificate of registration to practice architecture, so as to extend certain deadlines for the use of certain educational and training requirements to qualify for examination by the Georgia State Board of Architects and Interior Designers; 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 Anderson
Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs

Y Day Y Dean Y Deloach
Dix Dodson Y Dollar Y Dooley Y Douglas Y Drenner Dukes Y Ehrhart

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell E Hudson Y Hugley
Jackson Y James

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L
Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow

Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, MARCH 17, 2004

Y Elrod Y Epps Y Fleming E Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T
Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones
Jordan Y Joyce
Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott
Shaw Y Sheldon

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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 E Warren Y Watson 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, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Mangham of the 62nd, Mobley of the 58th and Stephenson of the 60th, Post 1 stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1632. By Representatives Butler of the 88th, Post 1, Oliver of the 56th, Post 2, Bordeaux of the 125th, Stokes of the 72nd, Harper of the 88th, Post 2 and others:
A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for certain matters relating to a child under circumstances where one parent has been convicted of the murder of the child's other parent; to amend certain provisions relating to reunification; to amend certain provisions relating to grounds for termination of parental rights; and for other purposes.

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

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

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

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

Y Sholar Y Sims N Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T
Smith, V Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Thomas, A.M Y Thompson Y Walker, L Walker, R.L E Warren Y Watson 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, the ayes were 149, nays 3. The Bill, having received the requisite constitutional majority, was passed.

Representatives Mobley of the 58th and Stephenson of the 60th, Post 1 stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

HR 1683. By Representatives Snow of the 1st, Reece of the 11th and Lane of the 101st:
A RESOLUTION recognizing and commending Mr. Kimelan Millican and inviting him to appear before the House of Representatives; and for other purposes.

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Friday, March 19, 2004.

2434

JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia
Friday, March 19, 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 Anderson Ashe Bannister Barnard Birdsong Black Bordeaux Bridges Brock Brooks Brown E Bruce Buck Buckner, D Buckner, G Bunn Burmeister Campbell Chambers Childers Coan Coleman, B Cooper

Cummings Day E Deloach Dix Dodson Dooley Douglas Drenner Dukes Fleming E Floyd, H Floyd, J Fludd Forster Franklin Gardner Graves, D E Graves, T Greene Harbin Heard, J Heard, K Heath Hembree

Hill, C Hines Houston Howard E Hudson Jackson James Jamieson Jenkins, C.F Jordan E Joyce Knox Lane Lewis Lord Lunsford Manning Maxwell McBee Millar Mills Moraitakis Mosby Mosley

Murphy, J Murphy, Q Noel E Oliver, B Oliver, M O'Neal Orrock Parrish Parsons Porter Ralston E Randall Reece, B Reece, S Rice Richardson Royal Rynders Scott Shaw Sheldon Skipper Smith, L

Smith, P Smith, T Smith, V Snow Stephens, R Stokes Stoner Teilhet Teper Thomas, A.M Thompson Walker, L E Walker, R.L E Warren Watson White Wilkinson Willard Williams, E Williams, R E Wix E Yates Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Barnes of the 84th, Post 2; Beasley-Teague of the 48th, Post 2; Boggs of the 145th; Broome of the 141st, Post 2; Burkhalter of the 36th; Butler of the 88th, Post 1; Casas of the 68th; Dean of the 49th; Dollar of the 31st; Ehrhart of the 28th; Elrod of the 25th; Epps of the 90th; Golick of the 34th, Post 3; Greene-Johnson of the 60th, Post 3; Hanner of the 133rd; Harper of the 88th, Post 2; Harrell of the 54th; Hill of the 81st; Hill of the 147th; Holmes of the 48th, Post 1; Howell of the 92nd; Hugley of the 113th; Jenkins of the 93rd; Keen of the 146th; Lucas of the 105th; Maddox of the 59th, Post 2; Mangham of the 62nd; Marin of the 66th; Massey of the 24th; McCall of the 78th; McClinton of the 59th, Post 1; Mitchell of the 61st, Post 3; Mobley of the 58th; Morris of the 120th; Parham of the 94th; Powell of the 23rd; Purcell of the 122nd; Ray of the 108th; Roberts of the 135th; Roberts of the 131st; Rogers of the 20th; Rogers of the 15th;

FRIDAY, MARCH 19, 2004

2435

Sailor of the 61st, Post 1; Sholar of the 141st, Post 1; Sinkfield of the 50th; Smith of the 76th; Smyre of the 111th; Stanley-Turner of the 43rd, Post 2; Stephens of the 124th, Post 2; Stephenson of the 60th, Post 1; Westmoreland of the 86th; and Williams of the 128th.
They wish to be recorded as present.

Prayer was offered by Bishop Victor L. Powell, Rhema Word International Ministries, Albany, 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.

The following communication was received:

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JOURNAL OF THE HOUSE
House of Representatives Legislative Office Building, Room 512
Atlanta, Georgia 30334

March 19, 2004

The Honorable Robbie Rivers Clerk, House of Representatives 309 State Capitol Atlanta, Georgia 30334
Dear Robbie:
I will not be present in the House Chamber on today as I am still in Augusta, providing support and assistance to my wife Diane.
The recovery process is taking a bit longer than anticipated. Diane is still suffering and is experiencing both chest and back pain. I plan to return to the House Chamber on Monday, March 22, 2004. Thank you for your kind support and assistance during this time of family crisis.
Sincerely,
/s/ Pete Warren State Representative, District 99
PW:lj

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 1807. By Representative Benfield of the 56th, Post 1:
A BILL to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the payment and disposition of fines and forfeitures, so as to authorize the collection of a civil filing fee in certain courts; to provide for distribution of the fee revenue; to provide for deposit of the fee revenue into a separate fund; and for other purposes.

FRIDAY, MARCH 19, 2004 Referred to the Committee on Special Judiciary.

2437

HB 1808. By Representative Porter of the 119th:
A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that a judge of any court may request the assistance of a senior magistrate; to provide for circumstances under which a request may be made; to provide for compensation; and for other purposes.

Referred to the Committee on Judiciary.

HB 1809. By Representatives Mobley of the 58th and Beasley-Teague of the 48th, Post 2:
A BILL to amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer related crimes, so as to provide certain definitions; to establish a Child Protection Registry; to provide for registration of contact points for minors or schools that primarily serve minors; to prohibit improper communications with registered contact points; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1810. By Representatives Rogers of the 15th, Franklin of the 17th, Knox of the 14th, Post 1 and Hill of the 16th:
A BILL to authorize the City of Holly 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 1811. By Representatives Morris of the 120th, Parrish of the 102nd, DeLoach of the 127th, Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:

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JOURNAL OF THE HOUSE
A BILL to create the Candler County Public Building Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; and for other purposes.

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

HB 1812. By Representative Floyd of the 132nd:
A BILL to amend Code Section 40-3-56 of the Official Code of Georgia Annotated, relating to the satisfaction of security interests and liens on motor vehicles, so as to provide a penalty for the failure to provide a cancellation or release of the security interest in a timely manner; and for other purposes.

Referred to the Committee on Banks & Banking.

HB 1813. By Representatives Houston of the 139th, Purcell of the 122nd and Jamieson of the 22nd:
A BILL to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to limit attorney's fees in medical malpractice claims; to provide application to recovery by settlement, arbitration, mediation, or judgment; to provide that the Act does not preclude contracts for fees less than the limits, court assessment of reasonable fees, and court determination that attorney's fees are unreasonably high; and for other purposes.

Referred to the Committee on Judiciary.

HR 1648. By Representatives Williams of the 4th, White of the 3rd, Post 2, Franklin of the 17th, Jamieson of the 22nd, Brock of the 5th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that law enforcement agencies of the state shall cooperate fully with federal immigration authorities; to provide that illegal aliens are barred from receiving any public services provided by the state or any political subdivision of the state; to provide that illegal aliens are barred from

FRIDAY, MARCH 19, 2004

2439

receiving publicly funded health care services provided by the state or any political subdivision of the state; and for other purposes.

Referred to the Committee on Judiciary.

HR 1651. By Representatives Epps of the 90th, Channell of the 77th, Childers of the 13th, Post 1, Shaw of the 143rd and Howard of the 98th:
A RESOLUTION creating the House Study Committee on the State Public Health System; and for other purposes.

Referred to the Committee on Health & Human Services.

HR 1678. By Representative Royal of the 140th:
A RESOLUTION creating the House Lottery Technology Study Committee; and for other purposes.

Referred to the Committee on Regulated Industries.

HR 1679. By Representative Gardner of the 42nd, Post 3:
A RESOLUTION creating the House Study Committee on Truck and Highway Safety; and for other purposes.

Referred to the Committee on Motor Vehicles.

HR 1684. By Representatives Parrish of the 102nd, Stephens of the 123rd, Keen of the 146th, Burmeister of the 96th and Jackson of the 124th, Post 1:
A RESOLUTION urging the United States congress to provide for a domestic energy policy that will ensure an adequate supply of natural gas and develop the appropriate infrastructure; and for other purposes.

2440

JOURNAL OF THE HOUSE

Referred to the Committee on Economic Development & Tourism.

HR 1685. By Representatives Orrock of the 51st, Bordeaux of the 125th, Stephens of the 123rd, Stephens of the 124th, Post 2, Purcell of the 122nd and others:
A RESOLUTION urging the Congress of the United States to restore the Georgia radiation monitoring program for radionuclides in the soil, air, water, vegetation, milk, fish, and wildlife from the United States Department of Energy's Savannah River Site; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

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

HB 1794 HB 1795 HB 1796 HB 1797 HB 1798 HB 1799 HB 1800 HB 1801 HB 1803 HB 1804 HB 1805 HB 1806 HR 1630 HR 1643 SB 144 SB 263 SB 350 SB 392 SB 414 SB 423 SB 445 SB 451 SB 453 SB 460 SB 471

SB 517 SB 524 SB 541 SB 550 SB 560 SB 561 SB 563 SB 568 SB 579 SB 582 SB 584 SB 588 SB 594 SB 599 SB 603 SB 604 SB 608 SR 579 SR 589 SR 669 SR 678 SR 704 SR 760 SR 843 SR 850

SB 487 SB 495 SB 500 SB 516

FRIDAY, MARCH 19, 2004
SR 858 SR 866 SR 869

2441

Pursuant to Rule 52, Representative Porter of the 119th moved that the following Bill of the House be engrossed:

HB 1803. By Representatives Porter of the 119th, Skipper of the 116th, Childers of the 13th, Post 1, Parrish of the 102nd, Bordeaux of the 125th and others:

A BILL to enact the "Frivolous Litigation Prevention Act"; to provide for legislative findings; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to change provisions relating to signing of pleadings and other documents, representation to the court, and sanctions; to change provisions relating to failure to make discovery, sanctions, and expenses; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

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

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

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

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

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

2442
Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper
Crawford Y Cummings

JOURNAL OF THE HOUSE

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

Y Marin Martin
E Massey N Maxwell Y McBee
McCall McClinton N Millar N Mills

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

On the motion the ayes were 73, nays 61. The motion was lost.

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

Representative Scott of the 138th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Mangham of the 62nd 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.

Pursuant to Rule 52, Representative Porter of the 119th moved that the following Bill of the House be engrossed:

HB 1804. By Representatives Porter of the 119th, Skipper of the 116th, Childers of the 13th, Post 1, Parrish of the 102nd, Bordeaux of the 125th and others:

A BILL to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the Georgia Civil Practice Act, so as to require that a civil case or domestic relations filing information form be filed with a complaint; to require that a civil case or domestic relations final disposition form be filed with a judgment; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister N Barnard N Barnes
Beasley-Teague

Day Dean Y Deloach Y Dix N Dodson N Dollar Y Dooley

N Hill, C.A Y Hill, V N Hines Y Holmes N Houston Y Howard
Howell

Y Mitchell Y Mobley Y Moraitakis N Morris Y Mosby Y Mosley N Murphy, J

Sholar Y Sims
Sinkfield Y Skipper N Smith, B
Smith, L Smith, P

Y Benfield Y Birdsong
Black Boggs Y Bordeaux Borders N Bridges N Brock Y Brooks Y Broome N Brown E Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister Butler N Campbell Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper Crawford Y Cummings

FRIDAY, MARCH 19, 2004

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

Y Hudson Y Hugley Y Jackson N James
Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan E Joyce N Keen N Knox Y Lane N Lewis Y Lord
Lucas N Lunsford Y Maddox Y Mangham N Manning Y Marin N Martin E Massey N Maxwell
McBee Y McCall Y McClinton N Millar N Mills

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

On the motion the ayes were 76, nays 66. The motion was lost.

2443
Smith, T N Smith, V Y Smyre
Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L E Walker, R.L E Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R E Wix E Yates
Coleman, Speaker

Pursuant to Rule 52, Representative Porter of the 119th moved that the following Bill of the House be engrossed:

HB 1805. By Representatives Porter of the 119th, Skipper of the 116th, Childers of the 13th, Post 1, Parrish of the 102nd, Bordeaux of the 125th and others:
A BILL to amend Chapter 2 of Title 51 of the Official Code of Georgia Annotated, relating to imputable negligence, so as to provide that hospitals shall be insulated from liability for the acts of emergency room physicians who are independent contractors providing emergency health care services in a hospital emergency room; to provide for definitions; to provide for notice requirements regarding independent contractor physicians to the public; and for other purposes.

2444

JOURNAL OF THE HOUSE

On the motion, the roll call was ordered and the vote was as follows:

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

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

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

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

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

On the motion the ayes were 72, nays 72. The motion was lost.

Pursuant to Rule 52, Representative Porter of the 119th moved that the following Bill of the House be engrossed:

HB 1806. By Representatives Porter of the 119th, Skipper of the 116th, Lord of the 103rd, Childers of the 13th, Post 1, Parrish of the 102nd and others:

FRIDAY, MARCH 19, 2004

2445

A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that insurance agents, subagents, and brokers shall be prohibited from entering into agreements with purchasers or holders of malpractice insurance that restrict such purchasers or holders from using another agent, subagent, or broker to purchase or renew a malpractice insurance policy; to provide remedies and penalties for such agreements; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

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

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

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

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

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

On the motion the ayes were 77, nays 72. The motion was lost.

2446

JOURNAL OF THE HOUSE

Representative Powell of the 23rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 449 Do Pass, by Substitute

Respectfully submitted, /s/ Powell of the 23rd
Chairman

Representative Hanner of the 133rd District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 1579 Do Pass SB 460 Do Pass, by Substitute

Respectfully submitted, /s/ Hanner of the 133rd
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HR 1038 Do Pass HR 1646 Do Pass HR 1647 Do Pass

FRIDAY, MARCH 19, 2004
HR 1649 Do Pass HR 1682 Do Pass HR 1683 Do Pass

2447

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

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 1762 Do Pass HB 1764 Do Pass HB 1776 Do Pass HB 1777 Do Pass HB 1780 Do Pass HB 1781 Do Pass HB 1782 Do Pass

HB 1783 Do Pass HB 1784 Do Pass HB 1786 Do Pass HB 1787 Do Pass HB 1788 Do Pass HB 1789 Do Pass HR 1577 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR FRIDAY, MARCH 19, 2004

Mr. Speaker and Members of the House:

2448

JOURNAL OF THE HOUSE

The Committee on Rules has fixed the calendar for this 34th Legislative Day as enumerated below:

SB 421 SB 467 SB 501

Georgia Municipal Training Act; clarify training of municipal clerks Cruelty to children; redefine; criminal negligence, serious injury; penalties State Depository Board; authorized investments; change certain provisions

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

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

HB 1762. By Representatives Ralston of the 6th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to provide for a homestead exemption from certain Fannin County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

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

HB 1764. By Representatives Ralston of the 6th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to provide for a homestead exemption from Fannin County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for certain residents of that school district who are 70 years of age or older; and for other purposes.

FRIDAY, MARCH 19, 2004

2449

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

HB 1776. By Representatives Parsons of the 29th, Stoner of the 34th, Post 1, Wilkinson of the 41st, Franklin of the 17th, Wix of the 33rd, Post 1 and others:
A BILL to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; and for other purposes.

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

HB 1777. By Representatives Oliver of the 121st, Post 2 and Barnard of the 121st, Post 1:
A BILL to create the Jeff Davis County Public Facilities Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; and for other purposes.

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

HB 1780. By Representatives Purcell of the 122nd and Stephens of the 123rd:
A BILL to amend an Act reincorporating the City of Guyton in the County of Effingham, so as to annex certain territory into the city and change the corporate limits of the city; and for other purposes.

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

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JOURNAL OF THE HOUSE

HB 1781. By Representatives Purcell of the 122nd and Stephens of the 123rd:
A BILL to amend an Act reincorporating the City of Guyton in the County of Effingham, so as to annex certain territory into the city and change the corporate limits of the city; and for other purposes.

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

HB 1782. By Representatives Williams of the 4th, Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to provide a homestead exemption from City of Dalton independent school district ad valorem taxes for educational purposes in the amount of $150,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or over; and for other purposes.

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

HB 1783. By Representatives Williams of the 4th, Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to provide for a homestead exemption from City of Dalton ad valorem taxes for municipal purposes in the amount of $150,000.00 of the assessed value of the homestead for residents of that city who are 70 years of age or over; and for other purposes.

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

HB 1784. By Representatives Porter of the 119th and Coleman of the 118th:
A BILL to amend an Act providing a charter for the City of East Dublin, so as to change the corporate limits of the city; and for other purposes.

FRIDAY, MARCH 19, 2004

2451

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

HB 1786. By Representatives Lucas of the 105th, Randall of the 107th and Graves of the 106th:
A BILL to provide for the creation of one or more community improvement districts in the City of Macon; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; and for other purposes.

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

HB 1787. By Representatives Harbin of the 80th and Fleming of the 79th:
A BILL to amend an Act to provide for the election of the members of the board of education of Columbia County, so as to provide for the holding of a nonbinding referendum in the Columbia County School District in conjunction with the 2004 General Election on the question of whether the chairperson of the Columbia County Board of Education should be elected by the voters of the entire Columbia County School District; and for other purposes.

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

HB 1788. By Representatives Birdsong of the 104th, Parham of the 94th, Jenkins of the 93rd and Lucas of the 105th:
A BILL to amend an Act creating a new charter for the City of Gray, so as to change the corporate limits of that city; and for other purposes.

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

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JOURNAL OF THE HOUSE

HB 1789. By Representatives Hanner of the 133rd and Rynders of the 137th:
A BILL to create the Lee County Parks and Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate golf courses and associated facilities and athletic and recreational centers, facilities, and areas; and for other purposes.

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

HR 1577. By Representatives Brown of the 89th, Epps of the 90th and Smith of the 110th:
A RESOLUTION urging the members of the board of commissioners of Troup County and the Troup County Board of Education to bring to an amicable close their dispute concerning the collection of ad valorem taxes; and for other purposes.

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

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson
Ashe Bannister Y Barnard Y Barnes Beasley-Teague Y Benfield Y Birdsong Y Black Boggs Y Bordeaux Borders Y Bridges Y Brock Y Brooks Y Broome

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar
Dooley Y Douglas Y Drenner
Dukes Y Ehrhart E Elrod Y Epps Y Fleming E Floyd, H Y Floyd, J Y Fludd

Y Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell Y Hudson
Hugley Y Jackson Y James
Jamieson Jenkins, C Y Jenkins, C.F Jones Y Jordan E Joyce

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T
Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner

Y Brown E Bruce
Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

FRIDAY, MARCH 19, 2004

Y Forster Franklin Gardner
Y Golick Graves, D
E Graves, T Y Greene
Greene-Johnson Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Heath Y Heckstall Y Hembree Y Henson Hill, C

Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Maddox Mangham Y Manning E Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

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

2453
Y Teilhet Y Teper
Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L E Walker, R.L E Warren
Watson Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Williams, E Williams, R E Wix E Yates Coleman, Speaker

On the passage of the Bills, the ayes were 131, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representatives Jenkins of the 93rd and Mangham of the 62nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Benfield of the 56th, Post 1 arose to a point of personal privilege and addressed the House.

Representative Stokes of the 72nd arose to a point of personal privilege and addressed the House.

Representative Moraitakis of the 42nd, Post 4 arose to a point of personal privilege and addressed the House.

Representative Thompson of the 69th, Post 1 arose to a point of personal privilege and addressed the House.

2454

JOURNAL OF THE HOUSE

Representative Teilhet of the 34th, Post 2 arose to a point of personal privilege and addressed the House.

Representative Willard of the 40th arose to a point of personal privilege and addressed the House.

Representative Crawford of the 91st arose to a point of personal privilege and addressed the House.

Representative Oliver of the 56th, Post 2 arose to a point of personal privilege and addressed the House.

Representative Brown of the 89th arose to a point of personal privilege and addressed the House.

Representative Skipper of the 116th assumed the chair.

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

HR 1038. By Representatives Watson of the 60th, Post 2, Stephenson of the 60th, Post 1, Greene-Johnson of the 60th, Post 3, McClinton of the 59th, Post 1 and Williams of the 61st, Post 2:
A RESOLUTION commending the DeKalb County Section of the National Council of Negro Women and inviting them to appear before the House of Representatives; and for other purposes.

HR 1646. By Representatives Bannister of the 70th, Post 1 and Heard of the 70th, Post 3:
A RESOLUTION inviting the coaches and players of the South Gwinnett High School Comets basketball team to appear before the House of Representatives; and for other purposes.

FRIDAY, MARCH 19, 2004

2455

HR 1647. By Representatives Martin of the 37th, Parrish of the 102nd, Burkhalter of the 36th, Coleman of the 118th and Jones of the 38th:
A RESOLUTION commending and recognizing the Dodge Tour de Georgia and inviting representatives to appear before the House of Representatives; and for other purposes.

HR 1649. By Representatives Bruce of the 45th, Holmes of the 48th, Post 1, Fludd of the 48th, Post 4, Heckstall of the 48th, Post 3, Beasley-Teague of the 48th, Post 2 and others:
A RESOLUTION honoring the Benjamin E. Mays High School Raiders basketball team and inviting the team to appear before the House of Representatives; and for other purposes.

HR 1682. By Representatives Stephenson of the 60th, Post 1, Mobley of the 58th, Sinkfield of the 50th and Mitchell of the 61st, Post 3:
A RESOLUTION honoring Sigma Theta Sorority, Inc.; declaring March 19, 2004, as Delta Sigma Theta Day; inviting representatives of the sorority to appear before this body; and for other purposes.

HR 1683. By Representatives Snow of the 1st, Reece of the 11th and Lane of the 101st:
A RESOLUTION recognizing and commending Mr. Kimelan Millican and inviting him to appear before the House of Representatives; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 421. By Senators Unterman of the 45th, Johnson of the 1st and Moody of the 27th:
A BILL to be entitled an Act to amend Chapter 45 of Title 36 of the Official Code of Georgia Annotated, relating to municipal training, so as to eliminate the board of the Harold F. Holtz Municipal Training Institute; to clarify the

2456

JOURNAL OF THE HOUSE
training of municipal clerks; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

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

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

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

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

Sholar Sims Y Sinkfield 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 Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L E Walker, R.L E Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix E Yates Coleman, Speaker

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 19, 2004

2457

Representatives Mangham of the 62nd and Sims of the 130th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 501. By Senators Price of the 56th and Levetan of the 40th:
A BILL to be entitled an Act to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to change certain provisions regarding authorized investments of the State Depository Board; to repeal conflicting laws; and for other purposes.

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

On the passage of the Bill, 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
Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce
Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan

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

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

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

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

2458
Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Heckstall Y Hembree Y Henson Y Hill, C

Y McCall Y McClinton Y Millar Y Mills

Sailor Y Scott Y Shaw Y Sheldon

Y Williams, R E Wix E Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Forster of the 3rd, Post 1 and Mangham of the 62nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The Speaker Pro Tem assumed the Chair.

SB 467. By Senators Lee of the 29th, Shafer of the 48th, Smith of the 52nd, Johnson of the 1st, Balfour of the 9th and others:
A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to define criminal negligence; to provide for legislative findings and intent; to change the definition of cruelty to children and to provide for third degree cruelty to children; to provide for penalties; to provide for definitions; to make it unlawful for persons to engage in certain activities associated with manufacturing or possessing methamphetamine in the presence of children; to redefine the term "serious injury" to include sexual abuse of a minor under the age of 16 years; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes Y Beasley-Teague

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P

Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D
Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

FRIDAY, MARCH 19, 2004

Y Douglas Y Drenner Y Dukes E 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 E Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

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 Y Knox Y Lane Y Lewis
Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell E McBee Y McCall Y McClinton Y Millar Y Mills

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

2459
Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L E Walker, R.L E Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix E Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 161, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Buckner of the 82nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Rynders of the 137th was excused on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolutions of the House were read and adopted:

HR 1687. By Representatives Jenkins of the 93rd, Crawford of the 91st and Howell of the 92nd:

2460

JOURNAL OF THE HOUSE
A RESOLUTION commending James Talmadge Woodall on attaining the rank of Eagle Scout; and for other purposes.

HR 1688. By Representative Birdsong of the 104th:
A RESOLUTION honoring and remembering the life of Mr. Bobby L. Noble; and for other purposes.

HR 1689. By Representatives Lane of the 101st, Parrish of the 102nd, Oliver of the 121st, Post 2, Barnard of the 121st, Post 1 and DeLoach of the 127th:
A RESOLUTION honoring and remembering the life of Mr. Gordon Alston; and for other purposes.

HR 1690. By Representative Greene of the 134th:
A RESOLUTION commending the Randolph-Clay High School girls basketball team; and for other purposes.

HR 1691. By Representative Greene of the 134th:
A RESOLUTION commending the Randolph-Clay High School boys basketball team; and for other purposes.

HR 1692. By Representatives Rogers of the 20th, Coleman of the 118th, Jamieson of the 22nd, Houston of the 139th, DeLoach of the 127th and others:
A RESOLUTION recognizing and commending Honorable Larry Walker; and for other purposes.

HR 1693. By Representatives Jones of the 38th, Campbell of the 39th, Burkhalter of the 36th and Martin of the 37th:
A RESOLUTION recognizing and commending Crabapple Crossing Elementary School on its designation as a 2004 Georgia School of Excellence in Student Achievement; and for other purposes.

FRIDAY, MARCH 19, 2004

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HR 1694. By Representative Hembree of the 46th:
A RESOLUTION commending June Keen and congratulating her on receiving the H. F. Johnson Community Service Award and expressing great appreciation for her tireless volunteerism; and for other purposes.

HR 1695. By Representatives Floyd of the 132nd and James of the 114th:
A RESOLUTION recognizing and commending the Slosheye Trail Big Pig Jig; and for other purposes.

HR 1696. By Representative Noel of the 44th:
A RESOLUTION commending Frederick Douglass High School and recognizing its participation in the For Inspiration and Recognition of Science and Technology Robotics Competition; and for other purposes.

HR 1697. By Representatives Lunsford of the 85th, Post 2, Maddox of the 59th, Post 2, Buckner of the 82nd, Yates of the 85th, Post 1, Mosby of the 59th, Post 3 and others:
A RESOLUTION commending Lorena Lowe on her 100th birthday; and for other purposes.

HR 1698. By Representatives Snow of the 1st, Chambers of the 53rd and Bannister of the 70th, Post 1:
A RESOLUTION commending police chiefs and other heads of law enforcement agencies in this state and observing a day of recognition; and for other purposes.

HR 1699. By Representative Hembree of the 46th:
A RESOLUTION commending Mr. Jim Hinton and recognizing his 40 years of service to the United States Postal Service and congratulating him on the occasion of his retirement; and for other purposes.

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JOURNAL OF THE HOUSE

HR 1700. By Representative Parsons of the 29th:
A RESOLUTION commending Floyd Wayne Little and Barbara Fouts Little and recognizing their over 47 years of marriage; and for other purposes.

HR 1701. By Representatives Parrish of the 102nd, Buck of the 112th, Coleman of the 118th, Channell of the 77th, Powell of the 23rd and others:
A RESOLUTION commending Georgia State Patrol Trooper Thomas Young and recognizing his service to Georgia and its capitol; and for other purposes.

HR 1702. By Representatives Parrish of the 102nd, Buck of the 112th, Coleman of the 118th, Channell of the 77th, Powell of the 23rd and others:
A RESOLUTION commending Georgia State Patrol Trooper First Class C. A. Henry and recognizing his service to Georgia and its capitol; and for other purposes.

HR 1703. By Representatives Parrish of the 102nd, Buck of the 112th, Coleman of the 118th, Channell of the 77th, Powell of the 23rd and others:
A RESOLUTION commending Georgia State Patrol Captain Al Wilson and recognizing his service to Georgia and its capitol; and for other purposes.

HR 1704. By Representatives Buck of the 112th, Coleman of the 118th, Porter of the 119th, Snow of the 1st, Skipper of the 116th and others:
A RESOLUTION commending the Georgia State Patrol Capitol Detachment and recognizing its service to Georgia and its capitol; and for other purposes.

HR 1705. By Representatives Parrish of the 102nd, Buck of the 112th, Coleman of the 118th, Channell of the 77th, Powell of the 23rd and others:
A RESOLUTION commending Georgia State Patrol Trooper First Class Mike Presley and recognizing his service to Georgia and its capitol; and for other purposes.

FRIDAY, MARCH 19, 2004

2463

HR 1706. By Representatives Parrish of the 102nd, Buck of the 112th, Coleman of the 118th, Channell of the 77th, Powell of the 23rd and others:
A RESOLUTION commending Georgia State Patrol Trooper First Class Bryan Clanton and recognizing his service to Georgia and its capitol; and for other purposes.

HR 1707. By Representatives Greene-Johnson of the 60th, Post 3, Mitchell of the 61st, Post 3, Sailor of the 61st, Post 1, Williams of the 61st, Post 2, Watson of the 60th, Post 2 and others:
A RESOLUTION commending the Reverend Cynthia L. Hale and congratulating her on the 25th anniversary of her ordination; and for other purposes.

HR 1708. By Representatives Day of the 126th, Stephens of the 124th, Post 2, Jackson of the 124th, Post 1, Stephens of the 123rd, Bordeaux of the 125th and others:
A RESOLUTION commending Mr. Cullen Chambers, director of the Tybee Island Historical Society, for his valiant efforts to restore Tybee Island's lighthouse and other historical treasures; and for other purposes.

HR 1709. By Representatives Day of the 126th, Stephens of the 123rd, Bordeaux of the 125th, Stephens of the 124th, Post 2, Jackson of the 124th, Post 1 and others:
A RESOLUTION recognizing Sodman Landscaping and Tom Lewis; and for other purposes.

HR 1710. By Representatives Day of the 126th, Stephens of the 123rd, Bordeaux of the 125th, Stephens of the 124th, Post 2, Jackson of the 124th, Post 1 and others:
A RESOLUTION recognizing Carriage Trade Public Relations and Marjorie Young; and for other purposes.

HR 1711. By Representatives Day of the 126th, Stephens of the 123rd, Bordeaux of the 125th, Stephens of the 124th, Post 2, Jackson of the 124th, Post 1 and others:

2464

JOURNAL OF THE HOUSE
A RESOLUTION recognizing Tri-County GMAC Realty and Dianne Kessler; and for other purposes.

HR 1712. By Representative Willard of the 40th:
A RESOLUTION commending Michael Vaughn Mason on attaining the rank of Eagle Scout; and for other purposes.

HR 1713. By Representatives Keen of the 146th, Stephens of the 123rd and Purcell of the 122nd:
A RESOLUTION recognizing and commending Georgia's 224th Joint Communications Support Squadron; and for other purposes.

HR 1714. By Representatives Heard of the 75th and McBee of the 74th: A RESOLUTION commending the Walker Brothers; and for other purposes.

HR 1715. By Representatives Hanner of the 133rd, Forster of the 3rd, Post 1, Rogers of the 20th, Walker of the 115th, Hudson of the 95th and others:
A RESOLUTION commending Mrs. Rae Nell Bennett for over 15 years of dedicated and faithful service advocating for Georgia's elder citizens; and for other purposes.

HR 1716. By Representative Coleman of the 118th:
A RESOLUTION commending and saluting Atlantic Southeastern Airlines on its newly established aviation industry internship program; and for other purposes.

HR 1717. By Representatives Drenner of the 57th, Henson of the 55th, Benfield of the 56th, Post 1 and Greene-Johnson of the 60th, Post 3:
A RESOLUTION recognizing Image Clarkston, Inc.; and for other purposes.

FRIDAY, MARCH 19, 2004

2465

HR 1718. By Representatives Harbin of the 80th, Fleming of the 79th and Burmeister of the 96th:
A RESOLUTION commending Malik Stephen McCuller; and for other purposes.

Representative Snow of the 1st District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 198 Do Pass, by Substitute

Respectfully submitted, /s/ Snow of the 1st
Chairman

Representative Skipper of the 116th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, March 22, 2004, and the motion prevailed.
The Speaker Pro Tem announced the House adjourned until 10:00 o'clock, A.M., Monday, March 22, 2004.

2466

JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia
Monday, March 22, 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 Benfield Birdsong Black Boggs Bordeaux Bridges Brock Brooks Broome Brown E Bruce Buck Buckner, D Buckner, G Bunn Burkhalter Burmeister Campbell Casas Chambers Channell Childers Coan

E Coleman, B Cooper Cummings Deloach Dodson Dooley Douglas Drenner Dukes Ehrhart Epps Fleming Floyd, J Fludd Forster Franklin Gardner Graves, D Graves, T Greene Harbin
E Heard, J Heath Heckstall Hembree Henson Hill, C.A

Hill, V Hines Houston Howell Hudson Jackson James Jamieson Jenkins, C.F Jones E Joyce Keen Knox Lewis Lord Mangham Marin Martin Maxwell McBee McCall Mills Mitchell Moraitakis Mosley Murphy, J

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

Skipper Smith, P Smith, T Smith, V Stanley-Turner Stephens, E Stephens, R Stokes Stoner Teilhet Teper Thomas Morgan Thompson Walker, L Walker, R.L Warren Watson White Wilkinson Willard Williams, A Williams, E Williams, R E Wix E Yates 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; Beasley-Teague of the 48th, Post 2; Borders of the 142nd; Butler of the 88th, Post 1; Dean of the 49th; Dix of the 70th, Post 2; Dollar of the 31st; Elrod of the 25th; Floyd of the 69th, Post 2; Golick of the 34th, Post 3; Greene-Johnson of the 60th, Post 3; Harper of the 88th, Post 2; Harrell of the 54th; Hill of the 16th; Howard of the 98th; Jenkins of the 93rd; Jordan of the 83rd; Lane of the 101st; Lucas of the 105th; Lunsford of the 85th, Post 2; Maddox of the 59th, Post 2; Manning of the 32nd; Massey of the 24th; McClinton of the 59th, Post 1; Millar of the 52nd; Mobley of the 58th; Mosby of the 59th, Post 3; Oliver of the 121st,

MONDAY, MARCH 22, 2004

2467

Post 2; Parham of the 94th; Roberts of the 135th; Sailor of the 61st, Post 1; Sims of the 130th; Smith of the 76th; Smith of the 87th; Smyre of the 111th; Snow of the 1st; Stephenson of the 60th, Post 1; Thomas of the 43rd, Post 1; and Westmoreland of the 86th.
They wish to be recorded as present.

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.

The following communications were received:

House of Representatives Atlanta

March 19, 2004

2468

JOURNAL OF THE HOUSE

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Effective this date, I am removing Representative Tom Bordeaux as chairman of the Judiciary Committee but leaving him as a member of said committee.
Sincerely,
/s/ Terry Coleman Speaker
TLC/gm
cc: Representative Tom Bordeaux Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research

House of Representatives Atlanta

March 19, 2004

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Effective this date, I am appointing Representative Mary Margaret Oliver as Chairman of the House Judiciary Committee and removing her as Vice Chairman of the Legislative and Congressional Reapportionment Committee. She will remain on the Legislative and Congressional Reapportionment Committee as a member.
Sincerely,

MONDAY, MARCH 22, 2004
/s/ Terry Coleman Speaker
TLC/gm
cc: Representative Mary Margaret Oliver Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research

2469

House of Representatives Atlanta

March 19, 2004

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Effective this date, I am appointing Representative Scott Dix as Vice Chairman of the Legislative and Congressional Reapportionment Committee.
Sincerely,
/s/ Terry Coleman Terry L. Coleman Speaker
TLC/gm
cc: Representative Scott Dix Representative Carolyn Hugley Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research

2470

JOURNAL OF THE HOUSE

By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:

HB 1814. By Representatives Rogers of the 15th, Hill of the 16th, Knox of the 14th, Post 1, Murphy of the 14th, Post 2, Franklin of the 17th and others:
A BILL to authorize Cherokee County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the 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 1815. By Representatives Rogers of the 15th and Hill of the 16th:
A BILL to amend an Act reincorporating and re-creating the City of Woodstock, so as to change the corporate limits of the city; and for other purposes.

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

HB 1816. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to provide for an advisory referendum election to be held in Brantley County for the purpose of submitting to the qualified voters of the county the question of the manner in which the county should cause the collection and disposal of the county's residential waste; and for other purposes.

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

HB 1817. By Representatives Elrod of the 25th and Massey of the 24th:
A BILL to reconstitute the law governing the Jackson County School System; to provide for the repeal of the amendment to the Constitution

MONDAY, MARCH 22, 2004

2471

providing for matters regarding the selection and service of members of the board of education of Jackson County and the school superintendent; to provide for matters regarding the future selection and service of members of the board of education of Jackson County and the school superintendent; to provide for a referendum; and for other purposes.

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

HB 1818. By Representative Hudson of the 95th:
A BILL to provide a new charter for the Town of Mitchell; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; and for other purposes.

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

HB 1819. By Representative Crawford of the 91st:
A BILL to amend an Act creating the board of commissioners of Pike County, so as to clarify the duties, powers, and qualifications of the county manager; to provide for vacancies in the office of county manager; and for other purposes.

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

HB 1820. By Representatives Harbin of the 80th and Fleming of the 79th:
A BILL to provide that certain officials of Columbia County who have served at least 15 years in office may, upon leaving office, continue to participate in the county health insurance program by paying the total cost of such participation; and for other purposes.

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

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JOURNAL OF THE HOUSE

HB 1821. By Representatives Keen of the 146th, Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Williams of the 128th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from Glynn County School District ad valorem taxes for educational purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; to allow such exemption to continue to be received by that unremarried surviving spouse; and for other purposes.

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

HB 1822. By Representatives Ralston of the 6th and Lewis of the 12th:
A BILL to amend an Act to reconstitute the Pickens County Board of Education, so as to provide for certain per diem payments for members of the board; and for other purposes.

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

HB 1823. By Representatives Martin of the 37th, Burkhalter of the 36th, Jones of the 38th and Campbell of the 39th:
A BILL to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, so as to change the provisions relating to the compensation of the mayor and councilmembers; to provide for a referendum; to provide a contingent effective date; and for other purposes.

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

HB 1824. By Representative Cummings of the 19th:
A BILL to provide for a homestead exemption from City of Rockmart ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city age 65 and older; to

MONDAY, MARCH 22, 2004

2473

provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; and for other purposes.

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

HB 1825. By Representatives Keen of the 146th, Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A BILL to amend an Act providing for a base year assessed value homestead exemption from Glynn County ad valorem taxes for county purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; to allow such exemption to continue to be received by that unremarried surviving spouse; and for other purposes.

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

HB 1826. By Representatives Keen of the 146th, Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to repeal that constitutional amendment duly ratified at the 1956 general election that was proposed by Res. Act No. 27; H.R. No. 59-163h; which continued said constitutional amendment in force and effect as part of the Constitution of the State of Georgia; and for other purposes.

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

HB 1827. By Representatives Jones of the 38th, Murphy of the 14th, Post 2 and Knox of the 14th, Post 1:
A BILL to amend an Act creating the Board of Commissioners of Forsyth County, so as to change provisions relating to the compensation and expenses payable to the board of commissioners; to provide that such compensation and expenses may be established by the board under the procedures established by general law; and for other purposes.

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JOURNAL OF THE HOUSE

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

HB 1828. By Representatives Morris of the 120th, Parrish of the 102nd, Barnard of the 121st, Post 1, Oliver of the 121st, Post 2 and DeLoach of the 127th:
A BILL to amend an Act to provide a new charter for the City of Metter, so as to change provisions relating to the powers and duties of the mayor; to provide for a council-manager form of government; to provide for a city manager; to provide for the duties of the city manager; and for other purposes.

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

HB 1829. By Representative Jenkins of the 8th:
A BILL to amend an Act reincorporating the City of Clayton, so as to change and extend the corporate limits of said city; and for other purposes.

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

HB 1830. By Representatives Harper of the 88th, Post 2 and Butler of the 88th, Post 1:
A BILL to amend an Act creating a charter for the City of Carrollton, so as to provide for the levy of a school tax by the mayor and council of the City of Carrollton for that city's independent school system and for limitations relating thereto; and for other purposes.

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

HB 1831. By Representatives Martin of the 37th, Jones of the 38th and Burkhalter of the 36th:
A BILL to create the Alpharetta Building Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership of the authority and the members'

MONDAY, MARCH 22, 2004

2475

terms of office, qualifications, duties, powers, ethical obligations, and compensation; and for other purposes.

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

HR 1686. By Representatives Beasley-Teague of the 48th, Post 2, Anderson of the 100th, Cooper of the 30th, Bunn of the 63rd, Campbell of the 39th and others:
A RESOLUTION creating the House Study Committee on Children's Protective Services; and for other purposes.

Referred to the Committee on Children & Youth.

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

HB 1807 HB 1808 HB 1809 HB 1810 HB 1811 HB 1812 HB 1813

HR 1648 HR 1651 HR 1678 HR 1679 HR 1684 HR 1685

Representative Sinkfield of the 50th District, Chairman of the Committee on Children and Youth, submitted the following report:
Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 535 Do Pass

Respectfully submitted,

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JOURNAL OF THE HOUSE
/s/ Sinkfield of the 50th Chairman

Representative Childers of the 13th District, Post 1, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
Your Committee on Health and Human Services 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 563 Do Pass, by Substitute

Respectfully submitted, /s/ Childers of the 13th, Post 1
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 1017 Do Pass HR 1627 Do Pass HR 1645 Do Pass

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

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

MONDAY, MARCH 22, 2004

2477

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 1745 Do Pass HB 1794 Do Pass HB 1796 Do Pass

HB 1797 Do Pass HB 1798 Do Pass HB 1801 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR MONDAY, MARCH 22, 2004

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 35th Legislative Day as enumerated below:

HR 1307
SB 356 SB 411 SB 457
SB 480
SB 482 SB 496

Disabled persons; home and community based services; urge certain funding Greenhouse gas emissions; Carbon Sequestration Registry Act Supersedeas Bonds; provide for other types of security Sexual assault victims; improved assistance; sexual abuse protocol committee Forest Heritage Trust Act; advisory role for State Forestry Commission; enact DNA; applicability of testing procedures; change provisions Adjutant General; appoint officers as deputy assistant adjutants general

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

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

HB 1745. By Representative Porter of the 119th:
A BILL to amend an Act providing for the Magistrate Court of Laurens County, so as to provide that the chief magistrate of such court shall serve in a full-time capacity and provide for the compensation of such chief magistrate and for court staffing; and for other purposes.

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

HB 1794. By Representative Powell of the 23rd:
A BILL to amend an Act providing a new charter for the City of Carnesville, so as to change the corporate limits of the city; and for other purposes.

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

HB 1796. By Representative Jamieson of the 22nd:
A BILL to create the Stephens County Historic Courthouse Restoration Authority; to provide for a definition; to provide for the purpose and powers of the authority; to provide for appointment, eligibility, and terms of members of the authority; and for other purposes.

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

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2479

HB 1797. By Representatives Hill of the 16th, Lewis of the 12th, Franklin of the 17th, Knox of the 14th, Post 1, Murphy of the 14th, Post 2 and others:
A BILL to amend an Act providing a new charter for the City of Waleska, so as to change certain provisions regarding corporate boundaries; to change certain provisions regarding municipal powers; to change certain provisions regarding municipal elections; to change certain provisions regarding council creation; and for other purposes.

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

HB 1798. By Representatives Smith of the 13th, Post 2, Childers of the 13th, Post 1 and Reece of the 11th:
A BILL to amend an Act providing for a homestead exemption from City of Rome independent school district ad valorem taxes for educational purposes for certain residents of that school district, so as to change the definition of homestead for purposes of the homestead exemption for persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00 and the homestead exemption for persons who are 65 years of age or over regardless of income; and for other purposes.

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

HB 1801. By Representative McCall of the 78th:
A BILL to amend an Act providing a new charter for the City of Bowman, so as to change provisions relating to the quorum and voting procedures for the city council; to change provisions relating to ordinance form and procedures; to change provisions relating to the powers and duties of the mayor; and for other purposes.

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

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By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

On the passage of the Bills, the roll call was ordered and the vote was as follows:

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

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

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

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

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

On the passage of the Bills, the ayes were 137, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representative Snow of the 1st 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.

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2481

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 resolution of the Senate:
SR 984. By Senator Kemp of the 3rd:
A RESOLUTION congratulating the Midway Church and Society and the residents of Midway; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 1083. By Representatives Ray of the 108th, James of the 114th and Jenkins of the 93rd:
A BILL to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to prohibit the permitting of certain disposal facilities and solid waste handling facilities; and for other purposes.
HB 1089. By Representatives Royal of the 140th and O`Neal of the 117th:
A BILL to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for additional powers and duties of the Office of Treasury and Fiscal Services; to provide for the lending certain securities by the director of such office; to provide that certain securities lending transactions shall constitute authorized investments by the Georgia State Financing and Investment Commission and the Georgia Environmental Facilities Authority; and for other purposes.
HB 1118. By Representative McBee of the 74th:
A BILL to amend Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers and employees, so as to provide that deductions are authorized for the purpose of contributing to savings trust accounts established under the Georgia Higher Education Savings Plan; and for other purposes.

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

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

HR 1627. By Representatives Buckner of the 82nd, Lucas of the 105th and Randall of the 107th:
A RESOLUTION commending the Macon Bears and Clayton Eagles wheelchair basketball teams and inviting the teams and their coaches to appear at the Georgia state capitol; and for other purposes.

HR 1645. By Representative Rice of the 64th:
A RESOLUTION commending the Wesleyan Wolves girls' basketball team and inviting the players and their coaches to appear before the House of Representatives; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

SB 480. By Senators Gillis of the 20th, Tolleson of the 18th, Starr of the 44th, Williams of the 19th, Dean of the 31st and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 12, relating to forest resources and other plant life, so as to enact the "Forest Heritage Trust Act of 2004"; to provide a short title; to provide a statement of legislative purpose; to define certain terms; to provide for an advisory role for the State Forestry Commission; to provide for powers and duties of the commission; to provide for the dedication of property as a forest heritage preserve; to provide for the use of forest heritage preserves; to provide for the effect of certain actions on the protected status of property; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 22, 2004

2483

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

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

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston
Howard Y 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 Y Manning Y Marin Y Martin
Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

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

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

On the passage of the Bill, the ayes were 143, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representatives Jones of the 38th and Snow of the 1st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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JOURNAL OF THE HOUSE

SB 356. By Senator Meyer von Bremen of the 12th:
A BILL to be entitled an Act to provide for a registry of offsetting reductions in greenhouse gases obtained by carbon sequestration; to provide legislative findings and declarations; to amend Chapter 6 of Title 12 of the O.C.G.A., relating to forest resources and other plant life, so as to enact the Georgia Carbon Sequestration Registry Act; to provide a short title; to define certain terms; to establish the Georgia Carbon Sequestration Registry; to provide for purposes of the registry; to provide for functions; to provide for procedures and protocols; to provide for construction; to provide for voluntary participation; to provide for reporting procedures; to provide for standardized forms and software; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To provide for a registry of offsetting reductions in greenhouse gases obtained by carbon sequestration; to amend Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, so as to enact the "Georgia Carbon Sequestration Registry Act"; to provide a short title; to define certain terms; to establish the Georgia Carbon Sequestration Registry; to provide for purposes of the registry; to provide for functions; to provide for procedures and protocols; to provide for construction; to provide for voluntary participation; to provide for reporting procedures; to provide for standardized forms and software; to provide for third-party verification of accuracy of results; to provide for reports to the General Assembly and Governor; to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to change certain provisions relating to duties of clerks generally, use of a computerized record-keeping system, and printed copies of grantee and grantor indices; to change certain provisions relating to the Georgia Superior Court Clerks Cooperative Authority; to provide for an information system for purposes of the carbon sequestration registry; to provide for related matters; to provide contingent effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, is amended by inserting a new article to read as follows:

MONDAY, MARCH 22, 2004

2485

"ARTICLE 5
12-6-220. This article shall be known and may be cited as the 'Georgia Carbon Sequestration Registry Act.'
12-6-221. As used in this article, the term:
(1) 'Carbon sequestration results' means the participants applicable data on the removal of carbon dioxide from the atmosphere by sinks resulting from:
(A) Direct human-induced land use change or forestry activities in this state; (B) Additional human-induced activities in this state related to removal by sinks in land use change and forestry categories; (C) Additional human-induced activities in this state related to removal by sinks in agricultural soils; (D) Additional human-induced activities in this state related to removals by sinks in products in use from harvested timber or agricultural crops; and (E) Other human-induced activities in this state related to removals by sinks. (2) 'Certification' means the determination of whether a given participants carbon sequestration result has met a minimum quality standard and complied with an appropriate set of approved procedures and protocols for submitting carbon sequestration information. (3) 'Commission' means the State Forestry Commission. (4) 'Director' means the director of the State Forestry Commission. (5) 'Forest' means lands that support, or can support, at least 10 percent tree canopy cover and that allow for management of one or more forest resources including but not limited to timber, fish and wildlife, biodiversity, water quality, air quality, soil conservation, recreation, aesthetics, or other benefits. (6) 'Greenhouse gases' means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. (7) 'Native forest' means a forest type, natural or artificially regenerated, composed of any one or more tree species identified as native to this state in G. Norman Bishop, Native Trees of Georgia (Georgia Forestry Commission 2000 revised edition), including without limitation improved stock of such tree species developed through breeding programs. (8) 'Participant' or 'registry participant' means a registrant of carbon sequestration results with the registry. (9) 'Registry' means the Georgia Carbon Sequestration Registry provided for by this article. (10) 'Sink' means an ecosystem or crop or product thereof that absorbs or has absorbed carbon, thereby removing it from the atmosphere and offsetting emissions of carbon dioxide.

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12-6-222. (a)(1) The commission shall establish a Georgia Carbon Sequestration Registry, which shall be in operation not later than one year after the effective date of this article. (2) The commission may contract with the Georgia Superior Court Clerks Cooperative Authority to develop and implement a state-wide uniform automated electronic information system for purposes of the registry.
(b) After its establishment, the state-wide uniform automated electronic information system for purposes of the registry shall be maintained by the Georgia Superior Court Clerks Cooperative Authority or its designated agent in accordance with Code Section 15-6-97.2.
12-6-223. The purpose of the Georgia Carbon Sequestration Registry shall be to do all of the following:
(1) Encourage voluntary actions to reduce greenhouse gas emissions; (2) Enable participants to voluntarily record carbon sequestrations made after January 1, 1990, or such other beginning date as may be established by rule or regulation of the commission, in a consistent format that is certified; (3) Ensure that sources in the state receive appropriate consideration for certified carbon sequestration results under any future federal or international regulatory regime relating to greenhouse gas emissions; (4) Recognize, publicize, and promote participants in the registry; and (5) Recruit broad participation in the process from all economic sectors and regions of the state.
12-6-224. For purposes of the registry, the commission shall:
(1)(A) Adopt rules or regulations specifying acceptable types of carbon sequestration results consistent with paragraph (1) of Code Section 12-6-221 and this paragraph and providing procedures and protocols for the monitoring, estimating, calculating, reporting, and certification of carbon sequestration results for purposes of participation in the registry. (B) Procedures and protocols relative to forestry activities that are reported as a participants carbon sequestration results under subparagraph (A) of paragraph (1) of Code Section 12-6-221 shall require, at a minimum, that those forestry activities meet the following criteria in order to be reported as any part of a participants carbon sequestration results:
(i) Forestry activities shall be based on forest management practices within a defined project area that meet or exceed Georgias Best Management Practices for Forestry as published by the commission and that are not the subject of any ongoing remediation or penalty pursuant to judicial or administrative judgment or order for violation of any applicable requirements of federal, state, or local land

MONDAY, MARCH 22, 2004

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use laws, regulations, or ordinances. Best management practices and federal, state, or local land use laws, regulations, or ordinances shall be those in effect each time a participant registers a defined project area in the registry; (ii) Forestry activities reported as carbon sequestration results shall reflect the amount of time that net carbon gains are stored; and (iii) Forestry activities shall maintain and promote native forests. (C) Procedures and protocols relative to sinks in agricultural soils that are reported as a participants carbon sequestration results under subparagraph (C) of paragraph (1) of Code Section 12-6-221 shall be adopted by the commission in accordance with the recommendation of the Commissioner of Agriculture. (D) The commission shall consider the availability and suitability of simplified techniques and tools when adopting procedures and protocols for the certification of carbon sequestration results. (E) The procedures and protocols adopted by the commission shall include a uniform format for reporting carbon sequestration results to facilitate their recognition in any future regulatory regime; (2) Qualify third-party organizations that have the capability to certify reported baseline carbon sequestration results and that are capable of certifying the participantreported results as provided in this article; and (3) Encourage organizations and individuals from various sectors of the states economy, and those from various geographic regions of the state, to report carbon sequestration results.
12-6-225. The procedures and protocols for monitoring, estimating, calculating, reporting, and certifying carbon sequestration results established by, or approved pursuant to, this article shall be the only procedures and protocols recognized by the state for the purposes of the registry as described in Code Section 12-6-223.
12-6-226. Procedures and protocols adopted pursuant to subparagraph (B) of paragraph (1) of Code Section 12-6-224 shall not be interpreted or construed as a condition for any lease, permit, license, certificate, or other entitlement for an ongoing use of forest land.
12-6-227. Participation in the registry shall be voluntary, and participants may withdraw at any time.
12-6-228. (a) Participants shall initially report their certified carbon sequestration results for the most recent year for which they have complete data as specified in this article. Participants that have complete data for earlier years that can be certified may establish their baseline as any year beginning on or after January 1, 1990, or such other

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beginning date as may be established by rule or regulation of the commission. After establishing baseline results, participants shall report their certified carbon sequestration results in each subsequent year in order to show changes with respect to their baseline year. Participants may report carbon sequestration results without establishing a baseline for such results or for emissions. Certified carbon sequestration results reported to the registry by a participant shall be credited in carbon mass units to an account established for the participant in the registry.
(b)(1) Registry credits for certified carbon sequestration results may be sold, purchased, or otherwise transferred in whole or in part without any regard to or effect on or being affected by ownership of other personal property or any real property, and such credits may be retained in whole or in part without any regard to or effect on or being affected by any sale, purchase, or other transfer of other personal property or any real property. (2) In addition to annual reports submitted pursuant to subsection (a) of this Code section, participants shall report to the registry any sales, purchases, or other transfers of registry credits for certified carbon sequestration results, in whole or in part, within ten days after the completion of such transaction, and participants registry accounts shall be updated to reflect such transfers. (c) The basic unit of participation in the registry shall be a natural person or a legal entity in its entirety such as a corporation or other legally constituted body, a city or county, or a state government agency. (d) Reports to the registry by participants may be filed in the office of the clerk of the superior court in any county of this state.
12-6-229. To support the estimation, calculation, reporting, and certification of carbon sequestration results in a consistent format, the commission, in consultation with the Georgia Superior Court Clerks Cooperative Authority, shall adopt standardized forms that all participants shall use to calculate, report, and certify emissions results.
12-6-230. (a) Participants registering baseline carbon sequestration results in the registry shall provide certification of their methodologies and results. The commission may, upon recommendation of the director, following a public process, adopt simplified procedures to certify carbon sequestration results as appropriate. Participants shall follow commission-approved procedures and protocols in determining carbon sequestration results and supply the quantity and quality of information necessary to allow an independent ex post certification of the baseline results reported under this program. (b) The commission shall provide a list of approved third-party organizations recognized as competent to certify carbon sequestration results as provided in this article. The commission shall reopen the qualification process periodically in order for new organizations to be added to the approved list.

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(c) Where required for certification, organizations approved pursuant to subsection (b) of this Code section shall do all of the following:
(1) Evaluate whether the participant has a program, consistent with commissionapproved procedures and protocols, in place for preparation and submittal of the information reported under this article; (2) Check, during certification, the reasonableness of the carbon sequestration information being reported for a random sample of estimates or calculations; and (3) Summarize its review in a report to the board of directors, or equivalent governing body, of the participating legal entity or to the participating natural person, attesting to the existence of a program that is consistent with commission-approved procedures and protocols and the reasonableness of the reported carbon sequestration results and noting any exceptions, omissions, limitations, or other qualifications to their representations. (d) In conducting certification for a participant under this program, the approved organization shall schedule any meeting or meetings with the participant with a minimum of one weeks notice at one or more representative locations and allow the participant to control property access. The meetings shall be conducted in accordance with a protocol that is agreed upon in advance by the participant and the approved organization. The approved organization shall not perform property inspection, direct measurement, monitoring, or testing unless authorized by the participant. (e) To ensure the integrity and constant improvement of the registry program, the commission shall perform on a random basis an occasional review and evaluation of participants carbon sequestration reporting, certifications, and the reasonableness of the information being reported for analysis of estimates or calculations. The director shall report any findings in writing. The director shall include a summary of these findings in the biennial report to the Governor and the General Assembly required by Code Section 12-6-231.
12-6-231. Not later than two years after the effective date of this article and biennially thereafter, the director shall report to the Governor and the General Assembly on the number of participants in the registry, the amounts of carbon sequestered by those participants, and ways to make the registry more workable for participants that are consistent with the goals and intent of this article.
12-6-232. The commission shall do all of the following:
(1) Develop a process for qualifying third-party organizations recognized by the state as competent to certify the carbon sequestration results of the types of natural persons or legal entities that may choose to participate in this registry, by doing all of the following:
(A) Developing a list of the minimum technical and organizational capabilities and other qualification standards that approved third-party organizations shall meet.

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Those qualifications shall include the ability to sign an opinion letter, for which they may be held financially at risk, and certifying the participant-reported carbon sequestration results as provided in this article. Such capabilities and standards for third-party organizations related to certification of carbon sequestration results achieved by sinks in agricultural soils under subparagraph (C) of paragraph (1) of Code Section 12-6-221 shall be adopted by the commission in accordance with the recommendation of the Commissioner of Agriculture; (B) Publicizing an applications process or otherwise encouraging interested organizations to submit their qualifications for review; (C) Evaluating applicant organizations according to the list of qualifications described in subparagraph (A) of this paragraph; (D) Determining specific third-party organizations as qualified to certify participants actual carbon sequestration results in accordance with this article; and (E) Periodically updating the list of approved third-party organizations by doing any of the following:
(i) Reviewing the capabilities of approved organizations; (ii) Reviewing applications of organizations seeking to become approved; and (iii) Determining specific organizations to be added to the approved list and specific organizations no longer qualified to perform the duties of this article; (2) Occasionally, and on a random basis, provide for commission employees to accompany third-party organizations on scheduled visits to observe and evaluate, during any certification visit, both the following: (A) Whether the participant has a program, consistent with commission-approved procedures and protocols, in place for the preparation and submittal of the information required under this article; and (B) The reasonableness of the carbon sequestration information being reported for a sample of estimates or calculations; and (3) Review future international or federal programs related to greenhouse gas emissions and make reasonable efforts to promote consistency between the state program and these programs and to reduce the reporting burden on participants."
SECTION 2. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended in subsection (a) of Code Section 15-6-61, relating to duties of clerks generally, used of a computerized record-keeping system, and printed copies of grantee and grantor indices, by inserting a new paragraph to read as follows:
"(15.1) To participate in any network established by the Georgia Superior Court Clerks Cooperative Authority relating to the transmission and retrieval of electronic information concerning carbon sequestration results and related transactions for any such information systems established by such authority for purposes of the carbon sequestration registry established pursuant to Article 5 of Chapter 6 of Title 12, so as to provide for public access to carbon sequestration registry information. Each clerk of the superior court shall provide to the authority or its designated agent in

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accordance with the rules and regulations of the authority such information evidencing carbon sequestration results and related transactions and access to such information which is of record in the office of clerk of the superior court and which is necessary for purposes of the carbon sequestration registry. Each clerk of the superior court shall provide and transmit carbon sequestration results and related transaction information filed in the office of the clerk of superior court to the authority for testing and operation of the electronic information system for the carbon sequestration registry at such times and in such form as prescribed by the authority. Each clerk shall charge and collect such fees as may be established by the Georgia Superior Courts Clerks Cooperative Authority, which shall be paid into the county treasury less and except any sums as are otherwise directed to be paid to the authority, all in accordance with rules and regulations adopted by the authority pursuant to Code Section 15-6-97.2;"
SECTION 3. Said article is further amended by striking paragraph (3) of subsection (a) of Code Section 15-6-94, relating to the Georgia Superior Court Clerks Cooperative Authority, and inserting in lieu thereof the following:
"(3) The purpose of the authority shall be to provide a cooperative for the development, acquisition, and distribution of record management systems, information, services, supplies, and materials for superior court clerks of the state, on such terms and conditions as may be determined to be in the best interest of the operation of the office of the clerk of superior court, local government, and the state, in light of the following factors:
(A) The public interest in providing cost-efficient access to record management systems, information, services, supplies, and materials, and a pool which will provide related resources and uniformity; (B) Cost savings to local government and the state, through efficiency in the provision of record management systems, information, services, supplies, and materials; (C) Fair and adequate compensation to local governments for costs incurred in the operation of the offices of clerks of superior court; and (D) Such other factors as are in the public interest and welfare. The authority shall be the sole owner of its compiled and developed information developed through any function performed or any program or system administered on behalf of the authority. For the purposes of this subsection the authority shall not be considered the sole owner of information developed pursuant to Code Section 15-697.1 or Code Section 15-6-97.2 and Article 5 of Chapter 6 of Title 12."
SECTION 4. Said article is further amended by inserting a new Code section to read as follows:

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"15-6-97.2. (a) The Georgia Superior Court Clerks Cooperative Authority or its designated agent shall maintain a state-wide uniform automated electronic information system for purposes of the carbon sequestration registry established under Article 5 of Chapter 6 of Title 12. In furtherance of such purpose, the authority shall have the ability to contract with the clerks of superior courts and any other parties that the authority deems necessary. Standardized forms used for registry reporting purposes shall be established by the State Forestry Commission in accordance with Code Section 12-6-229. (b) For purposes of this Code section, the Georgia Superior Court Clerks Cooperative Authority shall have the following powers and duties in addition to those otherwise provided by law:
(1) To establish such registration and transaction fees to be charged and collected by the clerks of superior courts and the portion thereof that shall be remitted to the authority, in such amounts as are reasonable and necessary to offset the costs of administering and maintaining the electronic information system for the registry, and to provide for the collection of moneys; (2) To manage, control, and direct such funds as are remitted to the authority and the expenditures made therefrom; (3) To distribute the moneys at the discretion of the authority in such manner and subject to such terms and limitations as the Georgia Superior Court Clerks Cooperative Authority in its discretion shall determine will best further the public purpose of the registry; (4) To adopt rules and regulations; and (5) To exercise all other powers necessary for maintenance of the electronic information system for the registry."
SECTION 5. This Act shall become effective only upon the effective date of a specific appropriation of funds for purposes of this Act as expressed in a line item of an appropriations Act enacted by the General Assembly.
SECTION 6. 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 Anderson
Y Ashe

Day Dean Y Deloach

Y Hill, C.A Y Hill, V Y Hines

Y Mitchell Mobley
Y Moraitakis

E Sholar Y Sims Y Sinkfield

MONDAY, MARCH 22, 2004

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

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

Y Holmes Y Houston Y Howard Y Howell Y Hudson
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 Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

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

2493
Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner
Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan
Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix N Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 144, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Gardner of the 42nd, Post 3 and Thomas of the 43rd, Post 1 stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 496. By Senators Hill of the 4th, Harp of the 16th, Harbison of the 15th and Crotts of the 17th:
A BILL to be entitled an Act to amend Part 3 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the adjutant

2494

JOURNAL OF THE HOUSE
general and other executives, so as to provide that the adjutant general may appoint officers of the organized militia as deputy assistant adjutants general; to provide that such deputy adjutant generals shall be of field rank or general officer rank; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, so as to provide that the adjutant general may appoint officers of the National Guard as deputy assistant adjutants general; to provide that such deputy assistant adjutants general shall be of field rank or general officer rank; to provide that certain provisions relating to compensation shall not apply when the National Guard is called into active service under certain conditions; to provide that members of the National Guard shall have the same powers of arrest as law enforcement officers under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, is amended by striking in its entirety Code Section 38-2-152, relating to assistant adjutants general, eligibility, appointment, duties, compensation, and tenure, and inserting in lieu thereof the following:
"38-2-152. (a) The Governor shall appoint an assistant adjutant general for army and an assistant adjutant general for air to assist the adjutant general in the discharge and performance of his or her duties. Each of the assistant adjutants general, at the time of appointment, shall be a federally recognized officer with the rank of lieutenant colonel or higher with not less than five years of continuous service in the Army or Air National Guard of this state. An officer who has retired or resigned from the Georgia National Guard shall be eligible for appointment as assistant adjutant general for army or air; provided, however, that the officer shall have served not less than five years in a federally recognized status in the active Army or Air National Guard, as appropriate, and attained the rank of lieutenant colonel or higher; and provided, further, that the appointment of the officer shall be within five years after the date of his or her retirement or resignation and prior to his or her attaining age 60. Each of the assistant adjutants general shall have the rank of not less than brigadier general, the specific rank to be determined by the Governor. Each of the officers shall receive the pay and allowances for his or her

MONDAY, MARCH 22, 2004

2495

rank as provided by law for an officer of equivalent rank in the regular armed forces of the United States. In the event of a vacancy in the office of the adjutant general, and until his or her successor is appointed and qualified as provided by law, the assistant adjutant general who is senior in rank shall perform the duties required of the adjutant general in connection with the military division, as provided by law. Assistant adjutants general shall hold no other state office, and they shall serve at the pleasure of the Governor. (b) The adjutant general may appoint, designate, or detail officers of the National Guard as deputy assistant adjutants general for army and for air who shall perform the military duties assigned by the adjutant general. Deputy assistant adjutants general shall be of field grade or general officer rank, the specific rank to be determined by the adjutant general. Deputy assistant adjutants general shall serve at the pleasure of the adjutant general."
SECTION 2. Said chapter is further amended by inserting at the end of Code Section 38-2-250, relating to pay while on active service, special duty, travel expenses, and minimum base pay, a new subsection (e) to read as follows:
"(e) Nothing in this Code section shall be construed as to apply when the National Guard is called into active service pursuant to Title 32 of the United States Code."
SECTION 3. Said chapter is further amended by striking in its entirety Code Section 38-2-307, relating to militia members having powers of arrest in emergencies, and inserting in lieu thereof the following:
"38-2-307. When called to state active service pursuant to Code Sections 38-2-6 and 38-2-7 or pursuant to Code Section 45-12-31 or 45-12-34 the members of the organized militia shall have the same powers of arrest and apprehension as do law enforcement officers. Members of the National Guard shall have the same powers of arrest and apprehension as do law enforcement officers when called to active duty to respond to emergencies pursuant to Code Section 38-2-6, 38-2-7, 45-12-31, or 45-12-34 or pursuant to any other provision of state or federal law other than Title 10 of the United States Code."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

2496

JOURNAL OF THE HOUSE

Representative Birdsong of the 104th et al. move to amend the Committee substitute to SB 496 by striking lines 6 and 7 of page 1 and inserting in lieu thereof the following:
"under certain conditions; to provide an effective".
By striking lines 21 through 32 of page 2.
By redesignating Sections 4 and 5 as Sections 3 and 4, respectively.

The Committee substitute, as amended, was adopted.

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

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

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

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

Y 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
Jones Y Jordan E Joyce Y Keen
Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell

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

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

Y Coan E Coleman, B Y Cooper Y Crawford
Cummings

MONDAY, MARCH 22, 2004

Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Rynders Sailor
Y Scott Y Shaw Y Sheldon

2497
Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representatives Cummings of the 19th and Smith of the 13th, Post 2 stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HR 1307. By Representatives Manning of the 32nd, Shaw of the 143rd, Stephens of the 123rd, Epps of the 90th, Coleman of the 118th and others:
A RESOLUTION urging the request the Department of Human Resources and the Department of Community Health to take certain actions with respect to certain services for people with certain disabilities; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brock Y Brooks

Y Day Dean
Y Deloach Y Dix Y Dodson
Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J

Y Hill, C.A 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

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

E 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

2498
Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan E Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell E Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

E Joyce Keen
Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee
McCall Y McClinton Y Millar Y Mills

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

Y Stoner Y Teilhet Y Teper Y Thomas Morgan
Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 155, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Thomas of the 43rd, Post 1 stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 411. By Senator Tanksley of the 32nd:
A BILL to be entitled an Act to amend Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to the operation of the notice of appeal acting as supersedeas bond in civil cases, the requirements of the supersedeas bond including the amount, the procedure where there is an insufficient filing, and the suretys liability as to the bond, so as to change certain provisions relating to the type of security allowed for supersedeas; to provide for global supersedeas for all appeals; to provide for a maximum allowable bond or security for supersedeas; to amend Code Section 9-12-134 of the O.C.G.A., relating to appeal or stay of a foreign judgment, so as to correct a cross-reference; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 22, 2004

2499

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

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

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson
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
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

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

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

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Mangham of the 62nd 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.

2500

JOURNAL OF THE HOUSE

SB 457. By Senators Smith of the 25th, Thomas of the 10th, Butler of the 55th, Blitch of the 7th, Kemp of the 3rd and others:
A BILL to be entitled an Act to amend Titles 15, 19, and 24 of the O.C.G.A., relating respectively to courts, domestic relations, and evidence, so as to provide for improved assistance to sexual assault victims; to change provisions relating to district attorney investigators; to change provisions relating to victim assistance coordinators; to provide for definitions; to provide for a sexual abuse protocol committee; to provide for written sexual assault protocol; to provide for duties and responsibilities of a sexual assault protocol committee; to change provisions relating to the child abuse protocol committee; to provide for written sexual assault and exploitation of children protocol; to change provisions relating to disclosure of medical records; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

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

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

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson
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 Y Manning Y Marin Y Martin

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J
Roberts, L Y Rogers, C

E 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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan
Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson

Y Channell Y Childers Y Coan E Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, MARCH 22, 2004

E Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

2501
Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Thomas of the 43rd, Post 1 stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 482. By Senators Kemp of the 3rd, Blitch of the 7th, Reed of the 35th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Code Section 24-4-60 of the Official Code of Georgia Annotated, relating to requirements for DNA analysis of blood of persons convicted of certain sex offenses and storage of the profile in the data bank, so as to change certain provisions relating to the applicability of the testing procedures to certain persons; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux
Borders

Y Day Dean
Y Deloach Y Dix Y Dodson
Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson
Hugley Y Jackson Y James Y Jamieson Y Jenkins, C

Y Mitchell Y Mobley Y Moraitakis Y 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 Sholar Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E

2502
Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
Channell Y Childers Y Coan E Coleman, B
Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell E Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jenkins, C.F Jones
Y Jordan E Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

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

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

On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Resolutions of the House and Senate were read and adopted:

HR 1719. By Representatives Parrish of the 102nd, Buck of the 112th, Coleman of the 118th, Channell of the 77th and Powell of the 23rd:
A RESOLUTION commending Georgia State Patrol Sergeant D. Al Collins and recognizing his service to Georgia and its capitol; and for other purposes.

HR 1720. By Representatives White of the 3rd, Post 2, Williams of the 4th, Brock of the 5th and Forster of the 3rd, Post 1:
A RESOLUTION in memory of and honoring the life and service of Sergeant Marshall Lane Edgerton; and for other purposes.

MONDAY, MARCH 22, 2004

2503

HR 1721. By Representatives Mitchell of the 61st, Post 3 and Holmes of the 48th, Post 1:
A RESOLUTION recognizing Jazz 91.9 FM WCLK for 30 years of quality service and achievement; and for other purposes.

HR 1722. By Representatives Hill of the 147th, Smith of the 76th and Smith of the 129th, Post 2:
A RESOLUTION commending the Camden County High School Wildcats football team and its coaches on their 2003 State Championship; and for other purposes.

HR 1723. By Representatives Hill of the 147th and Smith of the 76th: A RESOLUTION honoring Coach Jeff Herron; and for other purposes.

HR 1724. By Representatives Lord of the 103rd and Murphy of the 97th:
A RESOLUTION commending Rosa Kilgore Dominy; and for other purposes.

HR 1725. By Representatives Hill of the 147th and Brooks of the 47th:
A RESOLUTION recognizing Darlene Wise Green and her valuable contributions to Young People on the Move, Inc.; and for other purposes.

HR 1726. By Representatives Howard of the 98th and Murphy of the 97th:
A RESOLUTION recognizing Bishop Frank Curtis Cummings; and for other purposes.

HR 1727. By Representatives Howard of the 98th and Murphy of the 97th:
A RESOLUTION commending Dr. Charles G. Larke; and for other purposes.

2504

JOURNAL OF THE HOUSE

HR 1728. By Representatives Parrish of the 102nd, Buck of the 112th, Coleman of the 118th, Channell of the 77th and Powell of the 23rd:
A RESOLUTION commending Georgia State Patrol Trooper First Class Jeff Teasley and recognizing his service to Georgia and its capitol; and for other purposes.

SR 984. By Senator Kemp of the 3rd:
A RESOLUTION congratulating the Midway Church and Society and the residents of Midway; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 1180. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2003-2004; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1180

The Committee of Conference on HB 1180 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1180 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Jack Hill Senator, 4th District

/s/ Thomas B. Buck Representative, 112th District

MONDAY, MARCH 22, 2004

/s/ Don Cheeks Senator, 23rd District
/s/ Tommie Williams Senator, 19th District

/s/ Butch Parrish Representative, 102nd District
/s/ Calvin Smyre Representative, 111th District

2505

A BILL

To amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as the "General Appropriations Act", approved June 4, 2003 (Ga. L. 2003, p. 710), so as to change certain appropriations for the State Fiscal Year 2003-2004; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing appropriations for the State Fiscal Year 2003-2004, as amended,
known as the "General Appropriations Act" approved June 4, 2003 (Ga. L. 2003, p. 710), is further amended by striking everything following the enacting clause through Section 66, and by substituting in lieu thereof the following:

AThat the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2003, and ending June 30, 2004, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves, new revenues, and a revenue estimate of $14,447,049,640 (excluding indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2004.

PART I. LEGISLATIVE BRANCH Section 1. General Assembly.

State Funds Personal Services - Staff Personal Services - Elected Officials Regular Operating Expenses Travel - Staff Travel - Elected Officials Capital Outlay Per Diem Differential Equipment

$ 34,231,470

$ 18,467,159

$ 5,457,157

$ 2,393,976

$

96,500

$

3,500

$

0

$

0

$

799,000

2506

JOURNAL OF THE HOUSE

Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees - Staff Contracts - Staff Per Diem and Fees - Elected Officials Contracts - Elected Officials Photography Expense Reimbursement Account
Total Funds Budgeted
State Funds Budgeted

$

18,950

$

7,479

$

611,989

$

323,357

$

74,500

$ 3,475,903

$

745,000

$

105,000

$ 1,652,000

$ 34,231,470

$ 34,231,470

Senate Functional Budgets

Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Senate Budget Office Total

Total Funds State Funds

$ 6,166,082 $ 6,166,082

$

891,505 $

891,505

$ 1,212,212 $ 1,212,212

$

410,008 $

410,008

$ 8,679,807 $ 8,679,807

House Functional Budgets

House of Representatives and Research Office Speaker of the House's Office Clerk of the House's Office Total

Total Funds State Funds

$ 13,168,484 $ 13,168,484

$

457,858 $

457,858

$ 1,558,487 $ 1,558,487

$ 15,184,829 $ 15,184,829

Joint Functional Budgets

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee Total

Total Funds State Funds

$ 3,031,534 $ 3,031,534

$ 2,224,716 $ 2,224,716

$ 1,221,680 $ 1,221,680

$ 3,476,638 $ 3,476,638

$

412,266 $

412,266

$ 10,366,834 $ 10,366,834

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of

MONDAY, MARCH 22, 2004

2507

Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees

$ 29,118,037

$ 24,224,703

$ 1,416,500

$

400,000

$

0

$

20,795

$ 1,105,815

$

195,000

2508

JOURNAL OF THE HOUSE

Contracts Computer Charges Telecommunications

Total Funds Budgeted State Funds Budgeted

$

0

$ 1,423,000

$

332,224

$ 29,118,037

$ 29,118,037

Section 3. Judicial Branch.

PART II JUDICIAL BRANCH

State Funds Personal Services Other Operating Prosecuting Attorney's Council Judicial Administrative Districts Payment to Council of Superior Court Clerks Payment to Resource Center Computerized Information Network
Total Funds Budgeted
State Funds Budgeted

$ 140,268,407

$ 16,618,242

$ 119,159,770

$ 4,765,927

$ 1,918,814

$

44,925

$

800,000

$

0

$ 143,307,678

$ 140,268,407

Judicial Branch Functional Budgets

Supreme Court Court of Appeals Superior Court - Judges Superior Court - District Attorneys Council of Juvenile Court Judges Institute of Continuing Judicial Education Judicial Council Judicial Qualifications Commission Indigent Defense Council Georgia Courts Automation Commission Georgia Office Of Dispute Resolution Total

Total Funds State Funds

$ 8,691,829 $ 7,371,463

$ 11,789,633 $ 11,699,633

$ 49,089,631 $ 49,089,631

$ 45,396,452 $ 43,852,547

$ 1,384,901 $ 1,384,901

$ 1,048,305 $ 1,048,305

$ 16,003,954 $ 15,918,954

$

250,642 $

250,642

$ 9,304,145 $ 9,304,145

$

0$

0

$

348,186 $

348,186

$ 143,307,678 $ 140,268,407

Section 4. Department of Administrative Services. A. Budget Unit: State Funds - Department of
Administrative Services Personal Services Regular Operating Expenses

$ 39,164,276
$ 18,893,559 $ 4,662,069

MONDAY, MARCH 22, 2004

2509

Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Rents and Maintenance Expense Direct Payments to Georgia Building Authority for
Capital Outlay Direct Payments to Georgia Building Authority for
Operations Materials for Resale Public Safety Officers Indemnity Fund Health Planning Review Board Operations Payments to Aviation Hall of Fame Payments to Golf Hall of Fame Alternative Fuels Grant Payments to Georgia Technology Authority Removal of Hazardous Waste
Total Funds Budgeted
State Funds Budgeted

$

278,513

$

20,418

$

148,582

$ 2,614,510

$ 1,164,046

$

423,976

$

689,495

$

283,435

$

0

$ 2,096,250

$ 1,867,799

$ 6,014,012

$

0

$

32,077

$

44,450

$

68,737

$

0

$ 21,171,786

$

92,625

$ 60,566,339

$ 39,164,276

Departmental Functional Budgets

Administration Support Services Statewide Business Risk Management Executive Administration Governor's Small Business Center State Properties Commission Office of the Treasury State Office of Administrative Hearings Total

Total Funds State Funds

$ 30,943,102 $ 28,120,528

$ 13,161,829 $

408,840

$ 3,422,311 $ 3,384,690

$ 3,006,134 $

0

$ 1,397,033 $ 1,286,027

$

928,147 $

915,450

$

612,461 $

612,461

$ 2,639,428 $

362,649

$ 4,455,894 $ 4,073,631

$ 60,566,339 $ 39,164,276

B. Budget Unit: State Funds - Georgia Building Authority
Personal Services Regular Operating Expenses

$

0

$ 16,018,934 $ 6,148,810

2510

JOURNAL OF THE HOUSE

Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Utilities Facilities Renovations and Repairs Payments to Department of Public Safety Building Access Control
Total Funds Budgeted
State Funds Budgeted

$

14,800

$

100,000

$

200,000

$

307,000

$

15,071

$

281,700

$

657,089

$ 3,173,776

$ 5,808,583

$ 7,839,685

$

510,229

$ 3,151,435

$ 1,670,244

$ 45,897,356

$

0

Departmental Functional Budgets

Executive Division Facilities Operations Property Resources Internal Operations Transportation External Operations Total

Total Funds State Funds

$ 2,234,588 $

0

$ 27,439,242 $

0

$ 7,646,451 $

0

$ 1,184,402 $

0

$ 3,107,888 $

0

$ 4,284,785 $

0

$ 45,897,356 $

0

C. Budget Unit: State Funds - Georgia Technology Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Rents and Maintenance Expense Telephone Billings Radio Billings

$

0

$ 54,658,111

$ 5,370,000

$

490,140

$

0

$

185,485

$ 33,673,324

$ 4,151,132

$

6,000

$ 14,319,286

$

400,000

$

0

$ 82,323,000

$

501,019

MONDAY, MARCH 22, 2004

2511

Materials for Resale Transfers to GIS Clearinghouse
Total Funds Budgeted
State Funds Budgeted

$ 3,481,106

$

0

$ 199,558,603

$

0

Section 5. Department of Agriculture.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Market Bulletin Postage Payments to Athens and Tifton Veterinary
Laboratories Poultry Veterinary Diagnostic Laboratories in
Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe Veterinary Fees Indemnities Advertising Contract Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets Capital Outlay Contract - Federation of Southern Cooperatives Boll Weevil Eradication Program
Total Funds Budgeted
State Funds Budgeted

$ 37,230,794

$ 32,587,578

$ 3,850,488

$ 1,043,708

$

0

$

412,082

$

664,341

$ 1,198,343

$

375,509

$

33,500

$ 1,479,998

$

566,619

$ 3,357,556

$ 3,042,091

$

142,000

$

10,000

$

425,000

$

653,000

$

0

$

39,000

$

0

$ 49,880,813

$ 37,230,794

Departmental Functional Budgets

Plant Industry Animal Industry Marketing Internal Administration

Total Funds State Funds $ 8,400,602 $ 6,961,865 $ 15,104,598 $ 12,141,910 $ 7,451,391 $ 3,697,498 $ 4,326,379 $ 4,119,825

2512

JOURNAL OF THE HOUSE

Public Affairs/Animal Protection Fuel and Measures Consumer Protection Field Forces Seed Technology Total

$ 2,444,558 $ 2,319,558

$

0$

0

$ 11,350,495 $ 7,990,138

$

802,790 $

0

$ 49,880,813 $ 37,230,794

Section 6. Department of Banking and Finance.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts
Total Funds Budgeted
State Funds Budgeted

$ 10,456,726

$ 9,019,404

$

269,025

$

318,557

$

0

$

2,347

$

170,978

$

548,976

$

117,004

$

10,435

$

0

$ 10,456,726

$ 10,456,726

Section 7. Department of Community Affairs.

State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Capital Felony Expense Contracts for Regional Planning and Development Local Assistance Grants Appalachian Regional Commission Assessment HUD-Community Development Block Pass thru
Grants

$ 27,804,398

$ 65,834,093

$ 23,130,117

$ 1,979,687

$

611,739

$

0

$

166,022

$ 1,553,553

$

970,976

$

637,913

$

573,436

$

527,611

$

0

$ 1,873,256

$

112,500

$

160,500

$ 30,000,000

MONDAY, MARCH 22, 2004

2513

Payment to Georgia Environmental Facilities Authority
Community Service Grants Home Program ARC-Revolving Loan Fund Local Development Fund Payment to State Housing Trust Fund Payments to Sports Hall of Fame Regional Economic Business Assistance Grants
GHFA EZ/EC Administration EZ/EC Grants Regional Economic Development Grants Contracts for Homeless Assistance HUD Section 8 Rental Assistance Georgia Regional Transportation Authority GHFA - Georgia Cities Foundation Georgia Leadership Infrastructure Investment Fund Quality Growth Program One Georgia
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$

307,125

$ 5,000,000

$ 2,834,618

$

0

$

0

$ 2,925,000

$

772,189

$ 2,808,000

$

0

$

0

$

0

$ 1,250,000

$ 50,000,000

$ 4,556,478

$

731,250

$

495,000

$

195,000

$ 65,834,093

$ 200,006,063

$ 65,834,093

$ 27,804,398

Departmental Functional Budgets

Executive Division Planning and Environmental Management Division Business and Financial Assistance Division Housing Finance Division Finance Division Administrative and Computer Support Division Georgia Music Hall of Fame Division Community Services Division Rural Development Division One Georgia Total

Total Funds State Funds

$ 1,033,202 $

766,282

$ 4,270,422 $ 4,084,033

$ 36,473,681 $ 4,712,673

$ 9,153,794 $ 2,834,618

$ 7,890,318 $ 6,224,209

$ 2,543,933 $

807,894

$ 1,264,010 $

789,196

$ 66,678,866 $ 3,216,749

$ 4,863,744 $ 4,368,744

$ 65,834,093 $ 65,834,093

$ 200,006,063 $ 93,638,491

Section 8. Department of Community Health. A. Budget Unit: State Funds - Medicaid Services Tobacco Funds

$ 1,786,912,272 $ 53,116,681

2514

JOURNAL OF THE HOUSE

Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Medicaid Benefits, Penalties and Disallowances Audit Contracts Special Purpose Contracts Purchase of Service Contracts Grant in Aid to Counties Health Insurance Payments Medical Fair Loan Repayment Program Medical Scholarships Capitation Contracts for Family Practice Residency Residency Capitation Grants Student Preceptorships Medical Student Capitation Mercer School of Medicine Grant Morehouse School of Medicine Grant SREB Payments Pediatric Residency Capitation Preventive Medicine Capitation
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$ 33,070,353

$ 8,328,073

$

388,883

$

0

$

75,136

$ 92,768,439

$ 1,793,945

$

898,341

$ 1,499,495

$ 392,681,680

$ 5,437,815,183

$ 1,097,500

$

0

$

183,244

$

530,942

$ 1,009,000,000

$

61,258

$

350,757

$

728,000

$ 3,800,983

$ 2,023,883

$

50,000

$ 3,573,676

$ 18,445,897

$ 8,088,577

$

401,225

$

435,722

$

110,255

$ 7,018,201,447

$ 53,116,681

$ 1,786,912,272

Departmental Functional Budgets

Commissioner's Office Community Affairs Medicaid Benefits, Penalties and Disallowances Medical Assistance Plans Managed Care and Quality Information Technology General Counsel Operations

Total Funds State Funds

$

878,539 $

558,110

$

363,822 $

181,911

$ 5,437,815,183 $ 1,715,813,524

$ 93,205,722 $ 8,759,929

$ 2,191,886 $ 1,095,943

$ 102,875,219 $ 25,419,876

$ 6,272,585 $ 3,081,669

$ 6,686,039 $ 2,656,538

MONDAY, MARCH 22, 2004

2515

Financial Planning and Fiscal Policy Minority Health Women's Health Rural Health State Health Benefit Plan Public Employee Health Claims Georgia Board for Physician Workforce State Medical Education Board Composite Board of Medical Examiners Total

$ 6,392,920 $ 2,832,795

$ 3,057,906 $ 1,802,587

$

507,683 $

277,295

$

355,585 $

339,080

$ 2,601,647 $ 2,204,650

$ 304,991,665 $

0

$ 1,009,000,000 $ 34,000,000

$ 37,422,099 $ 37,422,099

$ 1,353,724 $ 1,353,724

$ 2,229,223 $ 2,229,223

$ 7,018,201,447 $ 1,840,028,953

B. Budget Unit: State Funds - Indigent Trust Fund Per Diem and Fees Contracts Benefits Payments to Nursing Homes
Total Funds Budgeted
Other Funds Federal Funds State Funds Budgeted

$ 90,602,023

$

0

$ 8,200,000

$ 360,067,504

$ 241,927,965

$ 610,195,469

$ 148,828,880

$ 370,764,566

$ 90,602,023

C. Budget Unit: State Funds - PeachCare for Kids Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts PeachCare Benefits, Penalties and Disallowances
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$ 76,222,282

$ 4,970,705

$

368,353

$

165,254

$

45,000

$

0

$

1,155

$

130,599

$

0

$

11,675

$

0

$ 10,085,357

$ 274,203,081

$ 285,010,474

$ 4,970,705

$ 76,222,282

Section 9. Department of Corrections.

2516

JOURNAL OF THE HOUSE

State Funds - Administration, Institutions and Probation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Utilities Court Costs County Subsidy County Subsidy for Jails County Workcamp Construction Grants Central Repair Fund Payments to Central State Hospital for Meals Payments to Central State Hospital for Utilities Payments to Public Safety for Meals Inmate Release Fund Health Services Purchases University of Georgia - College of Veterinary Medicine Contracts Minor Construction Fund Total Funds Budgeted
Indirect DOAS Funding State Funds Budgeted

$ 905,854,482

$ 545,691,691

$ 64,058,000

$ 2,002,328

$ 1,809,244

$ 2,494,619

$ 5,678,792

$ 7,792,861

$ 7,178,331

$

42,637

$ 76,074,263

$

0

$ 26,309,405

$ 1,300,000

$ 37,726,400

$ 15,350,000

$

0

$ 1,093,624

$ 4,268,025

$ 1,627,150

$

577,160

$ 1,450,000

$ 130,643,440

$

449,944

$ 1,024,200

$ 934,642,114

$

450,000

$ 905,854,482

Departmental Functional Budgets

Executive Operations Administration Human Resources Field Probation Facilities Programs Total

Total Funds State Funds $ 30,342,159 $ 29,892,159 $ 22,888,396 $ 22,888,396 $ 8,518,972 $ 8,518,972 $ 84,923,874 $ 81,580,413 $ 639,890,499 $ 623,360,537 $ 148,078,214 $ 139,614,005 $ 934,642,114 $ 905,854,482

MONDAY, MARCH 22, 2004

2517

Section 10. Department of Defense.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Capital Leases
Total Funds Budgeted
State Funds Budgeted

$ 7,895,875

$ 17,793,977

$ 23,939,607

$

90,875

$

0

$

52,800

$

68,625

$

43,211

$ 1,022,261

$ 1,341,895

$

244,000

$

0

$

9,930

$ 44,607,181

$ 7,895,875

Departmental Functional Budgets

Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total

Total Funds State Funds

$ 2,559,246 $ 2,096,505

$ 7,479,634 $

985,832

$ 34,568,301 $ 4,813,538

$ 44,607,181 $ 7,895,875

Section 11. State Board of Education. A. Budget Unit: State Funds - Department of
Education Tobacco Funds Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities

$ 5,920,874,093

$

0

$ 42,333,072

$ 5,712,285

$ 1,281,935

$

0

$

292,680

$ 1,135,404

$ 4,222,787

$ 41,735,506

$ 9,573,252

$

903,485

$

772,896

2518

JOURNAL OF THE HOUSE

Capital Outlay QBE Formula Grants: Kindergarten/Grades 1 - 3 Grades 4 - 8 Grades 9 - 12 Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories Special Education Gifted Remedial Education Additional Instruction Staff Development and Professional Development Media Indirect Cost Pupil Transportation Local Five Mill Share Mid-Term Adjustment Reserve Teacher Salary Schedule Adjustment Other Categorical Grants: Equalization Formula Sparsity Grants Special Education Low - Incidence Grants Non-QBE Grants: Next Generation School Grants Youth Apprenticeship Grants High School Program - Agriculture Ed High School Program - Tech/Career Ed Payment of Federal Funds to Board of Technical
and Adult Education Vocational Research and Curriculum Title I-A Improving Basic Programs - LEA's Title I-B Even Start Instructional Services for the Handicapped Retirement (H.B. 272 and H.B. 1321) Title VI-A State Assessment Programs Tuition for the Multi-Handicapped PSAT School Lunch (Federal) Joint Evening Programs Education of Homeless Children/Youth Pay for Performance Pre-School Handicapped Program

$ 30,569,700

$ 1,693,656,941

$ 1,558,335,891

$ 748,004,010

$ 66,740,638

$ 69,289,416

$ 196,506,716

$ 761,520,976

$ 176,850,170

$ 23,587,944

$ 46,621,410

$ 30,517,972

$ 147,220,233

$ 905,991,469

$ 157,439,881

$(1,206,225,204)

$ 118,649,246

$

0

$ 288,182,775

$ 6,352,443

$

826,722

$

384,555

$ 4,022,464

$ 7,289,841

$ 48,795,180

$ 16,909,425

$

57,313

$ 309,883,868

$ 7,021,675

$ 191,495,397

$ 5,508,750

$

0

$ 1,746,166

$

719,129

$ 188,375,722

$

786,651

$ 1,546,542

$ 5,702,222

$ 21,881,401

MONDAY, MARCH 22, 2004
Mentor Teachers Environmental Science Grants Advanced Placement Exams Serve America Program Title IV-A1, Safe and Drug Free Schools School Lunch (State) Charter Schools Refugee School Impact State and Local Education Improvement Health Insurance - Non-Cert. Personnel and Retired
Teachers Innovative Programs Title II Math/Science Grant (Federal) Migrant Education (State) Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education at State Institutions Byrd Honor Scholarships Title 1-F, Comprehensive School Reform Character Education National Teacher Certification Health Insurance Adjustment Principal Supplements Class Size Reduction Grants For School Nurses Reading and Math Programs Student Testing Internet Access School Improvement Teams Communities in Schools Georgia Learning Connection Knowledge is Power Program Postsecondary Options Title I-B Reading First Title I-C Migrant Education (Federal) Title I-D Neglected and Delinquent Title II-A Improving Teacher Quality Title II-D Enhancing Education Thru Technology Title III-A English Language Title IV-B 21st Century Communication Title VI-B Rural and Low-Income Temporary QBE Reduction

2519

$ 1,158,544

$

0

$ 1,608,000

$

150,000

$ 10,567,629

$ 36,246,276

$ 7,301,341

$

639,390

$

0

$ 107,826,070

$ 9,389,202

$

0

$

267,535

$ 11,111,789

$ 66,287,536

$ 4,911,783

$ 3,744,077

$ 1,188,000

$ 8,478,748

$

250,000

$ 6,894,490

$

0

$ 5,643,290

$

0

$ 30,000,000

$ 75,422,493

$ 10,975,646

$ 3,644,339

$ 11,636,228

$ 1,305,919

$

0

$

11,466

$ 2,381,573

$

0

$ 8,626,018

$ 2,000,255

$ 72,520,695

$ 17,764,034

$ 6,786,358

$ 8,691,764

$ 6,941,585

$ (283,457,474)

2520

JOURNAL OF THE HOUSE

Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted State Funds Budgeted

$ 6,999,643,551

$

0

$

0

$ 5,920,874,093

Departmental Functional Budgets

State Superintendant Policy and External Affairs Curriculum and Instruction Governor's Honors Program Finance and Business Operations Teacher and Student Support Information Technology Local Programs Student Achievement Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Total

Total Funds State Funds

$

306,548 $

306,548

$ 6,407,280 $ 6,103,964

$ 23,571,834 $ 5,755,524

$ 1,472,108 $ 1,394,519

$ 13,250,398 $ 6,388,718

$ 14,578,981 $ 2,696,910

$ 20,567,286 $ 15,088,951

$ 6,900,622,725 $ 5,865,300,818

$

0$

0

$ 6,125,523 $ 5,862,005

$ 5,920,575 $ 5,494,104

$ 6,820,293 $ 6,482,032

$ 6,999,643,551 $ 5,920,874,093

B. Budget Unit: Lottery for Education Computers in the Classroom Distance Learning - Satellite Dishes Post Secondary Options Educational Technology Centers Assistive Technology Applied Technology Labs Financial and Management Equipment Alternative Programs Fort Discovery National Science Center Capital Outlay Learning Logic Sites Student Information System
Total Funds Budgeted
Lottery Funds Budgeted

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

C. Budget Unit: Office of School Readiness Pre-Kindergarten - Grants Pre-Kindergarten - Personal Services Pre-Kindergarten - Operations

$ 1,215,299 $ 252,493,071 $ 2,131,565 $ 4,909,478

MONDAY, MARCH 22, 2004
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay Federal Programs Standards of Care
Total Funds Budgeted Lottery Funds Budgeted
State Funds Budgeted
Section 12. Employees' Retirement System.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Benefits to Retirees
Total Funds Budgeted State Funds Budgeted
Section 13. Forestry Commission.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

2521

$ 1,123,882

$

29,783

$

43,283

$

0

$

0

$

0

$

5,000

$

0

$

3,000

$

10,351

$

0

$

0

$ 75,495,529

$

667,000

$ 336,911,942

$ 259,534,114 $ 1,215,299

$

617,000

$ 3,697,923

$

654,200

$

29,000

$

0

$

12,450

$ 1,269,708

$

345,740

$

82,002

$

973,600

$ 2,526,000

$

617,000

$ 10,207,623

$

617,000

$ 33,533,361

$ 29,581,589

$ 5,730,944

$

120,671

$

894,579

2522

JOURNAL OF THE HOUSE

Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Ware County Grant Ware County Grant for Southern Forest World Capital Outlay
Total Funds Budgeted
State Funds Budgeted

$ 1,727,651

$

357,000

$

11,518

$

723,271

$

9,500

$

544,260

$

60,000

$

28,500

$

0

$ 39,789,483

$ 33,533,361

Departmental Functional Budgets

Reforestation Field Services General Administration and Support Total

Total Funds State Funds

$ 2,035,204 $

3,348

$ 34,103,948 $ 30,047,837

$ 3,650,331 $ 3,482,176

$ 39,789,483 $ 33,533,361

Section 14. Georgia Bureau of Investigation.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Evidence Purchased Capital Outlay Crime Victims Assistance Program Criminal Justice Grants
Total Funds Budgeted
State Funds Budgeted

$ 59,854,420

$ 48,386,014

$ 5,576,524

$

399,199

$

233,921

$

220,443

$

407,820

$

497,670

$ 1,152,693

$ 2,231,277

$ 2,319,974

$

288,667

$

0

$ 1,500,000

$ 27,783,371

$ 90,997,573

$ 59,854,420

Departmental Functional Budgets

MONDAY, MARCH 22, 2004

2523

Administration Investigative Georgia Crime Information Center Forensic Sciences Criminal Justice Coordinating Council Total

Total Funds State Funds

$ 6,181,937 $ 6,181,937

$ 25,095,702 $ 25,095,702

$ 10,718,043 $ 10,553,723

$ 17,690,792 $ 17,690,792

$ 31,311,099 $

332,266

$ 90,997,573 $ 59,854,420

Section 15. Office of the Governor.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Cost of Operations Mansion Allowance Governor's Emergency Fund Intern Program Expenses Art Grants of State Funds Art Grants of Non-State Funds Humanities Grant - State Funds Art Acquisitions - State Funds Grants to Local Systems Grants - Local EMA Grants - Other Grants - Civil Air Patrol Registrations Troops to Teachers
Total Funds Budgeted
State Funds Budgeted

$ 37,553,295

$ 21,240,587

$ 1,550,980

$

348,070

$

0

$

59,911

$

439,488

$ 1,173,160

$

555,212

$ 1,408,170

$ 4,834,415

$ 4,901,136

$

40,000

$ 1,861,681

$

358,595

$ 3,572,584

$

274,194

$

162,630

$

0

$

0

$ 1,085,000

$

0

$

57,000

$

0

$

111,930

$ 44,034,743

$ 37,553,295

Departmental Functional Budgets

Governor's Office

Total Funds State Funds $ 7,161,412 $ 7,161,412

2524

JOURNAL OF THE HOUSE

Office of Equal Opportunity Office of Planning and Budget Council for the Arts Office of Consumer Affairs Child Advocate Human Relations Commission Professional Standards Commission Georgia Emergency Management Agency Education Accountability Office of the Inspector General Office of Homeland Security Total

$ 1,151,394 $

764,177

$ 9,509,890 $ 9,509,890

$ 4,902,513 $ 4,238,420

$ 4,044,380 $ 3,476,691

$

719,483 $

719,483

$

0$

0

$ 6,762,279 $ 6,650,349

$ 6,665,342 $ 2,180,823

$ 1,472,888 $ 1,206,888

$

932,369 $

932,369

$

712,793 $

712,793

$ 44,034,743 $ 37,553,295

Section 16. Department of Human Resources.

State Funds Tobacco Funds Brain and Spinal Trust Fund

$ 1,377,663,435 $ 44,068,581 $ 2,000,000

1. General Administration and Support Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Major Maintenance and Construction Postage Payments to DCH-Medicaid Benefits Grants to County DFACS - Operations Brain and Spinal Trust Fund Benefits
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted
Brain and Spinal Trust Fund

$ 106,335,105 $ 5,823,370 $ 2,701,746

$

0

$

481,747

$ 10,316,012

$ 5,616,648

$ 32,098,199

$ 53,851,170

$ 16,576,184

$

0

$

0

$ 87,093,017

$

163,451

$ 2,095,936

$ 34,317,677

$ 1,704,400

$ 1,850,000

$ 361,024,662

$ 4,737,777

$ 8,278,248

$ 2,000,000

MONDAY, MARCH 22, 2004

2525

State Funds Budgeted

$ 165,601,856

Departmental Functional Budgets

Total Funds State Funds

Commissioner's Office

$ 1,191,672 $ 1,191,672

Office of Planning and Budget Services

$ 4,143,173 $ 4,114,656

Office of Adoptions

$ 8,848,033 $ 5,602,214

Children's Community Based Initiative

$ 9,963,035 $ 9,688,035

Human Resources and Organization Development $ 1,239,398 $ 1,239,398

Computer Services

$ 69,061,757 $ 33,602,493

Technology and Support

$ 17,614,937 $ 13,239,892

Facilities Management

$ 8,728,716 $ 6,499,514

Regulatory Services - Program Direction and Support $

952,428 $

677,915

Child Care Licensing

$ 3,826,081 $ 3,650,087

Health Care Facilities Regulation

$ 12,251,053 $ 5,717,529

Office of Investigation

$ 6,553,468 $ 1,786,944

Office of Financial Services

$ 9,856,941 $ 5,467,231

Office of Audits

$ 2,483,613 $ 2,483,613

Human Resource Management

$ 6,668,108 $ 6,668,108

Transportation Services

$ 18,862,511 $ 2,771,004

Office of Facilities and Support Services

$ 5,557,937 $ 5,557,937

Indirect Cost

$

0 $ (18,061,135)

Policy and Government Services

$ 1,396,407 $ 1,246,407

Aging Services

$ 98,847,723 $ 64,291,541

DDSA Council

$ 2,276,763 $

29,023

Brain and Spinal Trust Fund Benefits

$ 2,000,000 $ 2,000,000

Office of Child Support Enforcement

$ 68,700,908 $ 16,416,026

Total

$ 361,024,662 $ 175,880,104

2. Public Health Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Special Purpose Contracts Purchase of Service Contracts

$ 55,755,173

$ 77,472,557

$

885,429

$

0

$

195,367

$ 1,509,862

$ 1,053,033

$ 9,229,433

$

0

$ 1,032,038

$

324,000

$ 28,268,650

2526

JOURNAL OF THE HOUSE

Grant-In-Aid to Counties Postage Medical Benefits

Total Funds Budgeted

Indirect DOAS Services Funding

Tobacco Funds Budgeted

State Funds Budgeted

$ 153,888,428

$

196,235

$ 6,138,072

$ 335,948,277

$

324,160

$ 22,193,977

$ 161,051,291

Departmental Functional Budgets

District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack Prevention Sickle Cell, Vision and Hearing High-Risk Pregnant Women and Infants Sexually Transmitted Diseases Family Planning Women, Infants and Children Nutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Vital Records Health Services Research Environmental Health Laboratory Services Community Health Management AIDS Drug and Clinic Supplies Adolescent Health Public Health - Planning Councils

Total Funds State Funds

$ 13,601,694 $ 13,444,126

$ 5,402,983 $ 2,425,625

$ 2,903,473 $ 2,578,298

$ 2,195,951 $

985,089

$ 6,251,438 $ 5,484,619

$ 5,385,227 $ 5,385,227

$ 3,285,095 $ 1,009,508

$ 11,695,479 $

725,000

$ 85,325,463 $

0

$ 67,334,380 $ 66,347,829

$ 13,078,079 $ 6,248,767

$ 3,762,641 $ 2,319,293

$

593,232 $

477,088

$ 3,460,209 $ 3,100,969

$ 1,702,964 $

0

$ 5,841,748 $ 4,242,787

$ 2,192,913 $ 1,286,761

$

883,516 $

661,655

$ 2,883,080 $ 1,199,521

$ 1,884,391 $ 1,884,391

$

0$

0

$ 8,225,968 $ 8,225,968

$ 3,011,205 $ 2,733,139

$ 2,264,558 $ 1,983,776

$

936,370 $

936,370

$ 2,100,668 $ 1,569,193

$ 7,902,630 $ 7,632,630

$

294,270 $

294,270

$ 21,942,470 $ 15,080,753

$ 12,152,398 $ 4,079,320

$ 12,580,279 $ 2,885,718

$

145,387 $

127,890

MONDAY, MARCH 22, 2004

2527

Early Intervention Injury Control Smoking Prevention and Cessation Public Health - Division Indirect Cost Total

$ 13,037,544 $ 10,336,018

$

255,988 $

143,983

$ 11,434,586 $ 11,434,586

$

0 $ (4,024,899)

$ 335,948,277 $ 183,245,268

3. Family and Children Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Postage Grants to County DFACS - Operations
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 13,908,298

$ 3,181,183

$ 1,206,903

$

0

$

237,019

$

455,237

$ 6,681,954

$ 8,745,966

$

0

$

669,785

$ 7,453,650

$ 123,303,498

$ 7,212,714

$ 474,778,521

$ 31,182,611

$ 2,401,505

$ 387,511,570

$ 1,068,930,414

$

0

$ 3,341,218

$ 455,978,602

Departmental Functional Budgets

Director's Office Social Services Fiscal Management Quality Assurance Community Services Field Management Professional Development Economic Support Child Care and Parent Services Temporary Assistance for Needy Families

Total Funds State Funds

$

981,512 $

981,512

$ 6,840,444 $ 5,650,973

$ 4,617,351 $ 2,631,522

$ 3,734,855 $ 3,734,855

$ 14,160,081 $ 1,939,005

$ 2,856,460 $ 2,856,460

$ 5,233,714 $ 3,240,013

$ 3,243,921 $ 3,104,482

$

419,493 $

419,493

$ 114,134,948 $ 50,584,878

2528

JOURNAL OF THE HOUSE

SSI - Supplemental Benefits Refugee Programs Energy Benefits County DFACS Operations - Eligibility County DFACS Operations - Social Services Food Stamp Issuance County DFACS Operations - Homemakers Services County DFACS Operations - Joint and
Administration County DFACS Operations - Employability Program Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care Troubled Children Child Day Care Special Projects Children's Trust Fund Indirect Cost Total

$

0$

$ 2,795,420 $

$ 7,223,130 $

$ 115,156,448 $

$ 148,596,356 $

$ 3,190,752 $

$ 7,802,877 $

$ 90,212,741 $

0 0 0 50,350,630 64,504,087 0 0 43,413,239

$ 26,143,148 $ 10,247,979

$ 43,105,900 $ 10,743,985

$ 6,546,322 $ 2,670,531

$ 68,872,403 $ 37,137,938

$ 61,823,596 $ 40,213,414

$ 13,280,480 $ 7,851,508

$ 49,863,693 $ 28,604,393

$ 16,744,598 $ 3,069,048

$ 64,908,874 $ 36,720,495

$ 174,950,043 $ 50,141,358

$ 4,037,204 $ 3,997,204

$ 7,453,650 $ 7,453,650

$

0 $ (12,942,832)

$ 1,068,930,414 $ 459,319,820

4. Community Mental Health/Mental Retardation and Institutions:
Personal Services Operating Expenses Motor Vehicle Equipment Purchases Utilities Major Maintenance and Construction Community Services
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 300,223,326

$ 59,967,012

$

200,000

$ 9,501,001

$ 1,991,161

$ 475,430,249

$ 847,312,749

$

558,163

$ 10,255,138

$ 595,031,686

Departmental Functional Budgets

Southwestern State Hospital Augusta Regional Hospital

Total Funds State Funds $ 35,127,005 $ 21,357,081 $ 21,301,244 $ 15,387,651

MONDAY, MARCH 22, 2004

2529

Northwest Regional Hospital at Rome Georgia Regional Hospital at Atlanta Central State Hospital Georgia Regional Hospital at Savannah Gracewood State School and Hospital West Central Regional Hospital Outdoor Therapeutic Programs Community Mental Health Services Community Mental Retardation Services Community Substance Abuse Services Program Direction and Support Regional Offices Total
Budget Unit Object Classes:
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Operating Expenses Community Services Case Services Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Grant-In-Aid to Counties Major Maintenance and Construction Utilities Postage Payments to DCH-Medicaid Benefits Grants to County DFACS - Operations Medical Benefits Brain and Spinal Trust Fund Benefits

$ 33,009,271 $ 22,429,463 $ 42,133,045 $ 31,017,081 $ 116,197,217 $ 67,113,686 $ 21,567,229 $ 17,111,722 $ 47,145,476 $ 18,558,275 $ 24,324,453 $ 19,457,788 $ 4,274,012 $ 3,333,322 $ 208,278,597 $ 195,456,095 $ 167,227,086 $ 132,992,447 $ 102,490,368 $ 47,364,467 $ 15,144,492 $ 6,759,666 $ 9,093,254 $ 6,948,080 $ 847,312,749 $ 605,286,824

$ 476,221,902

$ 86,477,110

$ 4,794,078

$

200,000

$

914,133

$ 12,281,111

$ 13,351,635

$ 50,073,598

$ 53,851,170

$ 18,278,007

$ 59,967,012

$ 475,430,249

$

0

$ 7,453,650

$ 123,303,498

$ 7,536,714

$ 474,778,521

$ 146,544,278

$ 153,888,428

$ 2,154,612

$ 9,501,001

$ 4,693,676

$ 34,317,677

$ 389,215,970

$ 6,138,072

$ 1,850,000

2530

JOURNAL OF THE HOUSE

Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted
Brain and Spinal Trust Fund State Funds Budgeted

$ 2,613,216,102
$ 5,620,100 $ 44,068,581 $ 2,000,000 $ 1,377,663,435

Section 17. Department of Industry, Trade and Tourism.

State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Local Welcome Center Contracts Marketing Georgia Ports Authority Lease Rentals Foreign Currency Reserve Waterway Development in Georgia Lanier Regional Watershed Commission Georgia World Congress Center One Georgia Fund Intergovernmental Contract
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$ 36,890,014

$

0

$ 12,205,010

$ 1,246,602

$

590,306

$

0

$

15,597

$

376,336

$

793,884

$

416,120

$

35,200

$ 1,245,148

$

244,335

$ 8,518,073 $ 11,154,653

$

0

$

48,750

$

0

$

0

$

0

$

0

$ 36,890,014

$

0

$ 36,890,014

Departmental Functional Budgets

Administration Economic Development Trade Tourism Film

Total Funds State Funds

$ 21,652,905 $ 21,652,905

$ 7,082,068 $ 7,082,068

$ 2,914,020 $ 2,914,020

$ 4,631,529 $ 4,631,529

$

609,492 $

609,492

MONDAY, MARCH 22, 2004

2531

Total

$ 36,890,014 $ 36,890,014

Section 18. Department of Insurance.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Health Care Utilization Review
Total Funds Budgeted
State Funds Budgeted

$ 16,427,511

$ 14,943,088

$

702,947

$

433,030

$

80,176

$

20,000

$

223,000

$

622,028

$

353,700

$

86,042

$

0

$

0

$ 17,464,011

$ 16,427,511

Departmental Functional Budgets
Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home Regulations Special Insurance Fraud Fund Total

Total Funds State Funds

$ 5,266,572 $ 5,266,572

$ 6,386,142 $ 6,386,142

$

510,639 $

510,639

$ 4,726,805 $ 3,690,305

$

573,853 $

573,853

$ 17,464,011 $ 16,427,511

Section 19. Department of Juvenile Justice.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Utilities

$ 273,367,722

$ 162,525,770

$ 14,390,568

$ 2,167,512

$

214,143

$

686,951

$ 3,398,720

$ 4,202,418

$ 2,255,742

$ 4,329,248

$ 5,438,254

$ 3,260,451

2532

JOURNAL OF THE HOUSE

Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Service Benefits for Children Purchase of Service Contracts Capital Outlay Juvenile Justice Reserve Children and Youth Grants Juvenile Justice Grants
Total Funds Budgeted
State Funds Budgeted

$

383,333

$

0

$ 88,971,145

$

0

$

0

$

0

$

200,000

$ 1,203,259

$ 293,627,514

$ 273,367,722

Departmental Functional Budgets

Regional Youth Development Centers Youth Development Centers YDC Purchased Services Court Services Day Centers Group Homes Community Corrections Law Enforcement Office Assessment and Classification Multi-Service Centers Youth Services Administration Office of Training Children and Youth Coordinating Council Total

Total Funds State Funds

$ 82,102,260 $ 80,598,300

$ 69,498,000 $ 67,250,581

$ 22,366,803 $ 21,462,996

$ 34,307,923 $ 29,753,116

$

574,022 $

574,022

$ 1,848,949 $ 1,848,949

$ 50,578,032 $ 41,267,008

$ 1,561,125 $ 1,561,125

$

911,303 $

911,303

$ 4,342,246 $ 4,252,246

$ 19,998,401 $ 19,800,182

$ 3,255,802 $ 3,255,802

$ 2,282,648 $

832,092

$ 293,627,514 $ 273,367,722

Section 20. Department of Labor. A. Budget Unit: State Funds - Department of
Labor Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications WIA Contracts Per Diem and Fees

$ 14,907,062

$ 87,832,868

$ 7,405,831

$ 1,481,527

$

34,858

$

566,309

$ 2,710,148

$ 2,830,503

$ 1,910,832

$ 54,500,000

$ 2,703,378

MONDAY, MARCH 22, 2004

2533

Contracts W.I.N. Grants Payments to State Treasury Capital Outlay

Total Funds Budgeted State Funds Budgeted

$ 1,513,287

$

0

$ 1,287,478

$

0

$ 164,777,019

$ 14,907,062

B. Budget Unit: State Funds - Division Of Rehabilitation Services
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Case Services Special Purpose Contracts Purchase of Services Contracts Major Maintenance and Construction Capital Outlay
Total Funds Budgeted
Indirect DOAS Services Funding State Funds Budgeted

$ 27,775,736

$ 91,827,382

$ 13,928,245

$ 2,003,571

$

39,095

$ 1,081,290

$ 6,022,313

$ 7,177,826

$ 4,425,033

$ 2,573,235

$ 2,953,221

$ 41,304,191

$ 1,080,076

$ 12,657,710

$

255,000

$

0

$ 187,328,188

$

150,000

$ 27,775,736

Departmental Functional Budgets

Vocational Rehabilitation Services Business Enterprise Program Administration Disability Adjudication Georgia Industries for the Blind Roosevelt Warm Springs Institute Total

Total Funds State Funds

$ 85,351,353 $ 17,613,170

$ 1,651,003 $

347,875

$ 3,911,097 $ 2,433,451

$ 55,297,080 $

0

$ 11,800,937 $

701,562

$ 29,316,718 $ 6,679,678

$ 187,328,188 $ 27,775,736

Section 21. Department of Law.

State Funds

$ 14,264,933

2534

JOURNAL OF THE HOUSE

Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Books for State Library Transfer Funds to Governor's Office
Total Funds Budgeted State Funds Budgeted
Section 22. Merit System of Personnel Administration.
State Funds Personal Services Regular Operating Expenses Travel Equipment Real Estate Rents Per Diem and Fees Contracts Computer Charges Telecommunications Payments to State Treasury
Total Funds Budgeted Federal Funds
Other Agency Funds Agency Assessments Deferred Compensation State Funds Budgeted
Section 23. Department of Motor Vehicle Safety.
State Funds Personal Services Regular Operating Expenses Travel

$ 14,339,147

$

705,564

$

181,781

$

0

$

0

$

299,269

$

831,689

$

155,913

$ 19,350,000

$

0

$

197,158

$

0

$ 36,060,521

$ 14,264,933

$

0

$ 8,630,409

$

991,171

$

133,213

$

0

$

706,480

$

239,697

$

843,311

$ 1,727,172

$

173,863

$ 2,201,416

$ 15,646,732

$

0

$ 1,573,802

$ 13,142,987

$

929,943

$

0

$ 77,665,832

$ 56,932,433

$ 6,972,031

$

457,236

MONDAY, MARCH 22, 2004

2535

Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Motor Vehicle Tag Purchase Post Repairs Conviction Reports Driver's License Processing Postage Investment for Modernization
Total Funds Budgeted
Department of Transportation Permit Funds Indirect DOAS Funding State Funds Budgeted

$

328,884

$

339,285

$ 12,461,537

$ 2,730,422

$ 2,526,623

$

330,653

$ 1,316,560

$

0

$

0

$

0

$

329,824

$ 3,044,237

$

750,000

$

0

$ 88,519,725

$ 6,396,898 $ 1,960,000

$ 77,665,832

Departmental Functional Budgets

Administration Operations Enforcement Total

Total Funds State Funds $ 33,307,404 $ 28,020,819 $ 40,232,849 $ 40,232,849 $ 14,979,472 $ 9,412,164 $ 88,519,725 $ 77,665,832

Section 24. Department of Natural Resources. A. Budget Unit: State Funds - Department of
Natural Resources Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Authority Lease Rentals Advertising and Promotion

$ 95,967,476

$ 86,638,478

$ 15,150,657

$

813,626

$

0

$ 1,314,415

$ 3,282,064

$ 1,268,551

$ 6,253,031

$

544,000

$ 1,356,959

$

0

$

689,910

2536

JOURNAL OF THE HOUSE

Cost of Material for Resale Capital Outlay:
New Construction Repairs and Maintenance Wildlife Management Area Land Acquisition Paving at State Parks and Historic Sites Grants: Land and Water Conservation Georgia Heritage 2000 Grants Recreation Contracts: Georgia State Games Commission Payments to Civil War Commission Hazardous Waste Trust Fund Solid Waste Trust Fund Wildlife Endowment Fund Payments to Georgia Agricultural Exposition Authority Payments to Southwest Georgia Railroad Excursion Authority Payments to McIntosh County Payments to Baker County Payments to Calhoun County Payments to Georgia Agrirama Development Authority for operations Community Green Space Grants
Total Funds Budgeted
Receipts from Jekyll Island State Park Authority Receipts from Stone Mountain Memorial
Association Receipts from Lake Lanier Islands
Development Authority Receipts from North Georgia Mountain Authority
Indirect DOAS Funding State Funds Budgeted

$ 1,293,300

$

669,178

$ 3,314,750

$

982,330

$

500,000

$

800,000

$

241,277

$

0

$

97,500

$

57,465

$ 3,595,077

$

0

$

0

$ 1,703,228

$

407,696

$

100,000

$

31,000

$

24,000

$

903,941

$

0

$ 132,032,433

$

940,190

$

0

$ 1,331,931

$ 1,434,982

$

200,000

$ 95,967,476

Departmental Functional Budgets

Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic Sites

Total Funds State Funds $ 5,152,252 $ 5,104,986 $ 7,359,627 $ 7,359,627 $ 2,555,486 $ 2,065,486 $ 39,218,700 $ 19,626,911

MONDAY, MARCH 22, 2004

2537

Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance Total

$ 2,453,802 $

$ 34,722,590 $

$ 40,179,380 $

$

390,596 $

$ 132,032,433 $

2,282,940 29,265,619 29,975,224
286,683 95,967,476

B. Budget Unit: State Funds - Georgia Agricultural Exposition Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay
Total Funds Budgeted
State Funds Budgeted

$

0

$ 3,205,081

$ 2,305,631

$

10,000

$

0

$

36,796

$

20,000

$

0

$

80,000

$

89,167

$

754,000

$

0

$ 6,500,675

$

0

C. Budget Unit: State Funds - Georgia Agrirama

Development Authority

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Goods for Resale

Total Funds Budgeted

State Funds Budgeted

$

0

$

923,985

$

172,637

$

1,790

$

0

$

8,830

$

1,000

$

0

$

15,000

$

0

$

5,000

$

52,000

$

75,000

$ 1,255,242

$

0

Section 25. State Board of Pardons and Paroles.

State Funds

$ 46,609,659

2538

JOURNAL OF THE HOUSE

Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Jail Subsidy Health Services Purchases
Total Funds Budgeted
State Funds Budgeted

$ 38,442,338

$ 1,333,825

$

331,800

$

0

$

291,500

$

591,200

$ 2,764,792

$ 1,002,721

$

929,209

$

284,774

$

617,500

$

20,000

$ 46,609,659

$ 46,609,659

Section 26. Department of Public Safety. A. Budget Unit: State Funds - Department of
Public Safety Operations Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts State Patrol Posts Repairs and Maintenance Capital Outlay Conviction Reports
Total Funds Budgeted
Indirect DOAS Service Funding State Funds Budgeted

$ 75,396,033

$ 65,154,244

$ 7,795,297

$

76,895

$ 2,876,986

$

290,290

$

654,000

$

100,695

$ 1,743,369

$

240,122

$

289,333

$

316,237

$

0

$

0

$ 79,537,468

$

990,000

$ 75,396,033

Departmental Functional Budgets

Administration Field Operations Capitol Police

Total Funds State Funds

$ 15,291,287 $ 14,451,287

$ 61,094,746 $ 60,944,746

$ 3,151,435 $

0

MONDAY, MARCH 22, 2004

2539

Total

$ 79,537,468 $ 75,396,033

B. Budget Unit: State Funds - Units Attached for Administrative Purposes Only
Attached Units Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Highway Safety Grants Peace Officers Training Grants Capital Outlay Total Funds Budgeted
State Funds Budgeted

$ 14,310,732

$ 10,875,436

$ 2,618,201

$

113,908

$

0

$

160,599

$

256,767

$

312,679

$

303,858

$

211,129

$

29,579

$ 2,525,200

$ 1,720,940

$

0

$ 19,128,296

$ 14,310,732

Departmental Functional Budgets

Office of Highway Safety Georgia Peace Officers Standards and Training Police Academy Fire Academy Georgia Firefighters Standards and Training Council Georgia Public Safety Training Facility Total

Total Funds State Funds

$ 3,794,167 $

548,940

$ 1,371,835 $ 1,371,835

$ 1,182,466 $ 1,083,893

$ 1,126,203 $ 1,013,340

$

455,845 $

455,845

$ 11,197,780 $ 9,836,879

$ 19,128,296 $ 14,310,732

Section 27. Public School Employees' Retirement System.

State Funds Payments to Employees' Retirement System Employer Contributions
Total Funds Budgeted
State Funds Budgeted

$ 1,420,696

$

587,500

$

833,196

$ 1,420,696

$ 1,420,696

2540

JOURNAL OF THE HOUSE

Section 28. Public Service Commission.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts
Total Funds Budgeted State Funds Budgeted
Section 29. Board of Regents, University System of Georgia.
A. Budget Unit: State Funds - Resident Instruction Tobacco Funds Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Special Funding Initiative Office of Minority Business Enterprise Student Education Enrichment Program Forestry Research Research Consortium Capital Outlay
Total Funds Budgeted Departmental Income
Sponsored Income Other Funds
Indirect DOAS Services Funding Governor's Emergency Funds Tobacco Funds Budgeted State Funds Budgeted

$ 8,651,730

$ 6,571,487

$

250,711

$

86,876

$

0

$

15,300

$

208,791

$

494,933

$

117,773

$

628,262

$

550,908

$ 8,925,041

$ 8,651,730

$ 1,422,377,713 $ 6,244,639

$ 1,797,857,764 $ 503,438,312

$ 470,912,762

$ 755,196,564

$ 31,120,771

$

988,152

$

326,759

$

955,831

$ 28,277,080

$ 95,063,332

$ 3,684,137,327

$ 132,560,254 $ 1,258,634,876

$ 861,280,345

$ 3,039,500

$

0

$ 6,244,639

$ 1,422,377,713

MONDAY, MARCH 22, 2004

2541

B. Budget Unit: State Funds - Regents Central Office and Other Organized Activities

$ 201,408,424

Tobacco Funds Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Agricultural Research Advanced Technology Development Center/
Economic Development Institute Seed Capital Fund - ATDC Capital Outlay Center for Rehabilitation Technology SREB Payments Regents Opportunity Grants Rental Payments to Georgia Military College Direct Payments to the Georgia Public
Telecommunications Commission for Operations Public Libraries Salaries and Operations Student Information System Georgia Medical College Health, Inc.
Total Funds Budgeted
Departmental Income Sponsored Income Other Funds
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$

0

$ 130,390,367 $ 75,862,198

$ 48,962,224 $ 41,236,508 $ 2,654,645 $ 24,377,860

$

0

$

0

$ 8,624,939

$

819,638

$

517,964

$ 1,745,496

$ 17,703,442

$ 34,142,788

$

0

$ 33,168,087

$ 420,206,156

$ 8,961,113

$ 130,889,335

$ 78,403,784

$

543,500

$

0

$ 201,408,424

Regents Central Office and Other Organized Activities

Marine Resources Extension Center Skidaway Institute of Oceanography Marine Institute Georgia Tech Research Institute

Total Funds State Funds

$ 2,735,555 $ 1,550,755

$ 6,664,647 $ 1,691,708

$ 1,763,841 $

996,208

$ 130,668,179 $ 9,086,302

2542

JOURNAL OF THE HOUSE

Advanced Technology Development Center/ Economic Development Institute
Agricultural Experiment Station Cooperative Extension Service Medical College of Georgia Hospital and Clinics Veterinary Medicine Experiment Station Veterinary Medicine Teaching Hospital Georgia Radiation Therapy Center Athens and Tifton Veterinary Laboratories Regents Central Office Public Libraries State Data Center Total

$ 24,377,860 $ 9,361,860

$ 75,516,239 $ 43,074,977

$ 59,237,775 $ 36,143,638

$

193,500 $

0

$ 3,461,327 $ 3,461,327

$ 7,192,975 $

492,975

$ 3,625,810 $

0

$ 4,653,970 $

0

$ 61,321,456 $ 61,214,607

$ 38,643,022 $ 34,334,067

$

150,000 $

0

$ 420,206,156 $ 201,408,424

C. Budget Unit: State Funds - Georgia Public Telecommunications Commission
Personal Services Operating Expenses General Programming Distance Learning Programming
Total Funds Budgeted
Other Funds State Funds Budgeted

$

0

$ 14,351,727

$ 17,505,728

$ 4,070,278

$

0

$ 35,927,733

$ 35,927,733

$

0

D. Budget Unit: Lottery for Education Equipment, Technology and Construction Trust
Fund Georgia Public Telecommunications Commission Internet Connection Initiative Special Funding Initiatives Research Consortium - Georgia Research Alliance Equipment - Public Libraries Student Information System Educational Technology Center
Total Funds Budgeted
Lottery Funds Budgeted

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

Section 30. Department of Revenue.

State Funds Tobacco Funds Personal Services

$ 466,895,136

$

150,000

$ 58,083,981

MONDAY, MARCH 22, 2004

2543

Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Tax Officials/Retirement and FICA Grants to Counties/Appraisal Staff Postage Investment for Modernization Homeowner Tax Relief Grants
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds
State Funds Budgeted

$ 7,474,771

$

987,071

$

49,980

$

276,384

$ 14,723,799

$ 6,935,736

$ 1,347,830

$

606,992

$ 1,223,613

$ 3,984,294

$

0

$

0

$ 17,785,550

$ 380,000,000

$ 493,480,001

$ 2,545,000

$

150,000

$ 466,895,136

Departmental Functional Budgets

Departmental Administration Internal Administration Information Systems Compliance Division Income Tax Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Alcohol and Tobacco Total

Total Funds State Funds

$ 37,235,046 $ 19,449,496

$ 7,513,511 $ 7,513,511

$ 15,955,172 $ 14,700,172

$ 25,183,030 $ 21,277,267

$ 7,501,284 $ 7,501,284

$ 384,779,903 $ 382,669,768

$ 5,660,773 $ 5,638,130

$

5,000 $

5,000

$ 6,431,798 $ 5,231,798

$ 3,214,484 $ 3,058,710

$ 493,480,001 $ 467,045,136

Section 31. Secretary of State. A. Budget Unit: State Funds - Secretary of State Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$ 31,745,744

$ 18,856,886

$ 3,703,410

$

357,621

$

0

$

65,019

2544

JOURNAL OF THE HOUSE

Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Election Expenses Capital Outlay

Total Funds Budgeted HAVA Funds Budgeted
State Funds Budgeted

$ 3,070,698

$ 4,464,296

$

920,498

$

171,876

$

835,455

$

364,335

$

0

$ 32,810,094

$

0

$ 31,745,744

Departmental Functional Budgets

Internal Administration Archives and Records Capitol Education Center Business Services - Corporations Business Services - Securities Elections and Campaign Disclosure Drugs and Narcotics State Ethics Commission State Examining Boards Holocaust Commission Total

Total Funds State Funds

$ 5,495,822 $ 5,465,822

$ 6,562,296 $ 6,487,296

$

411,684 $

411,684

$ 1,846,999 $ 1,107,649

$ 1,957,238 $ 1,907,238

$ 5,283,165 $ 5,263,165

$ 1,296,730 $ 1,296,730

$

759,751 $

759,751

$ 8,936,643 $ 8,786,643

$

259,766 $

259,766

$ 32,810,094 $ 31,745,744

B. Budget Unit: State Funds - Real Estate Commission
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts
Total Funds Budgeted
State Funds Budgeted

$ 2,330,272

$ 1,572,130

$

145,000

$

47,000

$

0

$

12,500

$

154,185

$

179,512

$

79,043

$

140,902

$

0

$ 2,330,272

$ 2,330,272

MONDAY, MARCH 22, 2004
Section 32. Soil and Water Conservation Commission.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Conservation Grants
Total Funds Budgeted State Funds Budgeted
Section 33. Student Finance Commission. A. Budget Unit: State Funds - Student Finance
Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Guaranteed Educational Loans Tuition Equalization Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants North Georgia College Graduates Scholarship Osteopathic Medical Loans Georgia Military Scholarship Grants LEAP Program Governor's Scholarship Program

2545

$ 3,192,797

$ 1,865,751

$

355,563

$

43,721

$

90,534

$

65,115

$

11,605

$

202,339

$

43,461

$

129,176

$ 1,663,066

$

0

$ 4,470,331

$ 3,192,797

$ 38,308,251

$

557,222

$

18,495

$

8,000

$

0

$

6,300

$

3,420

$

49,015

$

8,996

$

7,060

$

13,565

$ 3,665,449

$ 29,108,559

$

64,655

$

455,856

$

22,427

$

0

$

685,560

$ 1,487,410

$ 2,666,915

2546

JOURNAL OF THE HOUSE

Total Funds Budgeted State Funds Budgeted

$ 38,828,904 $ 38,308,251

Departmental Functional Budgets

Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education
Commission Total

Total Funds State Funds

$ 38,156,831 $ 37,636,178

$

672,073 $

672,073

$ 38,828,904 $ 38,308,251

B. Budget Unit: Lottery for Education HOPE Financial Aid - Tuition HOPE Financial Aid - Books HOPE Financial Aid - Fees Tuition Equalization Grants Hope Scholarships - Private Colleges Georgia Military College Scholarship LEPD Scholarship Teacher Scholarships Promise Scholarships Promise II Scholarships Engineer Scholarships Personal Services - HOPE Administration Operating Expenses - HOPE Administration
Total Funds Budgeted
Lottery Funds Budgeted

$ 441,305,643

$ 261,267,431

$ 55,896,225

$ 60,501,057

$

0

$ 45,086,180

$

770,477

$

255,850

$ 5,332,698

$ 5,855,278

$

559,090

$

760,000

$ 1,992,161 $ 3,029,196

$ 441,305,643

$ 441,305,643

Section 34. Teachers' Retirement System.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Employee Benefits

$ 2,489,000

$ 12,701,449

$

844,344

$

76,500

$

0

$

115,000

$ 9,185,000

$

723,975

$

270,000

$

493,000

$

0

$

0

MONDAY, MARCH 22, 2004

2547

Retirement System Members Floor Fund for Local Retirement Systems
Total Funds Budgeted
State Funds Budgeted

$ 2,390,000

$

99,000

$ 26,898,268

$ 2,489,000

Section 35. Department of Technical and Adult Education.
A. Budget Unit: State Funds - Department of Technical and Adult Education
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Capital Outlay Personal Services-Institutions Operating Expenses-Institutions Area School Program Adult Literacy Grants Regents Program Quick Start Program
Total Funds Budgeted
State Funds Budgeted

$ 300,389,271

$ 6,389,822

$

336,985

$

125,510

$

0

$

19,359

$

586,463

$

126,671

$

169,110

$

427,695

$

115,980

$

0

$ 262,834,067

$ 63,264,442

$ 6,122,305

$ 19,481,603

$ 3,481,395

$ 12,654,981

$ 376,136,388

$ 300,389,271

Departmental Functional Budgets

Administration Institutional Programs Total

Total Funds State Funds $ 8,297,595 $ 6,237,807 $ 367,838,793 $ 294,151,464 $ 376,136,388 $ 300,389,271

B. Budget Unit: Lottery for Education
Computer Laboratories and Satellite Dishes-Adult Literacy
Capital Outlay Capital Outlay - Technical Institute Satellite
Facilities

$

0

$

0

$

0

$

0

2548

JOURNAL OF THE HOUSE

Equipment-Technical Institutes Repairs and Renovations - Technical Institutes
Total Funds Budgeted
Lottery Funds Budgeted

$

0

$

0

$

0

$

0

Section 36. Department of Transportation.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Capital Outlay - Airport Aid Program Mass Transit Grants Harbor Maintenance/Intra-Coastal
Waterways Maintenance and Operations Payments to the State Road and Tollway Authority Contracts with the Georgia Rail Passenger Authority Guaranteed Revenue Debt Reserve Fund
Total Funds Budgeted
State Funds Budgeted

$ 664,624,076

$ 262,036,283

$ 79,541,041

$ 2,102,945

$ 1,927,750

$ 6,422,328

$ 8,850,593

$ 1,830,782

$ 4,924,470

$ 7,368,438

$ 46,953,939

$ 1,126,805,995

$ 3,766,087

$ 16,792,867

$

721,355

$ 38,170,605

$

200,000

$ 26,155,000

$ 1,634,570,478

$ 664,624,076

Departmental Functional Budgets

Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

Total Funds $ 1,333,878,643 $ $ 232,962,680 $ $ 14,132,944 $ $ 27,247,895 $ $ 1,608,222,162 $

State Funds 383,438,356 228,378,541 13,632,944
26,344,145 651,793,986

General Funds Budget Planning and Construction Maintenance and Betterments Administration

$

0$

0

$

0$

0

$

0$

0

MONDAY, MARCH 22, 2004

2549

Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities Total

$ 2,825,856 $ 2,168,061

$ 22,801,105 $ 9,940,674

$

721,355 $

721,355

$ 26,348,316 $ 12,830,090

Section 37. Department of Veterans Service.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Operating Expense/Payments to Medical College
of Georgia Capital Outlay WWII Veterans Memorial Regular Operating Expenses for Projects and
Insurance Total Funds Budgeted
State Funds Budgeted

$ 22,131,693

$ 5,931,769

$

357,117

$

136,200

$

0

$

100,822

$

6,999

$

221,889

$

85,516

$

24,500

$ 18,014,875

$ 7,790,296

$

0

$

0

$

194,395

$ 32,864,378 $ 22,131,693

Departmental Functional Budgets

Veterans Assistance Veterans Nursing Home-Augusta Total

Total Funds State Funds $ 25,074,082 $ 17,321,989 $ 7,790,296 $ 4,809,704 $ 32,864,378 $ 22,131,693

Section 38. Workers' Compensation Board.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$ 17,056,071

$ 9,954,026

$

470,115

$

140,600

$

0

$

44,048

2550

JOURNAL OF THE HOUSE

Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Payments to State Treasury Contracts

Total Funds Budgeted State Funds Budgeted

$ 3,261,976

$ 1,341,009

$

176,744

$

183,100

$ 1,832,453

$

16,000

$ 17,420,071

$ 17,056,071

Section 39. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (Issued) Motor Fuel Tax Funds (Issued) Other Funds
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) Motor Fuel Tax Funds (New)

$ 259,643,319 $ 66,000,000 $ 309,382,070 $ 635,025,389

$ 51,029,725

$

0

$ 51,029,725

Section 40. Provisions Relative to Section 3, Judicial Branch.
The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of

MONDAY, MARCH 22, 2004

2551

operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 41. Provisions Relative to Section 4, Department of Administrative Services.
It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.
Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 2003 of all vehicles purchased or newly leased during Fiscal Year 2003.
Notwithstanding any provision of the law to the contrary, in managing any of the self-insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.
Section 42. Provisions Relative to Section 7, Department of Community Affairs.
Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:
If a local assistance grant below incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose.
If a local assistance grant below states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character.
Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity.

2552

JOURNAL OF THE HOUSE

If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.

Recipient

Description

City of

Funding for operating expenses for Silver Haired

Milledgeville Legislature

City of Columbus Funding for the Civil War Naval Museum in the City of

Columbus

Amount $ 15,000 $ 97,500

Section 43. Provisions Relative to Section 8, Department of Community Health.
There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the provider fees paid to the Indigent Care Trust Fund created pursuant to Article 6A of Chapter 8 of Title 31. The sum of money is appropriated for payments to nursing homes pursuant to Article 6A.

It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 2004 shall not exceed 13.1%.

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 2004 shall not exceed 13.1%.

Section 44. Provisions Relative to Section 11, State Board of Education Department of Education.
The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,342.72. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Section 45. Provisions Relative to Section 15, Office of the Governor.
There is hereby appropriated to the Office of the Governor the sum of $350,000 of the moneys collected in accordance with O.C.G.A. Title 10, Chapter 1, Article 28. The sum of money is appropriated for use by the Office of Consumer Affairs for all the purposes for which such moneys may be appropriated pursuant to Article 28.

It is the intent of the General Assembly that of funds appropriated for the Governor=s Emergency Fund, $1,500,000 is intended for relief in declared disasters.

Section 46.

Provisions Relative to Section 16, Department of Human Resources.

MONDAY, MARCH 22, 2004

2553

The Department of Human Resources is authorized to calculate all Temporary Assistance for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need $ 235
356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568

Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.

Provided, that of the above appropriations relative to the treatment of Hemophilia and it=s complications, these funds may be used to provide treatment and care to the bleeding disorders community or to purchase insurance to provide this treatment and care, whichever is less.

Section 47. Provisions Relative to Section 20,
Department of Labor. Provided, from funds known as Reed Act funds credited to and held in this state=s account in the Unemployment Trust Fund by the United States Secretary of the Treasury pursuant to the AJob Creation and Worker Assistance Act of 2002" (P.L. 107-147) and Section 903 (d) of the Social Security Act, as amended, $49,339,507 is designated for
administration of the unemployment compensation law and public employment offices,

2554

JOURNAL OF THE HOUSE

including workforce information service delivery, technology, resources, and equipment to support employment, workforce staff training, studies and reports, buildings, fixtures, furnishings, and supplies. The amount hereby appropriated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, and shall be obligated and expended in accordance with Section 903 (d) (4) of the Social Security Act.
Provided further, that no funds shall be expended until approved by the Office of Planning and Budget.
Section 48. Provisions Relative to Section 22, Merit System of Personnel Administration.
The Department is authorized to assess no more than $147.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year.
Section 49. Provisions Relative to Section 24, Department of Natural Resources.
Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Provided, that of the amount above for contracts, no more than $55,000 may be used for a common program of subsidizing mass transit fares to and from work for employees of state agencies and authorities, as authorized in O.C.G.A. 45-7-55, and if not for such purposes, then for other purposes within the object class. The subsidy may be limited to employees who live or work in the AAtlanta Ozone Nonattainment Area@ and may not exceed $15 per month per employee. The Department of Transportation and any other budget unit eligible for such a grant may apply to this purpose available federal matching funds. For purposes of this appropriation AAtlanta Ozone Nonattainment Area@ means the geographic area of the state comprised of Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale Counties.
Section 50. Provisions Relative to Section 30, Department of Revenue.
For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $10,000 for the taxable year beginning January 1, 2003.

MONDAY, MARCH 22, 2004

2555

Section 51. Provisions Relative to Section 31, Secretary of State.
There is included in the Real Estate Rentals object class for the Secretary of State funding for a rental agreement with the Development Authority of Clayton County for the Department of Archives and History.
Section 52. Provisions Relative to Section 34, Teachers= Retirement System.
It is the intent of the General Assembly that the employer contribution rate for the Teachers= Retirement System shall not exceed 9.24% for S.F.Y. 2004.
Section 53. Provisions Relative to Section 36, Department of Transportation.
For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 36 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.

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f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(1), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Provided, that funding available to the Department of Transportation may be used for right-of-way acquisition for a multi-lane road to connect Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3.
Provided further, that from the amount equal to all money derived from motor fuel taxes for the proceeding fiscal year, there is appropriated the sum $26,155,000 for payment into the AState of Georgia Guaranteed Revenue Debt Common Reserve Fund@. The purpose of this appropriation is to authorize the guarantee by the State of an issue of revenue obligations of the State Road and Tollway Authority for the construction and improvements to roads and bridges including related planning, engineering and land acquisition expenses. The maximum principal amount of the specific issue shall not exceed $331,000,000; the amount of the highest debt service shall not exceed the amount of this appropriation; and the maximum maturities of the issue shall not exceed two hundred forty months. The General Assembly has determined that the obligations of the issue will be self-liquidating over the life of the issue.
Section 54. In addition to all other appropriations for the State fiscal year ending June 30,
2004, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $8,578,874 for the purpose of providing operating funds for the State physical health laboratories ($120,000) and for State mental health/mental retardation institutions ($8,458,874) in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby

MONDAY, MARCH 22, 2004

2557

authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 55. To the extent to which Federal funds become available in amounts in excess of
those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 56. Each agency for which an appropriation is authorized herein shall maintain
financial records in such a fashion as to enable the State Auditor to readily determine expenditures by object class, which is the legal level of budgetary control contemplated in this Appropriations Act.
Section 57. In addition to all other appropriations, there is hereby appropriated as needed, a
specific sum of money equal to each refund authorized by law, which is required to make

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refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 58. No State appropriations authorized under this Act shall be used to continue
programs currently funded entirely with Federal funds.
Section 59. In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the
Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 60. (a.) All expenditures and appropriations made and authorized under this Act shall
be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 2003 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle

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2559

Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 61. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined
Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 62. There is hereby appropriated a specific sum of Federal grant funds, said specific
sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 63. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2004

$ 16,079,533,973

Section 64. This Act shall become effective upon its approval by the Governor or upon its
becoming law without his approval.

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Section 65. All laws and parts of laws in conflict with this Act are repealed.@
Section 2. This Act shall become effective upon its approval by the Governor or upon its
becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Buck of the 112th moved that the House adopt the report of the Committee of Conference on HB 1180.

On the motion, the roll call was ordered and the vote was as follows:

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

Day Dean Y Deloach Y Dix Y Dodson Dollar Y Dooley Douglas Y Drenner Y Dukes Y Ehrhart N 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 Y Harbin N Harper Y Harrell E Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson N Hill, C

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

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

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

MONDAY, MARCH 22, 2004 On the motion, the ayes were 159, nays 8. The motion prevailed.

2561

Representatives Anderson of the 100th, Dollar of the 31st and Douglas of the 73rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

I voted no on the midyear budget in protest against using bond money for pork projects. Bond money that was meant to be used for the West Georgia Reservoir.
Rep. Mark Butler
Rep. Chuck Harper

Prayer was offered by the Reverend Hugh McKinney, House Doorkeeper, Fayetteville, Georgia.

The members pledged allegiance to the flag.

The Speaker Pro Tem assumed the Chair.

The following Resolution of the House was read:

HR 1729. By Representative Skipper of the 116th

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, unless otherwise provided by subsequent resolution of the General Assembly, the meeting dates and dates of adjournment for the 2004 regular session of the General Assembly for the period of March 22, 2004, through March 24, 2004, shall be as follows:

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Monday, March 22 .................................................. in session for legislative day 35 Tuesday, March 23 ............................................................................ in adjournment Wednesday, March 24 ............................................. in session for legislative day 36
BE IT FURTHER RESOLVED that on and after March 24, 2004, the periods of adjournment of the 2004 session, if any, shall be as specified by subsequent resolution of the General Assembly except that for the remainder of the 2004 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.

On the adoption of the Resolution, 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
Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce
Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers

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

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

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

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

Y Coan E Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, MARCH 22, 2004

N Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

On the adoption of the Resolution, the ayes were 155, nays 4. The Resolution was adopted.

2563
Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 386. By Senators Thomas of the 10th, Butler of the 55th and Stokes of the 43rd:
A BILL to be entitled an Act to provide that the tax commissioner of DeKalb County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of DeKalb County to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for this Act; to repeal conflicting laws; and for other purposes.
The Senate has disagreed to the House amendment to the Senate substitute to the following bill of the House:
HB 709. By Representatives Ashe of the 42nd, Post 2, Holmes of the 48th, Post 1, McClinton of the 59th, Post 1 and Smyre of the 111th:
A BILL to amend Code Section 48-8-6 of the Official Code of Georgia Annotated, relating to limitations and restrictions on certain local taxes, so as to provide that certain taxes shall be excluded in computing the limitation on the total amount of local sales and use taxes which may be levied; to provide certain exemptions from certain local sales and use taxes; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:

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HR 1729. By Representative Skipper of the 116th:
A RESOLUTION relative to adjournment; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following bill of the House:
HB 1180. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2003-2004; and for other purposes.

Representative Oliver of the 56th District, Post 2, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 555 Do Pass, by Substitute

Respectfully submitted, /s/ Oliver of the 56th, Post 2
Chairman

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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 51 Do Pass SB 151 Do Pass SB 439 Do Pass

MONDAY, MARCH 22, 2004

2565

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

Representative Smith of the 13th District, Post 2, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

Your Committee on Transportation has had under consideration the following Bills and Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 425 SB 525 SR 184 SR 781

Do Pass, by Substitute Do Pass Do Pass Do Pass

SR 787 Do Pass SR 797 Do Pass SR 829 Do Pass

Respectfully submitted, /s/ Smith of the 13th, Post 2
Chairman

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Wednesday, March 24, 2004.

2566

JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia
Wednesday, March 24, 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 Anderson Ashe Barnard Barnes Benfield Birdsong Black Borders Bridges Brock Brooks Brown E Bruce Buck Buckner, D Bunn Burmeister Butler Campbell Casas Chambers

Channell Childers E Coan Coleman, B Cooper Crawford Cummings Day Deloach Dodson Douglas Drenner Fleming Floyd, J Fludd Forster Franklin Graves, D Graves, T Heard, J Heard, K Heath

Heckstall Hembree Hill, C Hill, V Hines Houston Howard Howell Jackson James Jenkins, C.F Jordan Keen Lane Lewis Lord Mangham Manning Marin Maxwell McBee McCall

Millar Mills Mitchell Morris Mosley Murphy, J Noel Oliver, B Oliver, M O'Neal Parrish Porter Powell Ralston Randall Reece, B Reece, S Rice Richardson Roberts, J Rogers, C Rynders

Scott Sheldon Sholar Skipper Smith, L Smith, P Smith, T Smith, V Stephens, R Stokes E Stoner Teilhet Teper Walker, L White Wilkinson Williams, A Williams, E Williams, R E Wix E Yates Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Bannister of the 70th, Post 1; Beasley-Teague of the 48th, Post 2; Boggs of the 145th; Broome of the 141st, Post 2; Buckner of the 82nd; Burkhalter of the 36th; Dollar of the 31st; Dooley of the 33rd, Post 3; Ehrhart of the 28th; Epps of the 90th; Floyd of the 69th, Post 2; Gardner of the 42nd, Post 3; Golick of the 34th, Post 3; Greene of the 134th; Greene-Johnson of the 60th, Post 3; Harbin of the 80th; Harrell of the 54th; Hudson of the 95th; Hugley of the 113th; Jamieson of the 22nd; Jones of the 38th; Joyce of the 2nd; Knox of the 14th, Post 1; Lucas of the 105th; Lunsford of the 85th, Post 2; Maddox of the 59th, Post 2; Martin of the 37th; Massey of the 24th; McClinton of the 59th, Post 1; Mobley of the 58th; Mosby of the 59th, Post 3; Murphy of the 97th; Orrock of the 51st; Parsons of the 29th; Purcell of the 122nd; Ray of the 108th; Roberts of the 135th; Rogers of the 15th; Royal of the 140th; Shaw of the 143rd; Sims of the 130th; Sinkfield of the 50th; Smyre of the 111th; Stanley-Turner of the 43rd, Post 2; Thomas of

WEDNESDAY, MARCH 24, 2004

2567

the 43rd, Post 1; Thompson of the 69th, Post 1; Walker of the 71st, Post 1; Warren of the 99th; and Watson of the 60th, Post 2.
They wish to be recorded as present.

Prayer was offered by the Reverend Anthony M. Alford, Sr., Pastor, Butler Street Christian Methodist Episcopal Church, Atlanta, 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.

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

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HB 1832. By Representatives Dooley of the 33rd, Post 3, Manning of the 32nd, Teilhet of the 34th, Post 2, Hines of the 35th, Parsons of the 29th and others:
A BILL to provide a homestead exemption from City of Marietta ad valorem taxes for municipal purposes in the amount of $22,000.00 of the assessed value of the homestead for certain residents of that city who are disabled; and for other purposes.

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

HB 1833. By Representative Jenkins of the 93rd:
A BILL to amend an Act creating the Lamar County Livestock and Agricultural exposition Authority, so as to change the provisions relating to the membership of the authority; and for other purposes.

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

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

HB 1814 HB 1815 HB 1816 HB 1817 HB 1818 HB 1819 HB 1820 HB 1821 HB 1822 HB 1823

HB 1824 HB 1825 HB 1826 HB 1827 HB 1828 HB 1829 HB 1830 HB 1831 HR 1686

Representative Parrish of the 102nd District, Chairman of the Committee on Economic Development and Tourism, submitted the following report:
Mr. Speaker:

WEDNESDAY, MARCH 24, 2004

2569

Your Committee on Economic Development and Tourism has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 1684 Do Pass SB 511 Do Pass, by Substitute

Respectfully submitted, /s/ Parrish of the 102nd
Chairman

Representative Holmes of the 48th District, Post 1, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 456 Do Pass, by Substitute

Respectfully submitted, /s/ Holmes of the 48th, Post 1
Chairman

Representative Parham of the 94th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 1679 Do Pass, by Substitute SB 13 Do Pass, by Substitute

SB 357 Do Pass, by Substitute SB 407 Do Pass, by Substitute

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JOURNAL OF THE HOUSE
Respectfully submitted, /s/ Parham of the 94th
Chairman

Representative Epps of the 90th District, Chairman of the Committee on Regulated Industries, submitted the following report:
Mr. Speaker:
Your Committee on Regulated Industries has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 492 Do Pass

Respectfully submitted, /s/ Epps of the 90th
Chairman

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

Mr. Speaker:

Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HR 1574 Do Pass HR 1644 Do Pass

HR 1680 Do Pass HR 1681 Do Pass

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

Representative Greene of the 134th District, Chairman of the Committee on State Institutions and Property, submitted the following report:

WEDNESDAY, MARCH 24, 2004

2571

Mr. Speaker:
Your Committee on State Institutions and Property has had under consideration the following Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:
SR 589 Do Pass SR 704 Do Pass, by Substitute

Respectfully submitted, /s/ Greene of the 134th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 1756 Do Pass HB 1778 Do Pass, by Substitute HB 1795 Do Pass HB 1802 Do Pass

HB 1810 Do Pass HB 1811 Do Pass SB 498 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

Representative Royal of the 140th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

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JOURNAL OF THE HOUSE

SB 444 Do Pass SB 486 Do Pass, by Substitute SB 491 Do Pass

Respectfully submitted, /s/ Royal of the 140th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, MARCH 24, 2004

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 36th Legislative Day as enumerated below:

SB 281 SB 405 SB 418 SB 427

Children; prohibit the sale or offer for sale of a child by parent or guardian Financial Institutions; procedures/regulation Crime; female genital mutilation; punishment; exceptions Criminal Justice Coordinating Council; membership; law enforcement; insurance

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

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

SB 498. By Senators Reed of the 35th, Tanksley of the 32nd, Zamarripa of the 36th, Price of the 56th, Thomas of the 10th and others:

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A BILL to be entitled an Act to amend an Act providing a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, so as to change the provisions relating to the jurisdiction of the municipal court; to delete references in the charter to the City Court of Atlanta; to change the provisions relating to the victims and witnesses assistance program and the operation thereof; to provide for appointments by the mayor as a result of court consolidation and the procedures related thereto; to repeal an Act amending the Act providing a new charter for the City of Atlanta by providing for additional penalties for victims and witnesses assistance programs, approved June 4, 2003 (Ga. L. 2003, p. 4721); to provide an effective date; to provide for repeal of this Act under certain conditions; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

Representative Teper of the 42nd, Post 1 would like to be recorded as voting "nay" on SB 498.

HB 1756. By Representatives Murphy of the 14th, Post 2, Knox of the 14th, Post 1, Rogers of the 15th, Lewis of the 12th and Franklin of the 17th:
A BILL to amend an Act entitled "An Act to provide a new charter for the City of Ball Ground," so as to change the corporate limits of the city by annexing certain property; 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 98, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1778. By Representative Stephens of the 123rd:

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A BILL to provide a new charter for the City of Pooler; to provide for incorporation, boundaries, and powers of the city; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To provide a new charter for the City of Pooler; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a city manager, mayor, and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the courts jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances, rules, and pending matters; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal specific Acts; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Incorporation.
The City of Pooler in Chatham County is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the "City of Pooler." References in the charter to "the city" or "this city" refer to the City of Pooler. The city shall have perpetual existence.

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SECTION 1.11. Corporate boundaries.
(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time by local law or in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map or Description of the Corporate Limits of the City of Pooler, Georgia". Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1.12. Municipal powers.
(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of selfgovernment not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (3) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law;

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(4) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect the natural resources, environment, and vital areas of the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; or to comply with mandates enacted by the State of Georgia or any other governmental agency or authority; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any

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jail; or to provide for the commitment of such persons to any county work camp or county jail; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public;

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(26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; to provide for other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial or necessary; (29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city, and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, construction, equipping, operating, maintaining, and extending of a sewage

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disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate holding of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, massage parlors, and entertainment displaying nudity; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs or similar conveyances. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

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ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
SECTION 2.10. City council creation; composition; number; election.
(a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers. (b) The mayor and councilmembers shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of this city for 12 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No persons name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that he or she desires his or her name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2.11. Elections.
(a) At any election, all persons qualified under the Constitution and laws of the State of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the "Georgia Election Code." (c) There shall be a municipal general election biennially in the odd-numbered years on the Tuesday next following the first Monday in November. (d) The mayor and councilmembers in office on the effective date of this Act and any person selected to fill a vacancy in such office shall serve until the regular expiration of the term of office to which they were elected, which shall expire December 31, 2005, and until their successors are elected and qualified. Successors to such mayor and councilmembers shall be elected at the municipal general election on the Tuesday next following the first Monday in November, 2005. All future successors to such mayor and councilmembers whose terms of office are to expire shall be elected at the time of the municipal general election immediately preceding the expiration of such terms and shall serve for terms of office of two years each and until the respective successors are elected and qualified.

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(e) For the purpose of electing members of the council, the City of Pooler shall consist of one election district with six at-large seats.
SECTION 2.12. Vacancies in office.
(a) The office of mayor or councilmember shall become vacant upon the incumbents death, incapacity, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) Upon the suspension from office of the mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (c) of this section. (c) In the event that the office of councilmember shall become vacant for any cause whatsoever, said vacancy in office shall be filled for the unexpired term by appointment by the remaining councilmembers and the mayor. Should the office of the mayor become vacant, the mayor pro tempore and council shall appoint from among its members a mayor. If the mayor pro tempore is chosen, the council will appoint another councilmember to hold the office of mayor pro tempore. The resulting vacancy on the council will be filled as provided for in this subsection.
SECTION 2.13. Nonpartisan elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels.
SECTION 2.14. Election by plurality.
The candidates receiving a plurality of the votes cast for any city office shall be elected.
SECTION 2.15. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A.
SECTION 2.16. Prohibitions.

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(a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, object or promise from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private financial interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such agency or entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council.

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(e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which he or she was elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act.
SECTION 2.17. Removal of officers.
(a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Upon indictment or presentation of charges for any felony, regardless of whether such charge relates to the performance of the activities of office; (3) Upon conviction for any misdemeanor involving moral turpitude; (4) Failure at any time to possess any qualifications of office as provided by this charter; (5) Abandonment of office or neglect to perform the duties thereof. This shall include, but is not limited to, wilful failure to attend more than three city council meetings in succession without prior written notice of the absence that shall also include grounds for absence. This does not apply to absences approved by council or excused by operation of law; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by a vote of four councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right to call and cross-examine witnesses and to put up a defense at this investigative hearing. Additionally, any elected officer sought to be removed from office as provided in this section shall have the right to appeal from the decision of the city council to the Superior Court of Chatham County. Such appeal shall be governed by the same rules that govern appeals to the superior court from the probate court.
ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY,
AND ORDINANCES SECTION 3.10.
General power and authority.
Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter.

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SECTION 3.11. Organization.
(a) The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk. The oath of office shall be administered to the newly elected members as follows:
"I do solemnly swear (or affirm) that I will support the Constitution of the United States and the laws of the State of Georgia; I am qualified to hold the office of (mayor)(councilmember) for the City of Pooler according to the Constitution and laws of the State of Georgia; I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am prohibited from holding by the laws of the State of Georgia; I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof; and That I will well and truly perform the duties of (mayor)(councilmember) of the City of Pooler to the best of my skill and ability, without favor or affection, so help me God." (b) The city council shall elect a mayor pro tempore. In the event this councilmember refuses to serve or resigns as mayor pro tempore or councilmember, the council shall elect by majority vote another councilmember as mayor pro tempore. During any disability or absence of the mayor, the mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall elect by majority vote a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council, in accordance with subsection (c) of Section 2.12 of this charter.
SECTION 3.12. Inquiries and investigations.
The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of those powers by the council shall be punished as provided by ordinance.
SECTION 3.13. Meetings.
(a) The city council shall hold regular meetings at such times and places as prescribed by ordinance.

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(b) Special meetings of the city council may be held on call of the mayor or four councilmembers. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmembers presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be given as required by law.
SECTION 3.14. Procedures.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 3.15. Voting.
(a) Except as otherwise provided in subsection (b) of this section, four councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of four councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
SECTION 3.16. Ordinances.
(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title.

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The enacting clause shall be "The City Council of the City of Pooler hereby ordains..." and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.18 of this charter. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION 3.17. Effect of ordinances.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 3.18. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or four councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least four councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Emergency meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.

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SECTION 3.19. Codes.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be prescribed for ordinances generally except that:
(1) The requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
SECTION 3.20. Codification of ordinances.
(a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "Code of Ordinances, City of Pooler, Georgia". Copies of the code shall be furnished to all officers, departments, and agencies of the city. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 3.21. City manager; appointment; qualifications, compensation.
The city council shall appoint a city manager for an indefinite term and shall fix his or her compensation. The city manager shall be appointed solely on the basis of his or her

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executive and administrative qualifications. Before assuming office, the city manager shall take an oath, given by the mayor, as provided in Section 3.11 of this charter.
SECTION 3.22. Removal of city manager.
(a) The city council may remove the city manager from office in accordance with the following procedures:
(1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, he or she may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and (3) If the city manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the city manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of removal. (c) If the city manager is removed for cause, the city council may suspend the manager without pay notwithstanding the provisions of subsection (b) of this section. "Cause" shall be defined as those reasons or occurrences enumerated in subsection (a) of Section 2.17 of this charter.
SECTION 3.23. Acting city manager.
By letter filed with the city clerk, the city manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during his or her temporary absence or disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or his or her disability shall cease.
SECTION 3.24. Powers and duties of the city manager.

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The city manager shall be the chief administrative officer of the city. He or she shall be responsible to the city council for the administration of all city affairs placed in his or her charge by or under this charter. He or she shall have the following powers and duties:
(1) He or she shall appoint and, when he or she deems it necessary for the good of the city, suspend or remove all city employees and administrative officers he or she appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. He or she may authorize any administrative officer who is subject to his or her direction and supervision to exercise those powers with respect to subordinates in that officers department, office, or agency; (2) He or she shall direct and supervise the administration of all department, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) He or she shall attend all city council meetings and shall have the right to take part in discussion, but he or she may not vote; (4) He or she shall see that all laws, provisions of this charter, and acts of the city council, subject to enforcement by him or her or by officers subject to his or her direction and supervision, are faithfully executed; (5) He or she shall prepare and submit the annual operating budget and capital budget to the city council; (6) He or she shall submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of the fiscal year; (7) He or she shall perform other such duties as are specified in this charter or as may be required by the city council; (8) He or she shall act as negotiator for the city and on behalf of the city council, subject to the approval of the mayor and city council; (9) He or she shall follow standard management practices and procedures in regards to city employees and their performance; and (10) He or she shall make payment of approved budgeted purchases and bills incurred by the city up to $1,500.00 and shall recommend to the city council for approval and payment for all purchases and bills in excess of $1,500.00. Any unbudgeted purchases shall also be recommended to the council for approval and payments.
SECTION 3.25. Chief executive officer; delegation of powers.
The mayor shall be the popularly elected chief executive officer of this city. The mayor shall possess all of the executive power granted to the city under the Constitution and laws of the State of Georgia and all the executive powers contained in this charter.
SECTION 3.26. Powers and duties of mayor.

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As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor deem expedient; (3) Call special meetings of the city council as provided for in subsection (b) of Section 3.13 of this charter; (4) See that all funds of the city are properly accounted for and that all revenues are property and promptly collected; (5) Provide for an annual audit of all accounts of the city; (6) Hold and attend meetings, participate in negotiations on behalf of the city and city council with the advice and consent of the city council; (7) Preside at meetings of the city council and conduct other such meetings as may be necessary; (8) See that all meetings are conducted in a parliamentary manner and preserve order and decorum in such meetings; (9) Appoint and be an ex officio member of all standing committees and special committees of the city council; (10) See that all books and records of the city are properly and carefully kept and inspected; (11) Bind the city by signing any contract, obligation, or other matter entered into and authorized by ordinance or resolution of the city council properly passed in accordance with the provisions of this charter; (12) Perform such other duties as may be required by law, this charter or ordinance; and (13) Vote on matters before the city council in cases where the vote of the city council is evenly divided; in such cases, the mayor shall be counted toward a quorum as any councilmember.
ARTICLE IV ADMINISTRATIVE AFFAIRS
SECTION 4.10. Department heads.
(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance.

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(d) All directors under the supervision of the city manager shall be nominated by the mayor with confirmation of appointment by the city council. The city manager may suspend or remove directors under his or her supervision. The director involved may appeal to the city council which, after a hearing, may override the city managers action by a vote of four councilmembers.
SECTION 4.11. Boards.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the city an oath obligating himself or herself to perform faithfully and impartially the duties of his or her office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of four members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.
SECTION 4.12. City attorney.

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The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least five years. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the citys affairs, and shall perform such duties as may be required of him or her by virtue of his or her position as city attorney. The city council shall provide for the compensation of the city attorney.
SECTION 4.13. City clerk.
The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The city council shall provide for the compensation of the city clerk. Before assuming office, the city clerk shall take an oath, given by the mayor, as provided in Section 3.11 of this charter.
SECTION 4.14. City finance officer.
The city council shall appoint a city finance officer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The finance officer shall also be responsible for the general duties of a treasurer and fiscal officer. The city council shall provide for the compensation of the city finance officer.
SECTION 4.15. Rules and regulations.
The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.

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SECTION 4.16. Mayor and council interference with administration.
Except for the purpose of inquiries with administration under Section 3.12 of this charter, the mayor, city council, or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the mayor nor councilmembers shall give orders to any such officer or employee, either publicly or privately.
ARTICLE V JUDICIAL BRANCH
SECTION 5.10. Municipal court.
There shall be a court to be known as the Municipal Court of the City of Pooler.
SECTION 5.11. Judges.
(a) The municipal court shall be presided over by a chief judge and such part-time, fulltime, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the mayor with the approval of a majority of the city council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of four members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, as provided in Section 3.11 of this charter. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter.
SECTION 5.12. Convening of court.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 5.13. Powers.
(a) The municipal court shall try and punish violators of this charter, all city ordinances, and such other violations as provided by law.

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(b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00, ten days in jail, or both. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for not more than six months, or both such fine and imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
SECTION 5.14. Certiorari and appeal.
(a) The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Chatham County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

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(b) The orders, verdicts, judgments, and sentences of the municipal court shall be subject to appellate review in accordance with state law.
SECTION 5.15. Rules.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE VI FINANCE
SECTION 6.10. Property tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
SECTION 6.11. Millage.
The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation taxes and business license fees.
The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which

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may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Licenses.
The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
SECTION 6.14. Franchises.
(a) The city council shall have the power to grant franchises for the use of this citys streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchises shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept for that purpose. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of the citys streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15. Service fees.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of

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providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Special assessments.
The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.17. Other taxes.
This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes.
The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions.
SECTION 6.19. Borrowing.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue bonds.

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Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Short term loans and lease-purchase contracts.
(a) The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. (b) The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.
SECTION 6.22. Fiscal year.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.
SECTION 6.23. Budget ordinance.
The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. The city council shall comply with the provisions of Chapter 81 of Title 36 of the O.C.G.A.
SECTION 6.24. Operating budget.
On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he or she may deem pertinent. The operating budget, the capital

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improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.25. Adoption.
(a) The city council may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) After the conducting of a budget hearing, the city council shall adopt the final operating budget for the ensuing fiscal year not later than December 31 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable.
SECTION 6.26. Levy of taxes.
Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city.
SECTION 6.27. Changes in budget.
The city council by majority vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes.

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SECTION 6.28. Capital improvements.
(a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his or her recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.18 of this charter. (b) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December 31 of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his or her recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council.
SECTION 6.29. Audits.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
SECTION 6.30. Procurement and property management.
No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by him or her to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter.
SECTION 6.31. Purchasing.

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The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.32. Sale of property.
(a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place and such other consideration as may be required by law when such exchange is deemed to be in the best interest of this city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION 7.11. Rules and regulations.
All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.
SECTION 7.12. Charter language on other general matters.

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Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
SECTION 7.13. Definitions and construction.
(a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.14. Eminent domain.
The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
SECTION 7.15. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7.16. Specific repealer.
An Act incorporating the City of Pooler in the County of Chatham, approved March 31, 1976 (Ga. L. 1976, p. 3419), is repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety.
SECTION 7.17. General repealer.
All laws and parts of laws in conflict with this Act are repealed.

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2603

The 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 ayes were 98, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1795. By Representatives Butler of the 88th, Post 1, Harper of the 88th, Post 2, Smith of the 87th and Maxwell of the 27th:
A BILL to amend an Act relating to the Board of Education and school superintendent of the Carroll County School District, so as to reconstitute the board of education; to change the descriptions of the education districts; 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 98, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1802. By Representative Shaw of the 143rd:
A BILL to provide for the unification of the existing governments of the City of Lakeland and Lanier County; to provide for the creation of the unified government of Lakeland-Lanier County, Georgia; to provide for the status, boundaries, and powers of the unified government; to provide for the form, administration, and affairs of the unified government; 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 98, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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HB 1810. By Representatives Rogers of the 15th, Franklin of the 17th, Knox of the 14th, Post 1 and Hill of the 16th:
A BILL to authorize the City of Holly 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 98, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1811. By Representatives Morris of the 120th, Parrish of the 102nd, DeLoach of the 127th, Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A BILL to create the Candler County Public Building Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; 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 98, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:

WEDNESDAY, MARCH 24, 2004

2605

HB 239. By Representatives Lunsford of the 85th, Post 2, Westmoreland of the 86th, Campbell of the 39th, Keen of the 146th and Maddox of the 59th, Post 2:
A BILL to amend Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to inmate records and earned time allowances in county correctional facilities, so as to change provisions relating to earned time allowances; to increase the maximum amount of earned time which may be awarded when an inmate does work on an authorized work detail; and for other purposes.
HB 1192. By Representatives Boggs of the 145th and Snow of the 1st:
A BILL to amend Article 5 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation nomenclature, so as to change and add definitions; to change provisions relating to permission required for use of the Georgia Bureau of Investigation's nomenclature; and for other purposes.
HB 1253. By Representatives Lunsford of the 85th, Post 2, Yates of the 85th, Post 1, Smyre of the 111th, Westmoreland of the 86th, Mosby of the 59th, Post 3 and others:
A BILL to amend Code Section 40-2-68 of the Official Code of Georgia Annotated, relating to special license plates for Medal of Honor winners, so as to provide that the surviving spouse of a person who has been issued Medal of Honor special license plates may retain and continue to display the plates; and for other purposes.
HB 1263. By Representatives Golick of the 34th, Post 3 and Mitchell of the 61st, Post 3:
A BILL to amend Code Section 33-24-46 of the Official Code of Georgia Annotated, relating to cancellation or nonrenewal of certain property insurance policies, so as to define the term "claim against a policy"; and for other purposes.
HB 1347. By Representatives Manning of the 32nd, Sinkfield of the 50th, Gardner of the 42nd, Post 3, Buckner of the 82nd, Henson of the 55th and others:
A BILL to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide that a child welfare agency shall obtain for every applicant for employment a preliminary criminal records check from the Georgia Crime Information Center through a local law enforcement authority; to define

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certain terms; to provide that an individual with a criminal record which includes certain crimes shall be prohibited permanently from employment in, service on behalf of, or residence in a child welfare agency or for a minimum of ten years from the date of final disposition of the crime, depending on the type of crime involved; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 1441. By Representatives Jones of the 38th, Hill of the 81st, Campbell of the 39th, Dix of the 70th, Post 2 and Burkhalter of the 36th:
A BILL to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to create a new offense relative to trafficking in 3, 4methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine, commonly known as ecstacy; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 183. By Representative Borders of the 142nd:
A BILL to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to expand the exception to the misdemeanor of tattooing near the eye when performed by an osteopath or a technician under the supervision of a licensed physician or osteopath; and for other purposes.
HB 242. By Representatives McCall of the 78th, Day of the 126th, Skipper of the 116th and Westmoreland of the 86th:
A BILL to amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, relating to environmental policy, so as to require the publication of detailed statements of rationale for certain new or amended environmental regulations or other related actions of state government; to provide for the effect of noncompliance with such publication requirement; and for other purposes.
HB 267. By Representatives Cummings of the 19th, Black of the 144th, Williams of the 61st, Post 2 and McBee of the 74th:

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2607

A BILL to amend Code Section 47-3-41 of the Official Code of Georgia Annotated, relating to the annuity savings fund of the Teachers Retirement System of Georgia, so as to provide that the board of trustees of such retirement system shall be authorized, under certain conditions, to establish an employee's contribution rate at not less than 3 percent nor more than 6 percent of the member's compensation; and for other purposes.
HB 366. By Representatives Coleman of the 65th, McBee of the 74th, Cummings of the 19th, Jamieson of the 22nd, Mills of the 67th, Post 2 and others:
A BILL to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Teachers Retirement System of Georgia, so as to provide that a teacher who retired on a service retirement may be employed as a classroom teacher, principal, superintendent, counselor, or librarian without having his or her benefits affected; and for other purposes.
HB 547. By Representatives Harbin of the 80th and Keen of the 146th:
A BILL to amend Code Section 33-9-39 of the Official Code of Georgia Annotated, relating to surcharges for certain public safety employees involved in automobile accidents, so as to remove certain limitations and conditions concerning the prohibition on insurance premium surcharges for certain public safety employees who are involved in automobile accidents; and for other purposes.
HB 727. By Representatives Day of the 126th, Rogers of the 20th and Hanner of the 133rd:
A BILL to amend Chapter 9 of Title 52 of the Official Code of Georgia Annotated, relating to river and harbor development, so as to change certain provisions regarding disposal of sand and sediment; and for other purposes.
HB 739. By Representatives Cummings of the 19th, McBee of the 74th and Jenkins of the 93rd:
A BILL to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and refund of dues under the Judges of the Probate Courts Retirement Fund, so as to provide that a member who is unmarried at the time of retirement may elect a retirement option of an actuarially reduced amount with payment made to a designated surviving beneficiary; to provide that a member who is married at the time of

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retirement may make such an election with the consent of his or her spouse; and for other purposes.
HB 878. By Representative Crawford of the 91st:
A BILL to amend Code Section 47-2-262 of the Official Code of Georgia Annotated, relating to membership of assistant district attorneys and employees of the Prosecuting Attorneys' Council of the State of Georgia in the Employees' Retirement System of Georgia, notice of election, and contributions, so as to provide for members who were required to become members of the Employees' Retirement System of Georgia as a matter of law but who failed to do so because of an administrative error; and for other purposes.
HB 1026. By Representatives Buckner of the 82nd, McBee of the 74th, Crawford of the 91st, Dodson of the 84th, Post 1, Heckstall of the 48th, Post 3 and others:
A BILL to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that the Secretary of State may initiate action to prevent the sale, transfer, or destruction of certain property removed from a public office or public officer or employee; to provide for definitions; to provide for certain records of public agencies or officers to be placed with the Division of Archives and History; and for other purposes.
HB 1087. By Representatives Roberts of the 131st, Black of the 144th, McCall of the 78th, Powell of the 23rd and Keen of the 146th:
A BILL to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to change certain provisions relating to fees for operation of vehicles; to change certain provisions relating to restricted license plates for vehicles; and for other purposes.
HB 1137. By Representatives Lunsford of the 85th, Post 2, Cummings of the 19th, Brooks of the 47th, Mills of the 67th, Post 2, Burmeister of the 96th and others:
A BILL to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities and commissions with regard to the Employees' Retirement System of Georgia, so as to change the designation of the Georgia Indigent Defense

WEDNESDAY, MARCH 24, 2004

2609

Council to Georgia Public Defender Standards Council; and for other purposes.
HB 1176. By Representatives Martin of the 37th, Jones of the 38th, Powell of the 23rd, Chambers of the 53rd and Millar of the 52nd:
A BILL to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to parking for persons with disabilities, so as to provide for parking permits for blind persons; and for other purposes.
HB 1186. By Representatives Crawford of the 91st and Ray of the 108th:
A BILL to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to farmers' markets, so as to define a term relative to farmers' markets; to change certain provisions relating to a license required to sell in farmers' markets and consent to inspection of property; to change certain provisions relating to suspension or revocation of registration, license, or permit, procedure, and enforcement of laws, regulations, or orders; and for other purposes.
HB 1254. By Representative Channell of the 77th:
A BILL to amend Code Section 32-6-193.1 of the Official Code of Georgia Annotated, relating to elimination of grade crossings on public roads and related procedures, so as to provide that railroads shall not have a duty to petition to eliminate any such grade crossings; and for other purposes.
HB 1358. By Representatives Martin of the 37th, Boggs of the 145th, Walker of the 115th, Campbell of the 39th, Burkhalter of the 36th and others:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempted from inspection by members of the general public, so as to provide an exemption for certain records including identifying information for minors; to provide for disclosure of records with such information redacted; and for other purposes.
HB 1382. By Representatives Keen of the 146th, Rogers of the 20th, DeLoach of the 127th, Barnard of the 121st, Post 1 and Sheldon of the 71st, Post 2:
A BILL to amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to change the membership of the Shore Protection Committee; to change the

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membership of the Coastal Marshlands Protection Committee; and for other purposes.
HB 1519. By Representatives Porter of the 119th, Parrish of the 102nd, Morris of the 120th, Stephens of the 124th, Post 2 and Bordeaux of the 125th:
A BILL to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to enact the "Common-sense Consumption Act"; to provide for a short title; to provide for definitions; to provide for limited liability of food manufacturers, packers, distributors, and others from claims relating to weight gain and obesity; to provide for exceptions to such liability; and for other purposes.
The Senate has adopted as amended, by the requisite constitutional majority, the following resolution of the House:
HR 132. By Representatives Wilkinson of the 41st, Bunn of the 63rd, Ashe of the 42nd, Post 2, Heckstall of the 48th, Post 3, Franklin of the 17th and others:
A RESOLUTION designating the Keith Kalland Connector; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the House:
HR 398. By Representatives Harbin of the 80th and Fleming of the 79th:
A RESOLUTION to dedicate a portion of State Route 232 in Columbia County as the "Purple Heart Highway"; and for other purposes.
HR 1191. By Representatives Smith of the 110th, Smith of the 13th, Post 2 and Buck of the 112th:
A RESOLUTION designating the Purple Heart Highway; and for other purposes.
HR 1341. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Coleman of the 118th, Westmoreland of the 86th and Lunsford of the 85th, Post 2:
A RESOLUTION designating the Bruton Smith Parkway; and for other purposes.

WEDNESDAY, MARCH 24, 2004

2611

Representative Hanner of the 133rd arose to a point of personal privilege and addressed the House.

Representative Brown of the 89th arose to a point of personal privilege and addressed the House.

Representative Franklin of the 17th arose to a point of personal privilege and addressed the House.

Representative Holmes of the 48th, Post 1 arose to a point of personal privilege and addressed the House.

The following Resolution of the House was read and adopted:

HR 1730. By Representatives Marin of the 66th, Floyd of the 69th, Post 2, Coan of the 67th, Post 1, Sheldon of the 71st, Post 2 and Dix of the 70th, Post 2:
A RESOLUTION commending Tim Cooper on his service as the Scout Executive of the Northeast Georgia Council; and for other purposes.

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

HR 1017. By Representatives Douglas of the 73rd, Coleman of the 118th, Richardson of the 26th and Skipper of the 116th:
A RESOLUTION commending Major General Buford C. Blount III and inviting him to appear before the House of Representatives; and for other purposes.

HR 1574. By Representative Epps of the 90th:
A RESOLUTION congratulating the West Georgia Wolverines and inviting the team to appear before the House of Representatives; and for other purposes.

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HR 1644. By Representative Morris of the 120th:
A RESOLUTION commending the Robert Toombs Christian Academy football team and inviting the members of the team to appear before the House of Representatives; and for other purposes.

HR 1680. By Representatives Smith of the 87th, Westmoreland of the 86th, Harper of the 88th, Post 2, Butler of the 88th, Post 1, Brown of the 89th and others:
A RESOLUTION commending the Coweta County African American Heritage Museum and Research Center and inviting Ms. Cynthia Rosers to appear before the House of Representatives; and for other purposes.

HR 1681. By Representatives Smith of the 87th, Westmoreland of the 86th, Harper of the 88th, Post 2, Butler of the 88th, Post 1 and Brown of the 89th:
A RESOLUTION commending Cody Disque and inviting him to appear before the House of Representatives; and for other purposes.

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

HR 1731. By Representatives Ray of the 108th, Purcell of the 122nd, James of the 114th, Floyd of the 132nd, Black of the 144th and others:
A RESOLUTION commending Jean Wright and inviting her to appear before the House of Representatives; and for other purposes.

HR 1733. By Representative Reece of the 11th:
A RESOLUTION commending the Trion High School Debate Team and inviting the team and its coaches to appear before the House of Representatives; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

WEDNESDAY, MARCH 24, 2004

2613

SB 405. By Senators Cheeks of the 23rd and Stephens of the 51st:
A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for financial institutions to offer financial services to customers consistent with procedures of the Department of Banking and Finance; to authorize the department to enter into agreements with other regulatory authorities; to authorize loan officers to serve as credit committees; to prohibit licensing of certain persons convicted of certain crimes; to increase the record-keeping time requirement; to change a certain definition; to require financial institutions and money service businesses to comply with federal law; to establish requirements for regulation for mortgage lenders and brokers; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

On the passage of the Bill, 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 Y Brown E Bruce
Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell

Y Day Y Dean Y Deloach Y Dix Y Dodson
Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y 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 Y Harbin Y Harper Y Harrell Y Heard, J

Y 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 N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey

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

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 Y Stephenson Y Stokes E Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard

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Y Childers E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 166, nays 2. The Bill, having received the requisite constitutional majority, was passed.

Representative Rogers of the 15th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Murphy of the 14th, Post 2 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.

SB 418. By Senators Unterman of the 45th, Collins of the 6th, Johnson of the 1st, Balfour of the 9th, Lee of the 29th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide for the crime of female genital mutilation; to provide for penalties; to provide for exceptions; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide for the crime of female genital mutilation; to provide a short title; to provide for penalties; to provide for exceptions; to provide that certain statutory privileges shall not be available; to amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to change provisions relating to disclosure of medical records; to provide for a definition; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 24, 2004

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Amirah Joyce Adem Act".
SECTION 2. Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, is amended by adding a new Code Section 16-5-26 to read as follows:
"16-5-26. (a) Any person:
(1) Who knowingly circumcises, excises, or infibulates, in whole or in part, the labia majora, labia minora, or clitoris of a female; (2) Who is a parent, guardian, or has immediate custody or control of a female under the age of 18 years and knowingly consents or permits to the circumcision, excision, or infibulation, in whole or in part, of the labia majora, labia minora, or clitoris of such female; or (3) Who knowingly removes or causes or permits the removal of a female under the age of 18 years from this state for the purpose of circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of such female shall be guilty of female genital mutilation. (b) A person convicted of female genital mutilation shall be punished by imprisonment for not less than one nor more than 20 years. (c) This Code section shall not apply to procedures performed by or under the direction of a physician, a registered professional nurse, a certified nurse midwife, or a licensed practical nurse licensed pursuant to Chapter 34 or 26, respectively, of Title 43 when necessary to preserve the physical health of the female or during or after labor or childbirth for medical reasons connected with the labor or childbirth. (d) Consent of the female under the age of 18 years or the parent, guardian, or custodian of the female under the age of 18 years shall not be a defense to the offense of female genital mutilation. Neither ritual, custom, nor standard practice shall be a defense to the offense of female genital mutilation. (e) The statutory privileges provided by Chapter 9 of Title 24 shall not apply to proceedings in which one of the parties to the privilege is charged with a crime against a female under the age of 18 years, but such person shall be compellable to give evidence only on the specific act for which the defendant is charged."
SECTION 3. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by adding a new paragraph to Code Section 24-9-41, relating to definitions in the disclosure of medical records, to read as follows:
"(6.1) 'Nurse' means a person authorized by license issued under Chapter 26 of Title 43 as a registered professional nurse or licensed practical nurse to practice nursing."

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SECTION 4. Said title is further amended by striking Code Section 24-9-42, relating to the disclosure of medical records, and inserting in lieu thereof the following:
"24-9-42. The disclosure of confidential or privileged medical matter constituting all or part of a record kept by a health care facility, a nurse, or a physician, pursuant to laws requiring disclosure or pursuant to limited consent to disclosure, shall not serve to destroy or in any way abridge the confidential or privileged character thereof, except for the purpose for which such disclosure is made."
SECTION 5. This Act shall become effective on July 1, 2004, and shall apply to all offenses committed on or after such date.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Burmeister of the 96th, Heath of the 18th and Mills of the 67th, Post 2 move to amend the Committee substitute to SB 418 by inserting after "Neither" on line 10 on page 2 "religion,".

Representatives Heath of the 18th, Burmeister of the 96th and Bannister of the 70th, Post 1 move to amend the Committee substitute to SB 418 by inserting "pierces," after "excises," on line 16 of page 1.
By inserting "piercing," after "excision," on line 19 of page 1.
By inserting "piercing," after "excising," on line 23 of page 1.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 24, 2004

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 Y Brown E Bruce
Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

Y 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 Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin
Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Rice Y Richardson 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 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 Y Stephenson Y Stokes E 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 Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:

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Your Committee on State Planning and Community Affairs - Local Legislation 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 1752 Do Pass, by Substitute

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

HB 1752. By Representatives Harper of the 88th, Post 2 and Butler of the 88th, Post 1:
A BILL to continue the existence of the Carrollton Independent School System under the management and control of the Carrollton Board of Education; to provide for the composition, term of office, and qualifications of members of the board; to provide for continuation in office; to provide for election wards; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To continue the existence of the Carrollton Independent School System under the management and control of the Carrollton Board of Education; to provide for the composition, term of office, and qualifications of members of the board; to provide for continuation in office; to provide for election wards; to provide for meetings, officers, quorum, rules of procedure, voting requirements, abstention from voting, public meetings, public comments at meetings, and communication of minutes; to provide for the powers, duties, and responsibilities of the board; to restrict the powers of the board; to define terms; to provide for salaries and expenses of board members; to provide for vacancies; to provide for a superintendent and appointment, powers and duties, qualifications, and responsibilities of such officer; to provide for a general counsel; to provide for publication of performance levels and expenditures; to provide for the roles of the board and the superintendent; to prohibit certain practices by board members; to provide for disclosure of financial interests in contracts or matters pending before the

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board and of relatives employed by the school system; to prohibit use of school system property for personal benefit; to provide that contracts are voidable in certain circumstances; to provide for hearings; to provide for access to records; to provide for determination of a millage rate and for limitations and levy of such millage rate and election relating thereto; to provide for transmittal of taxes to the board; to provide for loans and additional revenue sources; to provide for budgeting procedures; to provide that unlawful obligations are void; to provide for continuance of officers and employees; to continue existing rules, contracts, bonds, obligations, rights, and interests; to provide for construction; to repeal specific Acts; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INDEPENDENT SCHOOL SYSTEM
SECTION 1-101. Independent school system.
In accordance with the laws of the State of Georgia, the Carrollton Independent School System (hereinafter at times referred to as the "Carrollton school system") shall be continued as an independent school system, created by the General Assembly and the provisions of this Act and preceding Acts, which shall be under the management and control of the Carrollton Board of Education (hereinafter referred to as the "board"). Except as provided herein, the school system and the board shall be subject to the general laws of the state.
ARTICLE II BOARD OF EDUCATION
SECTION 2-101. Composition.
The Carrollton Board of Education shall be composed of six members elected as provided in this Act.
SECTION 2-102. Elections; election wards.
(a) The Board of Education of the City of Carrollton which existed on December 31, 2003, is continued in existence. The board so continued shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to the effective date of this Act. (b) Those members of the board from Election Wards 2, 3, and 5 who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such

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office shall continue to serve as such members for terms of office which expire December 31, 2005, and upon the election and qualification of their respective successors. Those members of the board from Election Wards 1, 4, and 6 who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members for terms of office which expire December 31, 2007, and upon the election and qualification of their respective successors. (c) For purposes of electing members of the board, the City of Carrollton School District is divided into six election wards consisting of the following property within such district:
Election Ward 1 The area between a line which begins at the Northerly intersection of the center line of North Park Street with the City Limits extending Southerly to the intersection of the center line of Maple Street; thence Southwesterly on the center line of Maple Street to the intersection of the center line of Longview Street; thence Southerly on Longview Street to the intersection of the center line of South Street; thence Westerly along South Street to its intersection with the center line of Maple Street; thence Southwesterly along Maple Street to its intersection with Matthews Avenue; thence Northerly along the center line of Matthews Avenue to the center line of Foster Street; thence Westerly along the center line of Foster Street to its intersection with the center line of West Georgia Drive; thence Westerly along the center line of West Georgia Drive to the center line of Brumbelow Road; thence Northerly along the center line of Brumbelow Road to its intersection with the center line of Lovvorn Road; thence Westerly along the center line of Lovvorn Road to the City Limits.
Election Ward 2 The area between the line which begins at the intersection of the center line of North Park Street with the City Limits extending Southerly to the intersection of the center line of Maple Street; thence Northeasterly along the center line of Maple Street to its intersection with the center line of Alabama Street; thence Easterly along the center line of Alabama Street across Adamson Square and continuing Easterly on the center line of Newnan Street to its intersection with the center line of Cedar Street; thence Easterly along the center line of Cedar Street to its intersection with the center line of Highway 166. Thence Southerly along Highway 166 to its intersection with Horsley Mill Road; thence Easterly on Horsley Mill Road to the City Limits.
Election Ward 3 The area between a line which begins at the intersection of the center line of Hays Mill Road with the Southerly City Limits of the City of Carrollton and extending Northerly along the center line of Hays Mill Road to the center line of Longview Street; thence Northeasterly along the center line of Longview Street to the center line of Maple Street; thence Northeasterly along the center line of Maple Street to the center line of Alabama Street; thence Easterly along the center line of Alabama Street and

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continuing across Adamson Square Easterly and along the center line of Newnan Street to the center line of Cedar Street; thence Easterly along the center line of Cedar Street to the center line of Highway 166. Thence Southerly along Highway 166 to its intersection with Horsley Mill Road; thence Easterly on Horsley Mill Road to the City Limits.
Election Ward 4 The area between a line formed by the South boundary of Ward 1 and a line beginning at the intersection of the center line of Maple Street and the center line of Longview Street and thence continuing Southwesterly along the center line of Longview Street to the center line of Hays Mill Road; thence Southerly along the center line of Hays Mill Road to its intersection with the City Limits.
Election Ward 5 The City of Carrollton Independent School District.
Election Ward 6 The City of Carrollton Independent School District. For the purposes of this subsection, whenever the description of any ward refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2000 for the State of Georgia. (d) One member of the board shall be elected from each election ward described in subsection (c) of this section. In order to be elected as a member of the board from an election ward, a person must receive a majority of votes cast for that office or a run-off election shall be held as provided by general law. A member of the board of education must reside within the election ward from which he or she is selected and shall be elected by the electors residing within that election ward. (e) Successors to members of the board whose terms of office are to expire shall be elected at the time of the general municipal election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (f) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2-103. Organization; officers; quorum; rules;
voting requirements; meetings.
(a) Organizational meeting. At the first regular meeting of the board in January following each regular election, the board shall organize and take their oaths of office.

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(b) Officers. At its first regular meeting in January of each year, the board shall elect a chairperson, a vice chairperson, and a treasurer by a majority vote of its members. The chairperson, vice chairperson, and treasurer shall serve for a term of one year and can be reelected to such position thereafter. (c) Quorum. Four members of the board shall constitute a quorum for the transaction of business, although a smaller number may adjourn from time to time and compel the attendance of its members. (d) Rules. The board shall adopt rules of procedure governing the transaction of its business consistent with the provisions of this Act and any other applicable laws. The rules of the board shall provide for regular meetings which shall be held at least monthly and in accordance with the provisions of Code Section 20-2-58 of the O.C.G.A., as now or hereafter amended, and shall provide for any special meetings of the board. (e) Voting requirement.
(1) The affirmative vote of a majority of the board shall be required for the passage of any resolution; provided, however, that a majority of a quorum of the board may take official action in regards to disciplinary matters related to appointed officers or employees of the Carrollton school system. (2) No member of the board shall abstain from voting at any duly called board meeting except in matters involving consideration of his or her own conduct, matters which would inure to his or her financial or personal interests, or matters which would be a conflict of interest as provided in Article 3 of this Act. Such board member shall, prior to the vote being taken, publicly state during the meeting the nature of his or her interest in the matter from which he or she is abstaining from voting and shall within ten days of such abstention disclose the nature of his or her interest as a public record in a memorandum filed with the board secretary who shall incorporate the memorandum into the minutes of the meeting. (f) Meetings. All meetings of the board and any of its committees shall be public in the same manner and to the same extent as required by Chapter 14 of Title 50 of the O.C.G.A., relating to open and public meetings, as now or hereafter amended, and any citizen shall have access to the minutes and records thereof at reasonable times. Said minutes shall include a synopsis of the discussion on every question coming before the board and any of its committees, and the names of those board members voting for and against each question, those abstaining, and those absent. (g) Public comment. The meetings of the board and its committees shall provide a reasonable opportunity for the public to be heard during such meetings of the board or its committees. The board shall prescribe rules and regulations for the receipt of such comments from the public.
SECTION 2-104. Powers, duties, responsibilities, and restrictions.
(a) The board shall:

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(1) Have and exercise control and management of the Carrollton school system in accordance with the provisions of this Act and the Constitution and general laws of the state. The board is hereby vested with all the powers and charged with all the duties provided to local boards of education by the general laws of the state; (2) Provide all students with textbooks and furnish educational or instructional materials, resources, and equipment adequately to such students; (3) Adopt by resolution rules and regulations related to the manner and method of employing, disciplining, and terminating any employees of the school system; (4) Adopt by resolution rules and procedures related to the procurement of supplies, equipment, goods, and services for the school system; (5) Adopt by resolution rules and regulations for the governance of students, including the discipline, suspension, or expulsion of students, in accordance with due process; (6) Hear appeals from actions of the superintendent of schools and other personnel; (7) Approve an annual budget for the Carrollton public school system and provide for the levy of a tax for educational purposes as provided in this Act; (8) Approve school attendance zones; (9) Have the authority to sue and be sued as a school district in the name of the Carrollton Independent School System; (10) Have the power to purchase, sell, rent, or lease property, both real and personal, in the name of the Carrollton Independent School System with the title to any property purchased being vested solely in the school system to the extent that such property was acquired directly by the board through funds of the school system; (11) Have the authority to enter into contracts with any person, firm, corporation, or governmental unit or agency for the performance of educational services or the use of educational facilities; (12) Adopt rules for the manner and extent the public is permitted to use buildings under its control, which rules shall make available all such buildings which may be needed or required for voting purposes on election days; (13) Approve the superintendents recommendation to hire or dismiss school system staff, provided that such recommendations can be rejected by the board only with a three-fourths vote of the board. Notwithstanding this provision, a majority vote of the board is sufficient to reject the superintendents recommendation, if a majority vote is required to comply with the provisions of Code Section 20-2-942 of the O.C.G.A.; and (14) The board may call an executive session as provided by law. Executive sessions shall not exclude the superintendent unless a discussion of the superintendent is the subject of the executive session. (b) The board shall not: (1) Employ one of its members for any position in the school system; (2) Do business with a partnership or corporation owned in whole or part by a board member or a relative of a board member, unless the stock of the firm is publicly traded and there are more than 75 stockholders; or

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(3) Do business with a bank or financial institution where a board member is an employee, stockholder, director, or officer when such member owns 10 percent or more stock in that institution. (c) Any board member whose relative is being considered for employment shall not vote on such employment. (d) As used in this Act, the word "relative" shall mean an individual who is related to the elected official, appointed officer, or employee as father, mother, son, daughter, brother, sister, husband, wife, grandfather, grandmother, grandchild, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law; any other relative living in the household of the elected official, appointed officer, or employee; a person who is engaged to be married to the elected official, appointed officer, or employee or who otherwise holds himself or herself out as or is generally known as the person whom the elected official, appointed officer, or employee intends to marry or with whom the elected official, appointed officer, or employee intends to form a household, or any other natural person having the same legal residence as the elected official, appointed officer, or employee.
SECTION 2-105. Salary and expenses of board members.
Members of the board shall receive the salary and expenses as provided by general law.
SECTION 2-106. Vacancies; filling of vacancies.
(a) The office of a board member shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may be hereafter enacted. (b) In case a vacancy occurs in the membership of the board of education by death, resignation, removal from the city or removal from the ward from which a member is chosen, or otherwise, the remaining members of the board shall elect a member to fill the vacancy until the next regular election, when the voters shall choose a successor for the remainder of the term.
SECTION 2-107. Superintendent of schools.
(a) The board shall appoint as its executive officer a school superintendent who shall have such qualifications as provided by law. The board shall provide the superintendent with a contract for employment for a fixed term as provided for under Code Section 20-2101 of the O.C.G.A., as amended. The person serving as superintendent of the board on the day this Act becomes effective shall continue to serve as such superintendent for the term of such persons contract, and upon the expiration of such term the board may enter

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into a new contract with that person or any other person who meets the qualifications for such office. (b) The superintendent shall have the power and duties assigned by the laws of the state and such other powers and duties as are assigned by this Act or by the board. (c) The superintendent need not be a resident of the school district at the time of his or her appointment but during his or her term in office shall reside within that district. (d) The superintendent shall be responsible for reporting to the board any legal or financial matter that requires board action or attention, including matters that may violate board policy or state or federal laws, or that may subject the school system to legal liability, a loss of state or federal funds, or a loss of its eligibility to receive such funds.
SECTION 2-108. General counsel for board and school system.
A general counsel shall be appointed and, if necessary, removed by the superintendent, with the advice and consent of the board. Such appointment of the general counsel may be by a contract authorized by the board. The general counsel shall serve as the chief legal adviser to the board and the school system.
SECTION 2-109. Publication of performance levels and expenditures.
(a) Whenever comprehensive reading examinations or other performance tests are administered to students, parents and guardians may obtain reports of their childs or wards performance. (b) All such test scores and performance summaries thereof, except the names of students, shall be public records. (c) The performance level of each school shall be measured according to a recognized method or methods of testing or evaluation on at least an annual basis and shall be a public record.
SECTION 2-110. Roles of board and superintendent.
(a) In addition to the other powers and obligations provided by this Act and applicable state laws, the board is responsible for discussing and deliberating a variety of issues, and then:
(1) Hiring, evaluating, and, if necessary, dismissing the superintendent. As part of this process, the school board shall enter into a contract with a superintendent that includes explicit goals and performance standards along with the criteria to be used in evaluating the superintendents performance against those goals and standards; (2) Adopting a vision for the district after participating, under the leadership of the superintendent, in a process to create the vision. The process will involve gaining

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input from individuals within the school system, such as administrative staff, principals, teachers, parents, and students, and individuals outside the school system, such as business people, higher education officials, social service providers, and community members. The vision includes district-wide student learning goals as well as long-range and strategic plans for meeting the goals; (3) Adopting district-wide academic content and performance standards. These standards must meet or exceed the academic content and performance standards adopted by the state; (4) Creating district-wide measures for the district-wide academic content and performance standards. These measures must include state-wide tests; (5) Adopting district-wide policies that support an environment for quality improvement and progress for all decision makers in the district, as well as for students; (6) In partnership with the superintendent, tracking progress toward and keeping attention focused on the student learning goals and the academic content and performance standards and measures. This shall be done on a district-wide basis and on a school-by-school basis; (7) Approving an annual district budget, prior to the start of the school year, that identifies priorities and goals and that aligns the districts resources to achieve the district-wide student learning goals and district-wide academic content and performance standards and measures and to ensure that school facilities meet health and safety code requirements; (8) Approving a policy that determines the minimum dollar amount for contracts that require school board approval; (9) After seeking, receiving, and deliberating upon community input, approving plans for closing, selling, renovating, and building school facilities; and (10) Each year, developing, in concert with the superintendent, the priorities for the school system for the upcoming year. (b) Subject to the limitations contained in this Act, the superintendent, either directly or through a designee, is responsible for: (1) Leading a process, in cooperation with the board, to create the vision for the district that involves gaining input from individuals within the school system, such as administrative staff, principals, teachers, parents, and students, and individuals outside the school system, such as business people, higher education officials, social service providers, and community members. The vision includes district-wide student learning goals as well as long-range and strategic plans for meeting the goals. The vision must be formally adopted by the board; (2) Developing an annual budget that aligns the districts resources to achieve the district-wide student learning goals and district-wide academic content and performance standards and measures and to ensure that school facilities meet health and safety code requirements, and submitting it to the school board for its adoption; (3) Deciding which instructional areas will receive priority attention, and maintaining the focus, and keeping school-site decisions focused, on these areas;

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(4) Working with each schools staff to define instructional objectives, design the curriculum, and engage in professional development, using student performance data as the basis for these decisions; (5) In partnership with the board, tracking progress toward and keeping attention focused on the standards and measures that are adopted by the board. This shall be done on a district-wide basis and on a school-by-school basis; (6) After adoption of policies by the board, providing a supportive environment for quality improvement and progress for all decision makers in the district, as well as for students; (7) Tailoring and leading the provision of assistance to the districts low-performing schools; (8) Hiring, evaluating, and, if necessary, dismissing school system employees; (9) Implementing strategies to involve parents and community members in the district and to create partnerships between the district and public and private organizations; and (10) Each year, developing, in concert with the board, the priorities for the school system for the upcoming year.
ARTICLE III ETHICS AND PROHIBITED PRACTICES
SECTION 3-101. Disclosures.
Any elected official, appointed officer, or employee of the school system who has any financial interest, directly or indirectly, in any contract or matter pending before or within any office, department, or agency of the school system shall disclose such interest in writing to the board. Any board member who has a financial interest in any contract or matter pending before the board shall disclose such interest, in writing, and such disclosure shall be entered on the records of the board. The disclosure of any salary received by a board member from the school system or any entity doing business with the school system may be accomplished by naming the entity and position held by the board member with such entity. Interest and dividends from entities doing business with the school system which are listed on a national stock exchange or have more than 100 stockholders do not have to be disclosed. Likewise, the disclosure of any salary received by an immediate relative of the board member may be accomplished by naming the relative and the position held. The board member also shall disqualify himself or herself from participating in any decision or vote relating thereto.
SECTION 3-102. Use of public property.

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No elected official, appointed officer, or employee of the school system shall use property of the school system for personal benefit or profit except in accordance with policies and procedures promulgated by the board.
SECTION 3-103. Contracts voidable and rescindable.
Any contract between the Carrollton school system and another party shall be voidable or rescindable at the discretion of the board at any time if any elected official, appointed officer, or employee has any interest in such contract and does not disclose such interest in accordance with the provisions within this article.
ARTICLE IV REVENUE AND FINANCE
Chapter 1 General Provisions SECTION 4-101. Taxation for educational purposes.
(a) The board of education for the public school system for the City of Carrollton shall annually certify to the mayor and council of the City of Carrollton a school tax not greater than 20 mills per dollar for the support and maintenance of education. That mayor and council shall annually levy the tax amount so certified upon the assessed value of all taxable property within the City of Carrollton school district unless:
(1) The tax amount certified before July 1, 2005, exceeds 16.5 mills per dollar in which event the tax amount levied shall be 16.5 mills per dollar; or (2) The tax amount certified on or after July 1, 2005, exceeds 18.5 mills per dollar, in which event the tax amount so certified shall be levied only if it previously has been approved in a referendum as provided in subsection (b) of this section. (b) Only in the event that on or after July 1, 2005, the board of education of the City of Carrollton certifies to the mayor and council of that city a school tax that exceeds 18 mills per dollar, and such levy has not been approved previously in a referendum pursuant to this subsection, that mayor and council shall require the election superintendent of the City of Carrollton to call and conduct an election as provided in this subsection, unless prohibited by the federal Voting Rights Act of 1965, as amended. That election shall be for the purpose of submitting the amount certified for such levy to the electors of the City of Carrollton school district for approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Carroll County. The ballot shall have written or printed thereon the words:

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"( ) YES Shall the school tax of (amount certified) mills per dollar which was certified by the board of education of the City of Carrollton be
( ) NO approved and levied by the mayor and council of that city?" All persons desiring to vote for approval of the school tax amount certified shall vote "Yes," and those persons desiring to vote for rejection of the school tax amount certified shall vote "No." If more than one-half of the votes cast on such question are for approval of the school tax amount certified, the amount of the tax certified and so approved shall be levied by the mayor and council of the City of Carrollton upon the assessed value of all taxable property within the City of Carrollton school district. If the school tax amount certified is not so approved or if the election is not conducted as provided in this section, the school tax amount certified shall not be levied by the mayor and council of the City of Carrollton and the amount of the school tax levied the immediately preceding year shall be levied instead. The expense of such election shall be borne by the City of Carrollton. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.
SECTION 4-102. Transmittal of taxes and other funds to the board.
(a) Tax collection officer. In accordance with state law, the applicable tax collection officer shall transmit to the board any and all ad valorem taxes assessed and collected on behalf of the city for the support and maintenance of public education, less any costs related to the tax assessment and collection and the amount of any interest and sinking fund charges on outstanding general obligation bonds. (b) City of Carrollton. The City of Carrollton shall remit to the board any funds received for the school system within 45 days after receipt; such funds shall be used to maintain and expand the public school system.
SECTION 4-103. Loans for operating expenses.
(a) The board may obtain loans for operating expenses in accordance with the laws of the state. (b) The board may request the Carrollton City Council to negotiate loans to supply deficiencies in yearly operating expenses of the school system, during any year, in such amounts as may be determined by the board. However, any such loan requested by the board and negotiated by the city shall not exceed 50 percent of the anticipated tax revenue for the year levied for educational purposes. In lieu of borrowing money on behalf of the board, the city may advance to the board such amounts as may be required for such purposes. (c) The board shall provide for a sum sufficient to repay the loans or advances of moneys made by the city, together with the interest thereon, to be deducted from ad valorem taxes

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levied and collected for educational purposes during the year in which the loan was negotiated or an advance of moneys was made by the city. (d) In order for the board to obtain a loan or an advance as provided in this section, the board shall pass a resolution authorizing the money to be borrowed or advanced by the city, in which resolution shall be stated the amount of money to be borrowed or advanced, the length of time it is to be used, for what purpose borrowed, and from whom it is to be borrowed, which resolution shall be recorded on the minutes of the meetings of the board.
SECTION 4-104. Additional sources of revenue.
In the event any additional sources of revenue shall be authorized by law for educational purposes, the board shall have the power, as the case may be, to recommend or provide for the lawful collection and appropriation of such revenues for use by the school system.
Chapter 2 Budget
SECTION 4-201. Procedures.
The board shall conduct its budgeting procedures in the same manner as required of local governments in Article 1 of Chapter 81 of Title 36 of the O.C.G.A., relating to local government budgets and audits.
SECTION 4-202. Unlawful obligations void.
The board shall incur no obligation in excess of the annual budget and such other special appropriations as may be lawfully made and shall incur no liability except as authorized by such budget or appropriation. Any such liabilities attempted to be incurred shall be void in law and equity.
ARTICLE V GENERAL PROVISIONS
SECTION 5-101. Continuance of officers and employees.
The current terms of office of all elected and appointed officials and officers of the Carrollton school system and its agencies, serving on the effective date of this Act, shall not be diminished and shall continue in full force and effect.

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SECTION 5-102. Existing rules and regulations continued in effect.
Existing rules and regulations of the Carrollton Board of Education and the Carrollton Independent School System, and departments and agencies thereof, not inconsistent with the provisions of this Act, shall be effective until they have been repealed, modified, or amended.
SECTION 5-103. Pending matters.
All contracts, orders, leases, bonds, and other obligations or instruments entered into by the Carrollton Board of Education for the benefit of the Carrollton Independent School System prior to the effective date of this Act shall continue in effect according to the terms thereof.
SECTION 5-104. Existing rights and interests.
(a) Any rights or interests, public or private, vested in whole or in part on the effective date of this Act, whose validity might be sustained or preserved by reference to any provisions of law repealed by this Act, shall not be affected by this Act. This subsection shall not apply to any right or interest in any elective public office not conferred by this Act. (b) Any rights or interests, public or private, derived from, or which might be sustained or preserved in reliance upon, action taken pursuant to or within the scope of any provision of law repealed by this Act, shall not be affected by this Act.
SECTION 5-105. Construction.
(a) The captions to the several sections of this Act are informative only and are not to be construed as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. (d) "School district" means the City of Carrollton School District. (e) "City" means the City of Carrollton.
SECTION 5-106. Specific repealer.

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An Act establishing a system of public schools for the City of Carrollton, approved November 26, 1886 (Ga. L. 1886, p. 306), and all amendatory Acts thereto, are repealed in their entirety.
SECTION 5-107. Severability.
If any article, section, subsection, paragraph, sentence, or part thereof of this Act, or the application thereof to any person or circumstance, should be declared invalid for any reason whatsoever, such decision shall not affect or impair the remaining portions of this Act, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held invalid, and to this end, the provisions of this Act and the applications thereof are hereby declared to be severable.
SECTION 5-108. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5-109. General repealer.
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 ayes were 128, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Resolution of the House was read:

HR 1732. By Representative Skipper of the 116th

A RESOLUTION

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Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, unless otherwise provided by subsequent resolution of the General Assembly, the meeting dates and dates of adjournment for the 2004 regular session of the General Assembly for the period of March 24, 2004, through March 31, 2004, shall be as follows:
Wednesday, March 24 ..................................................... in session for legislative day 36 Thursday, March 25......................................................... in session for legislative day 37 Friday, March 26, through Tuesday, March 30............... in adjournment Wednesday, March 31 ..................................................... in session for legislative day 38
BE IT FURTHER RESOLVED that on and after March 31, 2004, the periods of adjournment of the 2004 session, if any, shall be as specified by subsequent resolution of the General Assembly.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.

The following amendment was read:

Representatives Mills of the 67th, Post 2 and Westmoreland of the 86th move to amend HR 1732 as follows:
Add between line 12 and 13:
however, sine die shall not be any later than Friday, April 2nd, 6 P.M.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes
Beasley-Teague N Benfield N Birdsong N Black

Day N Dean N Deloach N Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes

Y Hill, C.A N Hill, V Y Hines N Holmes N Houston N Howard N Howell N Hudson N Hugley N Jackson

N Mitchell N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B

N Sholar N Sims N Sinkfield N Skipper Y Smith, B N Smith, L N Smith, P N Smith, T Y Smith, V N Smyre

2634
N Boggs N Bordeaux N Borders N Bridges Y Brock N Brooks N Broome Y Brown E Bruce
Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas
Chambers N Channell N Childers E Coan Y Coleman, B Y Cooper N Crawford N Cummings

JOURNAL OF THE HOUSE

Y Ehrhart Y Elrod N Epps Y Fleming
Floyd, H N Floyd, J N Fludd N Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson N Hanner Y Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath N Heckstall Y Hembree N Henson Y Hill, C

N James N Jamieson N Jenkins, C N Jenkins, C.F Y Jones N Jordan Y Joyce Y Keen Y Knox N Lane Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell N McBee
McCall N McClinton Y Millar Y Mills

N Oliver, M O'Neal
N Orrock N Parham N Parrish Y Parsons N Porter N Powell N Purcell N Ralston N Randall N Ray N Reece, B Y Reece, S N Rice Y Richardson Y Roberts, J N Roberts, L N Rogers, C N Rogers, Ch. N Royal Y Rynders N Sailor N Scott N Shaw Y Sheldon

N Snow N Stanley-Turner N Stephens, E Y Stephens, R
Stephenson N Stokes E Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson
Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland
White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R E Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 57, nays 108. The amendment was lost.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

N 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 N Brock Y Brooks Y Broome

Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd

Y Hill, C.A Y Hill, V N 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 N Jones Y Jordan N Joyce

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q N Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes E Stoner

N Brown E Bruce
Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, MARCH 24, 2004

Y Forster N Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin N Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson Y Hill, C

N Keen N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox
Mangham N Manning Y Marin N Martin Y Massey N Maxwell Y McBee Y McCall Y McClinton Y Millar N Mills

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

On the adoption of the Resolution, the ayes were 128, nays 42. The Resolution was adopted.

2635
Y Teilhet Y Teper N Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland Y White N Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

The following Resolutions of the House were read and adopted:

HR 1734. By Representatives Reece of the 21st, Rogers of the 20th, Amerson of the 9th and Mills of the 67th, Post 2:
A RESOLUTION commending Mr. John A. Ferguson, Jr.; and for other purposes.

HR 1735. By Representative Hill of the 16th: A RESOLUTION commending Kyle Bocinsky; and for other purposes.

HR 1736. By Representative Hill of the 16th: A RESOLUTION commending Mark James Segall; and for other purposes.

HR 1737. By Representative Hill of the 16th:

2636

JOURNAL OF THE HOUSE A RESOLUTION commending Debbie Kohler; and for other purposes.

HR 1738. By Representative Hill of the 16th: A RESOLUTION commending Deirdre Rudat; and for other purposes.

HR 1739. By Representative Hill of the 16th: A RESOLUTION commending Karen Lawrence; and for other purposes.

HR 1740. By Representative Hill of the 16th: A RESOLUTION commending Hope Lam; and for other purposes.

HR 1741. By Representative Hill of the 16th: A RESOLUTION commending Robert Kimmer; and for other purposes.

HR 1742. By Representative Hill of the 16th: A RESOLUTION commending Allen Dreschel; and for other purposes.

HR 1743. By Representative Hill of the 16th: A RESOLUTION commending Vicki Watton; and for other purposes.

HR 1744. By Representatives Richardson of the 26th, Maxwell of the 27th and Heath of the 18th:
A RESOLUTION honoring the memory of Lt. Col. (Ret.) Terry Payne and expressing regret at his passing; and for other purposes.

HR 1745. By Representatives Mobley of the 58th, Beasley-Teague of the 48th, Post 2 and Mangham of the 62nd:

WEDNESDAY, MARCH 24, 2004

2637

A RESOLUTION honoring the memory of Arthur Washington, Jr.; and for other purposes.

HR 1746. By Representative Jenkins of the 8th:
A RESOLUTION commending the Blairsville Scottish Festival and Highland Games; and for other purposes.

HR 1747. By Representative Parrish of the 102nd:
A RESOLUTION in memory of James Byrd Flanders; and for other purposes.

HR 1748. By Representatives Buckner of the 109th and James of the 114th:
A RESOLUTION congratulating Brown Brothers Sand Company; and for other purposes.

HR 1749. By Representatives Mosley of the 129th, Post 1, Williams of the 128th, Smith of the 129th, Post 2 and DeLoach of the 127th:
A RESOLUTION commending Channell Singh and recognizing her as a 2004 Georgia Certificate of Merit recipient; and for other purposes.

HR 1750. By Representative Sholar of the 141st, Post 1:
A RESOLUTION expressing regret at the passing of Fred B. Collins; and for other purposes.

HR 1751. By Representatives Graves of the 10th and Brock of the 5th:
A RESOLUTION recognizing and commending Theresa Haygood upon the occasion of her selection as the 2003-2004 Gordon County Teacher of the Year; and for other purposes.

HR 1752. By Representative Sholar of the 141st, Post 1:

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JOURNAL OF THE HOUSE
A RESOLUTION recognizing Cameron Prince for his heroism; and for other purposes.

HR 1753. By Representatives Burmeister of the 96th, Fleming of the 79th and Harbin of the 80th:
A RESOLUTION commending Gene Sullivan; and for other purposes.

HR 1754. By Representatives Ralston of the 6th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A RESOLUTION honoring Fannin County; and for other purposes.

HR 1755. By Representatives Heard of the 75th, McBee of the 74th and Smith of the 76th:
A RESOLUTION commending the Clarke Central High School Mock Trial Team; and for other purposes.

HR 1756. By Representatives Heard of the 75th, McBee of the 74th and Smith of the 76th:
A RESOLUTION commending the Navy Supply Corps School and recognizing the 50th anniversary of its presence in Georgia; and for other purposes.

HR 1757. By Representative Ralston of the 6th:
A RESOLUTION honoring Myra George Mason upon her retirement from the Georgia State Patrol; and for other purposes.

HR 1758. By Representatives Coleman of the 118th, Parrish of the 102nd, Purcell of the 122nd and Morris of the 120th:
A RESOLUTION commending and supporting the efforts of the Republic of China (Taiwan) to join the United Nations, the World Health Organization,

WEDNESDAY, MARCH 24, 2004

2639

and other international organizations, as well as its 2004 presidental election and referendum; and for other purposes.

By unanimous consent, SB 281 was postponed until the next legislative day.

By unanimous consent, SB 427 was postponed until the next legislative day.

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 bill of the House:
HB 1415. By Representatives Channell of the 77th, Parrish of the 102nd, Royal of the 140th, McClinton of the 59th, Post 1 and Wix of the 33rd, Post 1:
A BILL to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on rooms, lodgings, and accommodations, so as to change certain provisions regarding compliance audits regarding such tax; to change certain provisions regarding conditions of continuing authorization to impose such tax; to provide for a performance review board; to amend Code Section 36-81-8 of the Official Code of Georgia Annotated, relating to annual local government finance reports, so as to provide for additional reporting requirements for any unit of local government which levies a tax pursuant to Article 3 of Chapter 13 of Title 48; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 1732. By Representative Skipper of the 116th:
A RESOLUTION relative to adjournment; and for other purposes.

Representative Parrish of the 102nd District, Chairman of the Committee on Economic Development and Tourism, submitted the following report:

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JOURNAL OF THE HOUSE

Mr. Speaker:
Your Committee on Economic Development and Tourism has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 531 Do Pass, by Substitute

Respectfully submitted, /s/ Parrish of the 102nd
Chairman

Representative Lord of the 103rd District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 608 Do Pass

Respectfully submitted, /s/ Lord of the 103rd
Chairman

Representative Oliver of the 56th District, Post 2, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 337 Do Pass, by Substitute SB 347 Do Pass, by Substitute SB 469 Do Pass, by Substitute

WEDNESDAY, MARCH 24, 2004
Respectfully submitted, /s/ Oliver of the 56th, Post 2
Chairman

2641

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
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 1650 Do Pass

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

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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 184 Do Pass, by Substitute SB 297 Do Pass

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

The following communication was received:

2642

JOURNAL OF THE HOUSE
State of Georgia Office of the Governor
Atlanta 30334-0900

March 23, 2004

The Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
The Honorable Terry Coleman Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Gentlemen:
Please be advised that I have line item vetoed the following Sections in House Bill 1180:
Section 41, pertaining to the Department of Administrative Services, page 40, Lines 1742 through 1744;
Section 49, pertaining to the Department of Natural Resources, page 43, lines 1848 through 1856;
Section 53, pertaining to the Department of Transportation, page 44, lines 1894 through 1898;
Section 53, pertaining to the Department of Transportation, page 44, lines 1903 through 1905; and
Section 62, pertaining to Federal Funds, page 47, lines 2005 through 2009.

VETOES -- HB 1180
Section 41, pertaining to the Department of Administrative Services, page 40, lines 1742 through 1744:

WEDNESDAY, MARCH 24, 2004

2643

This language was approved in the 1996 session of the General Assembly to control the purchase of communications equipment that was not compatible with an 800-megahertz system. All communications equipment purchases are now under the direction of the Georgia Technology Authority and this language is inconsistent with general law. Therefore, this language (lines 1742 to 1744, page 40) in the Provisions Relative to Section 41, Department of Administrative Services is vetoed and has been vetoed previously.

Section 49, pertaining to the Department of Natural Resources, pages 43, lines 1848 through 1856:
Since FY 2000, state funds appropriated to the Environmental Protection Division of the Department of Natural Resources have been used to match federal Congestion Mitigation and Air Quality funds to provide mass transit subsidies for state employees. The use of state funds for subsidies to individuals has required special authorizing language in each appropriation bill since the initiation of this program. In FY 2003, the Georgia Building Authority began providing the state employee mass transit subsidy program with nonstate funds. This program has been subsequently transferred to the Georgia Regional Transportation Authority. This language is no longer necessary. Therefore, this language (lines 1848 to 1856, page 43) in the Provisions Relative to Section 24, Department of Natural Resources is vetoed and has been vetoed previously.

Section 53, pertaining to the Department of Transportation, page 44, lines 1894 through 1898:
This language authorizes the Department to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law. All executive branch agencies are legally authorized to amend their budgets and transfer positions between budget functions when the Office of Planning and Budget has approved a properly drawn amendment to the annual operating budget. In addition, the number of positions in each budget function is not specified in the Governor's budget recommendation to the General Assembly or in the annual Appropriations Act making this language unnecessary. Therefore, this language (lines 1894 to 1898, page 44) in the Provisions Relative to Section 36, Department of Transportation is vetoed and has been vetoed previously.

Section 53, pertaining to the Department of Transportation, page 44, lines 1903 through 1905:

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JOURNAL OF THE HOUSE

This language authorizes the Department to use available funding for right-of-way acquisition for a multi-lane road to connect the Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3. This project was funded in FY 2001. In addition, as a state route, this project is eligible for motor fuel funds and special language is not necessary. Therefore, this language (lines 1903 to 1905, page 44) in Provisions Relative to Section 36, Department of Transportation is vetoed and has been vetoed previously.

Section 62, pertaining to Federal Funds, page 47, lines 2005 through 2009:
This language essentially provides a pool of federal money to be available only to supplant state funds. It prohibits an amendment of federal funds above the amount appropriated in the Appropriations Act for purposes other than to supplant state appropriations for the pertinent programs. This language limits the state's ability to accept additional federal funds as they become available throughout the fiscal year. Therefore, this language (lines 2005 to 2009, page 47) in Section 62 is vetoed and has been vetoed previously.

The Veto Messages are attached for each item referenced above.
Sincerely,
/s/ Sonny Perdue
SP/jb
Attachments
cc: The Honorable Thurbert E. Baker, Attorney General The Honorable Cathy Cox, Secretary of State of Georgia The Honorable Jack Hill, Chairman, Senate Appropriations Committee The Honorable Tom Buck, Chairman, House Appropriations Committee Mr. Robert E. Rivers, Jr., Clerk, House of Representatives Mr. Frank Eldridge, Jr., Secretary of Senate Mr. Sewell R. Brumby, Legislative Counsel Mr. Robert Hobbs, Legislative Budget Analyst Mr. Kevin Fillion, Senate Budget Office

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.

THURSDAY, MARCH 25, 2004 Representative Hall, Atlanta, Georgia
Thursday, March 25, 2004

2645

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 Bannister Barnard Black Boggs Bridges Brock Brooks Broome E Bruce Buck Buckner, D Burkhalter Butler Campbell Casas Chambers Channell Childers E Coan Coleman, B Cooper Crawford Cummings

E Day Deloach Dooley Dukes Elrod Epps Fleming Floyd, J Fludd Forster Franklin Gardner Graves, D Graves, T Greene Hanner Harper Heard, J Heard, K Heath
E Heckstall Hembree Hill, C.A Hines

Howard Jackson James Jamieson Jenkins, C.F Keen Knox Lewis Lord Manning Marin Martin Maxwell McBee McCall Millar Mills Mitchell Moraitakis Mosby Mosley Murphy, J Murphy, Q Noel

Oliver, B Oliver, M O'Neal Parham Parrish Parsons Powell Randall Reece, B Reece, S Rice Richardson Roberts, J Roberts, L Rogers, C Rogers, Ch. Royal Rynders Scott Shaw Sheldon Sholar Sinkfield Skipper

Smith, B Smith, L Smith, P Smith, T Smith, V Stephens, E Stephens, R Stokes Stoner Teilhet Teper Walker, L Warren Watson Westmoreland White Wilkinson Willard Williams, A Williams, E Williams, R E Wix Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 100th; Ashe of the 42nd, Post 2; Barnes of the 84th, Post 2; Beasley-Teague of the 48th, Post 2; Birdsong of the 104th; Bordeaux of the 125th; Borders of the 142nd; Brown of the 89th; Buckner of the 82nd; Bunn of the 63rd; Dean of the 49th; Dodson of the 84th, Post 1; Dollar of the 31st; Ehrhart of the 28th; Floyd of the 69th, Post 2; Golick of the 34th, Post 3; Greene-Johnson of the 60th, Post 3; Harbin of the 80th; Harrell of the 54th; Henson of the 55th; Hill of the 81st; Holmes of the 48th, Post 1; Hudson of the 95th; Hugley of the 113th; Jenkins of the 93rd; Jones of the 38th; Jordan of the 83rd; Joyce of the 2nd; Lane of the 101st; Lucas of the 105th; Lunsford of the 85th, Post 2; Mangham of the 62nd; McClinton of the 59th, Post 1; Purcell of the 122nd; Ralston of the 6th; Ray of the 108th; Sailor of the 61st, Post 1; Sims of the 130th; Smyre of the 111th; Stanley-Turner of the 43rd, Post 2; Stephenson of the

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JOURNAL OF THE HOUSE

60th, Post 1; Thomas of the 43rd, Post 1; Thompson of the 69th, Post 1; Walker of the 71st, Post 1; and Yates of the 85th, Post 1.
They wish to be recorded as present.

Prayer was offered by Dr. F. Hugh Kirby, Pastor, First Baptist Church, Hartwell, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1 assumed the Chair.

Representative Dukes of the 136th, Vice-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.

The Speaker assumed the Chair.

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.

THURSDAY, MARCH 25, 2004

2647

By unanimous consent, the following Bill and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 1834. By Representatives Stephens of the 124th, Post 2, Williams of the 128th, Jackson of the 124th, Post 1 and Bordeaux of the 125th:
A BILL to amend Code Section 36-91-21 of the Official Code of Georgia Annotated, relating to competitive award requirements, so as to provide for an optional bidding preference for local businesses with respect to local government contracts that are subject to competitive bidding procedures; and for other purposes.

Referred to the Committee on Governmental Affairs.

HR 1759. By Representatives Manning of the 32nd, McCall of the 78th and Hanner of the 133rd:
A RESOLUTION recognizing that plasma arc is a technology that represents renewable energy production in the State of Georgia; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HR 1760. By Representatives Martin of the 37th and Burkhalter of the 36th:
A RESOLUTION creating the House Georgia Technology Authority Study Committee; and for other purposes.

Referred to the Committee on Governmental Affairs.

HR 1761. By Representatives Greene of the 134th, Smyre of the 111th, Powell of the 23rd, Teper of the 42nd, Post 1 and Barnard of the 121st, Post 1:
A RESOLUTION creating the House Georgia Correctional Industries Study Committee; and for other purposes.

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JOURNAL OF THE HOUSE

Referred to the Committee on Rules.

HR 1762. By Representatives Purcell of the 122nd, Mosley of the 129th, Post 1, Keen of the 146th, Stephens of the 123rd, DeLoach of the 127th and others:
A RESOLUTION urging the director of the Environmental Protection Division of the Department of Natural Resources to revoke forthwith the ground-water withdrawal permit held by the bankrupt Durango Georgia Paper Company for its idle plant in St. Marys and to consider lifting the moratorium on the issuance of a new ground-water withdrawal permits in the 24 county area in the Atlantic coastal and southeastern region of this state based upon the results of scientific investigation of the condition of groundwater resources in that area; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

By unanimous consent, the following Bills of the House were read the second time:
HB 1832 HB 1833

Representative Childers of the 13th District, Post 1, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
Your Committee on Health and Human Services has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 179 Do Pass, by Substitute SB 502 Do Pass, by Substitute

Respectfully submitted, /s/ Childers of the 13th, Post 1
Chairman

THURSDAY, MARCH 25, 2004

2649

Representative Oliver of the 56th District, Post 2, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 594 Do Pass, by Substitute

Respectfully submitted, /s/ Oliver of the 56th, Post 2
Chairman

Representative Hanner of the 133rd District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 459 Do Pass SB 568 Do Pass

Respectfully submitted, /s/ Hanner of the 133rd
Chairman

Representative Greene of the 134th District, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

2650 SB 423 Do Pass

JOURNAL OF THE HOUSE

Respectfully submitted, /s/ Greene of the 134th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 1538 Do Pass HB 1814 Do Pass HB 1815 Do Pass HB 1816 Do Pass HB 1817 Do Pass HB 1818 Do Pass HB 1819 Do Pass HB 1820 Do Pass HB 1821 Do Pass

HB 1822 Do Pass HB 1823 Do Pass HB 1824 Do Pass, by Substitute HB 1827 Do Pass HB 1828 Do Pass HB 1829 Do Pass HB 1830 Do Pass HB 1831 Do Pass SB 615 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

Representative Smith of the 13th District, Post 2, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 843 Do Pass

THURSDAY, MARCH 25, 2004
Respectfully submitted, /s/ Smith of the 13th, Post 2
Chairman

2651

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR THURSDAY, MARCH 25, 2004

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 37th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

SR 781 SR 797 SR 829

Designate; Alan Jackson Highway; Coweta County Designate; George W. Potts Highway; Coweta County Designate; Billy Jiles Memorial Highway; Carroll/Coweta County

DEBATE CALENDAR

HR 563
SB 198
SB 243
SB 253 SB 401 SB 426
SB 439
SB 449
SB 489 SB 555
SR 651

Mental illness and suicide in youth; urge screening of children and adolescents Criminal Records; nation-wide background checks; child care and elder care providers including volunteers with youth activities Ga. Emergency Operations Plan; unified incident command system; training emergency response personnel Teachers Retirement; University System employees; optional plan Milk products; Grade A Pasteurized Milk Ordinance Recommendations Peace Officers; basic training; preservice admittance; requirements; provisions Criminal reproduction; film piracy; immunity for detention due to suspicion Registered Public Accountants; certification as CPA; repeal certain provisions Rules of the road; buses/motorcoaches; HOV lanes; exception Nonprofit Corporations; provide notice by electronic transmission; definitions Public property; conveyance; grant utility easements; 13 counties

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SR 652

Public property; conveyances

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

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

HB 1538. By Representatives Lunsford of the 85th, Post 2, Yates of the 85th, Post 1, Watson of the 60th, Post 2, Maddox of the 59th, Post 2, Barnes of the 84th, Post 2 and others:
A BILL to provide for a homestead exemption from certain Henry County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

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

HB 1814. By Representatives Rogers of the 15th, Hill of the 16th, Knox of the 14th, Post 1, Murphy of the 14th, Post 2, Franklin of the 17th and others:
A BILL to authorize Cherokee County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the 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.

THURSDAY, MARCH 25, 2004

2653

HB 1815. By Representatives Rogers of the 15th, Hill of the 16th, Lewis of the 12th, Murphy of the 14th, Post 2, Knox of the 14th, Post 1 and others:
A BILL to amend an Act reincorporating and re-creating the City of Woodstock, so as to change the corporate limits of the city; and for other purposes.

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

HB 1816. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to provide for an advisory referendum election to be held in Brantley County for the purpose of submitting to the qualified voters of the county the question of the manner in which the county should cause the collection and disposal of the county's residential waste; and for other purposes.

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

HB 1817. By Representatives Elrod of the 25th and Massey of the 24th:
A BILL to reconstitute the law governing the Jackson County School System; to provide for the repeal of the amendment to the Constitution providing for matters regarding the selection and service of members of the board of education of Jackson County and the school superintendent; to provide for matters regarding the future selection and service of members of the board of education of Jackson County and the school superintendent; 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.

HB 1818. By Representative Hudson of the 95th:

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JOURNAL OF THE HOUSE
A BILL to provide a new charter for the Town of Mitchell; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; and for other purposes.

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

HB 1819. By Representative Crawford of the 91st:
A BILL to amend an Act creating the board of commissioners of Pike County, so as to clarify the duties, powers, and qualifications of the county manager; to provide for vacancies in the office of county manager; and for other purposes.

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

HB 1820. By Representatives Harbin of the 80th and Fleming of the 79th:
A BILL to provide that certain officials of Columbia County who have served at least 15 years in office may, upon leaving office, continue to participate in the county health insurance program by paying the total cost of such participation; and for other purposes.

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

HB 1821. By Representatives Keen of the 146th, Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Williams of the 128th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from Glynn County School District ad valorem taxes for educational purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the

THURSDAY, MARCH 25, 2004

2655

deceased spouse; to allow such exemption to continue to be received by that unremarried surviving spouse; and for other purposes.

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

HB 1822. By Representatives Ralston of the 6th and Lewis of the 12th:
A BILL to amend an Act to reconstitute the Pickens County Board of Education, so as to provide for certain per diem payments for members of the board; and for other purposes.

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

HB 1823. By Representatives Martin of the 37th, Burkhalter of the 36th, Jones of the 38th and Campbell of the 39th:
A BILL to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, so as to change the provisions relating to the compensation of the mayor and councilmembers; to provide for a referendum; to provide a contingent effective date; and for other purposes.

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

HB 1824. By Representative Cummings of the 19th:
A BILL to provide for a homestead exemption from City of Rockmart ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city age 65 and older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; and for other purposes.

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The following Committee substitute was read and adopted:

A BILL
To provide for a homestead exemption from City of Rockmart ad valorem taxes for municipal purposes in the amount of $12,000.00 of the assessed value of the homestead for residents of that city age 65 and older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Rockmart and ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of the City of Rockmart age 65 and older is granted an exemption on that persons homestead from City of Rockmart ad valorem taxes for municipal purposes in the amount of $12,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the governing authority of the City of Rockmart, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Rockmart, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Rockmart, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Rockmart, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption.

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(e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2005.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Rockmart shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Rockmart for approval or rejection. The municipal election superintendent shall conduct that election at the time of the general election in November, 2004, and shall issue the call and conduct that election as provided by general law. The municipal superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Polk County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from City of Rockmart ad valorem taxes for municipal purposes in the
( ) NO amount of $12,000.00 of the assessed value of the homestead for residents of that city age 65 and older?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2005. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Rockmart. It shall be the municipal election superintendents duty to certify the result thereof to the Secretary of State.
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

HB 1827. By Representatives Jones of the 38th, Murphy of the 14th, Post 2 and Knox of the 14th, Post 1:
A BILL to amend an Act creating the Board of Commissioners of Forsyth County, so as to change provisions relating to the compensation and expenses payable to the board of commissioners; to provide that such compensation and expenses may be established by the board under the procedures established by general law; and for other purposes.

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

HB 1828. By Representatives Morris of the 120th, Parrish of the 102nd, Barnard of the 121st, Post 1, Oliver of the 121st, Post 2 and DeLoach of the 127th:
A BILL to amend an Act to provide a new charter for the City of Metter, so as to change provisions relating to the powers and duties of the mayor; to provide for a council-manager form of government; to provide for a city manager; to provide for the duties of the city manager; and for other purposes.

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

HB 1829. By Representative Jenkins of the 8th:
A BILL to amend an Act reincorporating the City of Clayton, so as to change and extend the corporate limits of said city; and for other purposes.

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

HB 1830. By Representatives Harper of the 88th, Post 2 and Butler of the 88th, Post 1:

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A BILL to amend an Act creating a charter for the City of Carrollton, so as to provide for the levy of a school tax by the mayor and council of the City of Carrollton for that city's independent school system and for limitations relating thereto; and for other purposes.

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

HB 1831. By Representatives Martin of the 37th, Jones of the 38th and Burkhalter of the 36th:
A BILL to create the Alpharetta Building Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership of the authority and the members' terms of office, qualifications, duties, powers, ethical obligations, and compensation; and for other purposes.

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

SB 615. By Senator Starr of the 44th:
A BILL to be entitled an Act to provide a homestead exemption from City of Forest Park ad valorem taxes for municipal purposes; to provide that the amount of such exemption shall be $50,000.00 of the assessed value of the homestead in 2004, $100,000.00 of the assessed value of the homestead in 2005, and $150,000.00 of the assessed value of the homestead in 2006 and subsequent years; to provide that such exemptions shall be available to all residents of the city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

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By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

On the passage of the Bills, the roll call was ordered and the vote was as follows:

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

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

Y Hill, C.A Y Hill, V Y Hines Y Holmes
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
Joyce Y Keen
Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford
Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall McClinton Y Millar Y Mills

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper
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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates Coleman, Speaker

On the passage of the Bills, the ayes were 153, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representatives Beasley-Teague of the 48th, Post 2 and Mangham of the 62nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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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 resolution of the Senate:
SR 942. By Senator Smith of the 52nd:
A RESOLUTION honoring Admiral John Henry Towers and authorizing the placing of his portrait in the state capitol; and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 356. By Senator Meyer von Bremen of the 12th:
A BILL to be entitled an Act to provide for a registry of offsetting reductions in greenhouse gases obtained by carbon sequestration; to provide legislative findings and declarations; to amend Chapter 6 of Title 12 of the O.C.G.A., relating to forest resources and other plant life, so as to enact the Georgia Carbon Sequestration Registry Act; to provide a short title; to define certain terms; to establish the Georgia Carbon Sequestration Registry; to provide for purposes of the registry; to provide for functions; to provide for procedures and protocols; to provide for construction; to provide for voluntary participation; to provide for reporting procedures; to provide for standardized forms and software; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
The Senate has disagreed to the House substitute to the following bill of the Senate:
SB 496. By Senators Hill of the 4th, Harp of the 16th, Harbison of the 15th and Crotts of the 17th:
A BILL to be entitled an Act to amend Part 3 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the adjutant general and other executives, so as to provide that the adjutant general may appoint officers of the organized militia as deputy assistant adjutants general; to provide that such deputy adjutant generals shall be of field rank or general officer rank; to repeal conflicting laws; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:

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HB 1095. By Representative Harbin of the 80th:
A BILL to amend Code Section 27-4-33 of the Official Code of Georgia Annotated, relating to spearing of fish, so as to authorize the taking of certain fish by spearing in certain waters of the state; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 1549. By Representatives Bridges of the 7th, O`Neal of the 117th, Purcell of the 122nd, Burkhalter of the 36th, Buck of the 112th and others:
A BILL to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for special license plates supporting Rotary International; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 158. By Representatives Day of the 126th and Stephens of the 123rd:
A BILL to amend Code Section 3-2-30 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue, so as to provide that certain special agents and enforcement officers of said department who leave such department as a result of a disability arising in the line of duty may retain their weapons and badges upon leaving the department; to amend Code Section 271-16 of the Official Code of Georgia Annotated, relating to the establishment of a unit of conservation rangers within the Department of Natural Resources; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies; to amend Code Section 48-11-19 of the Official Code of Georgia Annotated; and for other purposes.
HB 677. By Representatives Smith of the 87th, Greene of the 134th, Royal of the 140th, Westmoreland of the 86th, Golick of the 34th, Post 3 and others:
A BILL to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection through state income tax refunds, so as to provide for setoff of a state income tax refund due an individual against debt to the Department of Corrections for probation fees or debt to another for restitution ordered by a court as part of the sentence after conviction of a crime in certain circumstances; and for other purposes.

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HB 865. By Representatives Hill of the 16th and McBee of the 74th:
A BILL to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Funk Heritage/Bennett Center at Reinhardt College as Georgia's official Frontier and Southeastern Indian Interpretive Center; and for other purposes.
HB 1223. By Representative Jamieson of the 22nd:
A BILL to provide a new charter for the City of Homer; and for other purposes.
HB 1258. By Representatives Ehrhart of the 28th and Bannister of the 70th, Post 1:
A BILL to amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, the "Georgia Minimum Wage Law," so as to preempt certain wage and employment benefit mandates by local government entities; and for other purposes.
HB 1277. By Representatives Drenner of the 57th, Manning of the 32nd, McCall of the 78th, Buckner of the 109th, Smith of the 87th and others:
A BILL to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, so as to prohibit the installation of certain irrigation systems without rain sensor shut-off switches; and for other purposes.
HB 1363. By Representatives Broome of the 141st, Post 2, Sholar of the 141st, Post 1 and Greene of the 134th:
A BILL to create a board of elections and registration for Decatur County and provide for its powers and duties; and for other purposes.
HB 1391. By Representatives Westmoreland of the 86th, Porter of the 119th, Royal of the 140th, Richardson of the 26th and Mills of the 67th, Post 2:
A BILL to amend Code Section 48-5-126.1 of the Official Code of Georgia Annotated, relating to training requirements for tax collectors and tax commissioners, so as to revise and change such requirements; to provide that the Department of Motor Vehicle Safety and organizations of affiliated tax officials may conduct creditable training; and for other purposes.

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HB 1394. By Representatives Harbin of the 80th, Powell of the 23rd, McBee of the 74th, Heard of the 75th and DeLoach of the 127th:
A BILL to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to provide that students, teachers, or other persons who serve as athletic trainers for a public or private elementary school or high school in this state must be licensed as an athletic trainer; to provide an exception for a student-trainer, assistant-trainer, or similar person who functions under the advice, consent, and supervision of a physician or a licensed athletic trainer; and for other purposes.
HB 1410. By Representatives Hembree of the 46th, Richardson of the 26th, Mills of the 67th, Post 2, Borders of the 142nd, Sims of the 130th and others:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for an exclusion from state income taxation with respect to certain organ donation expenses; and for other purposes.
HB 1459. By Representatives Borders of the 142nd, Jamieson of the 22nd, Porter of the 119th, Keen of the 146th, Williams of the 4th and others:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding compensation of dealers for reporting and paying sales and use taxes and motor fuel taxes; to change certain provisions regarding the levy of motor fuel taxes; to change certain provisions regarding licensing of certain fuel or gas distributors; and for other purposes.
HB 1499. By Representatives Keen of the 146th, Dodson of the 84th, Post 1 and Harper of the 88th, Post 2:
A BILL to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for the issuance of motor vehicle liability insurance, so as to reduce the amount of advance payment for coverage from the first 60 days of coverage to the first 30 days of coverage; and for other purposes.
HB 1507. By Representatives O`Neal of the 117th, Parrish of the 102nd, Royal of the 140th and Buck of the 112th:
A BILL to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, and Title 48 of the Official Code of Georgia

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Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding venture capital; to provide for the substantial revision of the Seed-Capital Fund; and for other purposes.
HB 1511. By Representatives McClinton of the 59th, Post 1, Royal of the 140th and Ashe of the 42nd, Post 2:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption with respect to sales of certain tangible personal property used in direct connection with the construction of certain symphony halls; and for other purposes.
HB 1529. By Representatives O`Neal of the 117th, Burkhalter of the 36th, Parrish of the 102nd, Stephens of the 124th, Post 2 and Morris of the 120th:
A BILL to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," Title 12 of the Official Code of Georgia Annotated, Code Section 20-3-84 of the Official Code of Georgia Annotated, Article 6 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, Chapter 7 of Title 45 of the Official Code of Georgia Annotated, Title 48 of the Official Code of Georgia Annotated, Code Section 49-5-241 of the Official Code of Georgia Annotated, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the name of the Department of Industry, Trade, and Tourism to the Department of Economic Development; to change the name of the Board of Industry, Trade, and Tourism to the Board of Economic Development; and for other purposes.
HB 1531. By Representative Birdsong of the 104th:
A BILL to amend an Act providing for the election of members of the Board of Education of Twiggs County, so as to change the method of filling vacancies in the offices of chairperson and board members; and for other purposes.
HB 1572. By Representative Jenkins of the 8th:
A BILL to amend an Act reincorporating the City of Dillard, so as to change and extend the corporate limits of the city; and for other purposes.
HB 1676. By Representative Heath of the 18th:

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A BILL to create the Haralson County School Building Authority and to provide for the appointment of members of the authority; and for other purposes.
HB 1680. By Representative McCall of the 78th:
A BILL to amend an Act creating the office of tax commissioner of Elbert County, so as to change the provisions relating to compensation for that office; and for other purposes.
HB 1682. By Representative McCall of the 78th:
A BILL to amend an Act placing the clerk of the Superior Court and judge of the Probate Court of Elbert County upon an annual salary, so as to change the provisions relating to the salaries of such officers; and for other purposes.
HB 1683. By Representative McCall of the 78th:
A BILL to amend an Act regarding the compensation of the sheriff of Elbert County, so as to change the provisions relating to the salary of such officer; and for other purposes.
HB 1724. By Representatives Stephens of the 124th, Post 2, Stephens of the 123rd, Jackson of the 124th, Post 1, Bordeaux of the 125th and Day of the 126th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Thunderbolt ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.
HB 1725. By Representatives Day of the 126th, Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1 and Stephens of the 124th, Post 2:
A BILL to amend an Act providing for a base year assessed value homestead exemption from the City of Vernonburg ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.
HB 1726. By Representatives Day of the 126th, Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1 and Stephens of the 124th, Post 2:

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A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Tybee Island ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.
HB 1727. By Representatives Stephens of the 123rd, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Port Wentworth ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.
HB 1728. By Representatives Stephens of the 123rd, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Bloomingdale ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.
HB 1729. By Representatives Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Savannah ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.
HB 1731. By Representatives Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from Chatham County and City of Savannah School District ad valorem taxes for educational purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.

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HB 1732. By Representatives Stephens of the 123rd, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Pooler ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.
HB 1733. By Representatives Day of the 126th, Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and others:
A BILL to amend an Act providing for a base year assessed value homestead exemption from Chatham County ad valorem taxes for county purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.
HB 1734. By Representatives Heckstall of the 48th, Post 3, Holmes of the 48th, Post 1 and Fludd of the 48th, Post 4:
A BILL to create the City of East Point Charter Commission; and for other purposes.
HB 1747. By Representative Jenkins of the 8th:
A BILL to make certain findings and determinations with respect to a certain transaction in which Rabun County acquired certain hospital facilities from the Woodlands Foundation, Inc.; to determine that said transaction is impossible to undo and that the transaction is therefore excused from compliance with Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to acquisition of hospitals; to provide that no review by the Attorney General shall be required in connection with such transaction; and for other purposes.

By unanimous consent, the following Resolution of the Senate was read the first time and referred to the Committee:

SR 942. By Senator Smith of the 52nd:

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A RESOLUTION honoring Admiral John Henry Towers and authorizing the placing of his portrait in the state capitol; and for other purposes.

Referred to the Committee on Rules.

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

Representative Brooks of the 47th arose to a point of personal privilege and addressed the House.

Representative Mills of the 67th, Post 2 arose to a point of personal privilege and addressed the House.

Representative Barnes of the 84th, Post 2 arose to a point of personal privilege and addressed the House.

Representative Oliver of the 56th, Post 2 arose to a point of personal privilege and addressed the House.

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

HR 1650. By Representatives Stephens of the 124th, Post 2, Jackson of the 124th, Post 1, Bordeaux of the 125th, Stephens of the 123rd and Day of the 126th:
A RESOLUTION commending Anthony R. James and inviting him to appear before the House of Representatives; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

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HR 563. By Representatives Drenner of the 57th, Benfield of the 56th, Post 1, Henson of the 55th, Gardner of the 42nd, Post 3 and Dooley of the 33rd, Post 3:
A RESOLUTION recognizing mental illness and suicide in youth as state public health crises and encouraging evidence based initiatives to screen children and adolescents for mental disorders in order to identify illness and prevent suicide among youth; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION
Recognizing mental illness and suicide in youth as state public health crises and encouraging evidence based initiatives to screen children and adolescents for mental disorders in order to identify illness and prevent suicide among youth; and for other purposes.
WHEREAS, over the past 20 years, advances in scientific research have changed the way we think about childrens mental health, and we have learned that the same mental disorders that afflict adults can also occur in children and adolescents; and
WHEREAS, scientific research has also demonstrated that early identification and treatment of mental disorders in youth greatly increases a child or adolescents prognosis; and
WHEREAS, in January, 2001, the United States Surgeon General noted that while one in ten youth in the United States suffers from mental illness severe enough to cause some level of impairment, only one in five of such children and adolescents receives needed mental health treatment; and
WHEREAS, the World Health Organization has reported that neuropsychiatric disorders in youth will rise by over 50 percent by 2020, making such disorders one of the top five causes of disability, morbidity, and mortality among children and adolescents; and
WHEREAS, psychological autopsy studies have found that 90 percent of youth who commit suicide have depression or another diagnosable mental or substance abuse disorder at the time of death, verifying that a link between mental illness and suicide does exist; and
WHEREAS, in 1999, the United States Surgeon General first recognized that mental illness and substance abuse disorders are, in fact, the greatest risk factors for suicidal

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behavior, and properly identifying and treating mental illness and substance abuse disorders are important parts of suicide prevention activities; and
WHEREAS, the Centers for Disease Control and Prevention recently reported that, in 2000, suicide was the third leading cause of death among youth 15 to 24 years of age; and
WHEREAS, the Substance Abuse and Mental Health Services Administration recently reported that, in 1999, almost three million youth were at risk for suicide but only 36 percent received mental health treatment; and
WHEREAS, the Centers for Disease Control and Prevention also reported that each year in the United States almost as many adolescents and young adults commit suicide as they do die from all natural causes, such as leukemia, birth defects, pneumonia and influenza, and AIDS, combined; and
WHEREAS, in January, 2001, the United States Surgeon General issued a goal to "improve the assessment and recognition of mental health needs in children" in part by "encouraging early identification of mental health needs in existing preschool, child care, education, health, welfare, juvenile justice, and substance abuse treatment systems"; and
WHEREAS, several states have recognized mental illness and suicide in youth as public health crises, some prior to the United States Department of Health and Human Services initiative, and as of today the majority of states has either developed or is in the process of developing plans to identify mental illness and prevent suicide among youth; and
WHEREAS, the efforts, initiatives, and activities of the federal and state governments should be used to support evidence based practices for identifying mental illness in youth and preventing suicide among this population.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that it is the sense of this body that mental illness and suicide in youth are state public health crises and that the Governor, the General Assembly, the Department of Community Health, the Department of Human Resources, the Department of Education, and the Department of Juvenile Justice should make the identification of mental disorders and the prevention of suicide among youth a public health priority.
BE IT FURTHER RESOLVED that it is the sense of this body that screening for mental illness in order to prevent mental illness and prevent suicide be included in a health risk inventory given to children.
BE IT FURTHER RESOLVED that it is the sense of this body that such a screening and identification process should employ sound, evidence based tools.

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BE IT FURTHER RESOLVED that it is the sense of this body that all middle school and high school age youth should have equal access to these initiatives without stigma.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to

On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe N 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 Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister
Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

Y 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
Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch.
Royal 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, by substitute, the ayes were 154, nays 2.

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2673

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Due to a mechanical malfunction, the vote of Representative Royal of the 140th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Jenkins of the 93rd 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.

SB 439. By Senators Seabaugh of the 28th, Starr of the 44th, Adelman of the 42nd and Hamrick of the 30th:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as to create a new offense relating to film piracy; to amend Article 4 of Chapter 7 of Title 51 of the Official Code of Georgia Annotated, relating to detention or arrest on suspicion of shoplifting, so as to provide immunity for detention due to suspicion of film piracy; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brock Y Brooks

E Day Dean
Y Deloach Dix
Y Dodson Dollar Dooley
Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming
Floyd, H Y Floyd, J

Y Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

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

2674
Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Fludd Y Forster Y Franklin Y Gardner E Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K Y Heath E Heckstall Y Hembree Y Henson Y Hill, C

Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills

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

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

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 449. By Senators Seabaugh of the 28th and Balfour of the 9th:
A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the O.C.G.A., relating to accountants, so as to repeal certain provisions relating to registered public accountants; to provide that public accountants shall upon application be certificated as certified public accountants; to remove references to registered public accountants; to amend Chapter 40 of Title 43 of the O.C.G.A., relating to real estate brokers and salespersons; to amend Article 13 of Chapter 1 of Title 7 of the O.C.G.A., relating to licensing of mortgage lenders and mortgage brokers, to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL

THURSDAY, MARCH 25, 2004

2675

To amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to repeal certain provisions relating to registered public accountants; to provide that public accountants shall be certificated as certified public accountants; to change certain provisions relating to the membership of the State Board of Accountancy; to remove references to registered public accountants; to change certain provisions relating to use of titles and devices, false or fraudulent claims, and regulation of solicitation of employment; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to remove references to registered public accountants; to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, so as to remove references to registered public accountants; to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against health and morals, so as to remove references to registered public accountants; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, is amended by striking subsection (b) of Code Section 43-3-3, relating to the members of the State Board of Accountancy, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The board shall consist of seven members, to be appointed by the Governor with the approval of the Senate. Each member of the board shall be a resident of this state. Five Six members of the board shall be certified public accountants, and one member shall be a registered public accountant, all of whom shall hold a permit to practice public accounting issued under Code Section 43-3-24. One member shall be appointed from the public at large and shall be a person to whom neither this state nor any other state has ever issued a certificate, registration, license, or permit to engage in the practice of public accounting. The person serving on the board on June 30, 2004, as a registered public accountant member of the board shall serve the remainder of the term to which such person was appointed as one of the certified public accountant members of the board."
SECTION 2. Said chapter is further amended by striking Code Section 43-3-13, relating to requirements for certificate of "registered public accountant," and inserting in its place the following:
"43-3-13. Notwithstanding any other provision of this chapter, on and after July 1, 2004, each registered public accountant who holds a live permit and who is in good standing shall

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be certificated as a certified public accountant. On and after July 1, 2004, the board shall not consider any application for a certificate of registered public accountant."
SECTION 3. Said chapter is further amended by repealing and reserving Code Section 43-3-14, relating to examinations for registered public accountants; Code Section 43-3-16, relating to certificate holder as "registered public accountant," list of registered public accountants, and periodic registration; Code Section 43-3-18, relating to reciprocity for registered public accountants; and Code Section 43-3-19, relating to persons holding registered public accountant certificates as of July 1, 1977.
SECTION 4. Said chapter is further amended by striking subsection (b) of Code Section 43-3-21, relating to registration requirements for firms of public accountants or certified public accountants, by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively, and by striking subsection (a) and inserting in its place the following:
"(a) A firm practicing public accountancy in this state shall register with the board as a firm of certified public accountants, provided it meets the following requirements:
(1) Each partner, member, or shareholder of the firm shall be a certified or registered public accountant of some state in good standing; (2) The firm shall be in compliance with all requirements and provisions of state law governing the organizational form of the firm; (3) The firm shall comply with all regulations pertaining to firms registered with the board; and (4) The resident manager of the office of the firm and each partner, member, or shareholder thereof personally engaged within this state in the practice of public accountancy shall be a certified or registered public accountant of this state in good standing."
SECTION 5. Said chapter is further amended by striking subsection (a) and paragraph (1) of subsection (b) of Code Section 43-3-24, relating to issuance of permits to practice accountancy and issuance of temporary permits to nonresidents, and inserting in their place the following:
"(a) A permit to engage in the practice of public accountancy in this state shall be issued by the division director, at the direction of the board, to each person who is certificated as a certified public accountant under Code Sections 43-3-6 through 43-312, registered as a public accountant under Code Sections 43-3-13 through 43-3-19, or registered as a foreign accountant under Code Section 43-3-20 who shall have furnished evidence, satisfactory to the board, of compliance with the requirements of Code Section 43-3-25, and to individuals and firms registered under Code Section 43-3-21, provided that such entities are maintained and registered as required under Code

THURSDAY, MARCH 25, 2004

2677

Sections 43-3-21 and 43-3-23. There shall be a biennial permit fee in an amount to be determined by the board."
"(1) An applicant for a temporary permit under this subsection shall show that he or she is duly licensed and authorized to practice as a certified public accountant or as a firm of certified public accountants or the equivalent in another state or as a registered public accountant or as a firm of registered public accountants or the equivalent in another state and shall give the name of each person who will be engaged in the practice of public accounting in this state in the performance of the professional engagement which is the subject of the application;"
SECTION 6. Said chapter is further amended by striking subsection (a) of Code Section 43-3-25, relating to continuing professional education requirements, and inserting in its place the following:
"(a) Every application for renewal of a live permit by any individual who is and has been certificated as a certified public accountant, registered as a registered public accountant, or registered as a foreign accountant by this state for one year or more shall be accompanied or supported by such evidence as the board shall prescribe of satisfactory completion of continuing professional education as provided in this Code section, provided that the board may relax or suspend requirements of continuing professional education in instances where an applicants health requires it or in instances of individual hardship."
SECTION 7. Said chapter is further amended by striking the introductory language of subsection (a) of Code Section 43-3-28, relating to revocation, suspension, or refusal to renew certificate, registration, or permit and immunity, and inserting in its place the following:
"(a) After notice and hearing as provided in Code Section 43-3-30, the board may revoke or suspend any certification issued under Code Sections 43-3-6 through 43-3-12 or a registration issued under Code Sections 43-3-13 through 43-3-19 or under Code Section 43-3-20 or may revoke, suspend, or refuse to renew any live permit or may censure the holder of any such permit for any cause which the board may deem sufficient, including, without limiting the generality of the foregoing, any one or any combination of the following causes:"
SECTION 8. Said chapter is further amended by striking subsections (c) and (d) of Code Section 43-335, relating to use of titles or devices, false or fraudulent claims, and regulation of solicitation of employment, by redesignating subsections (f), (g), (h), and (i) as subsections (d), (e), (f), and (g), respectively, and by striking subsection (e) and inserting in its place the following:
"(e)(c) No individual, firm, or any other person or entity shall assume or use: (1) any title or designation likely to be confused with 'certified public accountant,' or 'public

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accountant,' including, without limiting the generality of the foregoing, 'certified accountant,' 'enrolled accountant,' 'licensed accountant,' 'licensed public accountant,' or 'registered accountant'; or (2) any abbreviation likely to be confused with 'C.P.A.,' or 'P.A.,' including, without limiting the generality of the foregoing, 'C.A.,' 'E.A.,' 'R.A.,' 'L.A.,' or 'L.P.A.,' provided that nothing in this subsection shall be construed to prohibit the use of the abbreviation 'P.A.' in accordance with Chapter 10 of Title 14, 'The Georgia Professional Association Act,' or Chapter 7 of Title 14, the 'Georgia Professional Corporation Act,' or any abbreviation authorized by Chapter 11 of Title 14, the 'Georgia Limited Liability Company Act'; and, provided, further, that a foreign accountant registered under Code Section 43-3-20 who holds a live permit and all of whose offices in this state for the practice of public accountancy are maintained and registered as required under Code Sections 43-3-21 and 43-3-23 may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received his or her certificate, license, or degree."
SECTION 9. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking paragraph (14) of subsection (a) of Code Section 43-40-29, relating to exceptions to operation of chapter, and inserting in its place the following:
"(14) A licensed certified public accountant or registered public accountant acting solely as an incident to the practice of public accounting."
SECTION 10. Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, is amended by striking paragraph (2) of Code Section 7-1-1000, relating to definitions, and inserting in its place the following:
"(2) 'Audited financial statement' means the product of the examination of financial statements in accordance with generally accepted auditing standards by an independent certified public accountant or by an independent Georgia registered public accountant considered acceptable by the department, which product consists of an opinion on the financial statements indicating their conformity with generally accepted accounting principles."
SECTION 11. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against health and morals, is amended by striking subsection (j) of Code Section 16-1222.1, relating to raffles operated by nonprofit, tax-exempt organizations, and inserting in its place the following:
"(j) On or before April 15 of each year, every nonprofit, tax-exempt organization engaged in operating raffles shall file with the sheriff a report disclosing all receipts and expenditures relating to the operation of raffles in the previous year. The report shall be

THURSDAY, MARCH 25, 2004

2679

in addition to all other reports required by law. The report shall be prepared and signed by a certified or registered public accountant competent to prepare such a report and shall be deemed a public record subject to public inspection."
SECTION 12. Said chapter is further amended by striking Code Section 16-12-59, relating to annual report to be filed with the director of the Georgia Bureau of Investigation by bingo game operators, and inserting in its place the following:
"16-12-59. On or before April 15 of each year, every nonprofit, tax-exempt organization engaged in operating bingo games shall file with the director a report disclosing all receipts and expenditures relating to the operation of bingo games in the previous year. The report shall be in addition to all other reports required by law. The report shall be prepared and signed by a certified or registered public accountant competent to prepare such a report and shall be deemed a public record subject to public inspection."
SECTION 13. This Act shall become effective on July 1, 2004.
SECTION 14. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Jamieson of the 22nd, was read and adopted:

A BILL
To amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to repeal certain provisions relating to registered public accountants; to provide that public accountants shall be certificated as certified public accountants; to change certain provisions relating to the membership of the State Board of Accountancy; to remove references to registered public accountants; to change certain provisions relating to use of titles and devices, false or fraudulent claims, and regulation of solicitation of employment; to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to provide for applicability of such chapter with respect to cosmetology training programs operated by the Department of Corrections, the instructors of such programs, or inmates enrolled in such programs; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to remove references to registered public accountants; to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, so as to

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remove references to registered public accountants; to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against health and morals, so as to remove references to registered public accountants; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, is amended by striking subsection (b) of Code Section 43-3-3, relating to the members of the State Board of Accountancy, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The board shall consist of seven members, to be appointed by the Governor with the approval of the Senate. Each member of the board shall be a resident of this state. Five Six members of the board shall be certified public accountants, and one member shall be a registered public accountant, all of whom shall hold a permit to practice public accounting issued under Code Section 43-3-24. One member shall be appointed from the public at large and shall be a person to whom neither this state nor any other state has ever issued a certificate, registration, license, or permit to engage in the practice of public accounting. The person serving on the board on June 30, 2004, as a registered public accountant member of the board shall serve the remainder of the term to which such person was appointed as one of the certified public accountant members of the board."
SECTION 2. Said chapter is further amended by striking Code Section 43-3-13, relating to requirements for certificate of "registered public accountant," and inserting in its place the following:
"43-3-13. Notwithstanding any other provision of this chapter, on and after July 1, 2004, each registered public accountant who holds a live permit and who is in good standing shall be certificated as a certified public accountant. On and after July 1, 2004, the board shall not consider any application for a certificate of registered public accountant."
SECTION 3. Said chapter is further amended by repealing and reserving Code Section 43-3-14, relating to examinations for registered public accountants; Code Section 43-3-16, relating to certificate holder as "registered public accountant," list of registered public accountants, and periodic registration; Code Section 43-3-18, relating to reciprocity for registered public accountants; and Code Section 43-3-19, relating to persons holding registered public accountant certificates as of July 1, 1977.

THURSDAY, MARCH 25, 2004

2681

SECTION 4. Said chapter is further amended by striking subsection (b) of Code Section 43-3-21, relating to registration requirements for firms of public accountants or certified public accountants, by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively, and by striking subsection (a) and inserting in its place the following:
"(a) A firm practicing public accountancy in this state shall register with the board as a firm of certified public accountants, provided it meets the following requirements:
(1) Each partner, member, or shareholder of the firm shall be a certified or registered public accountant of some state in good standing; (2) The firm shall be in compliance with all requirements and provisions of state law governing the organizational form of the firm; (3) The firm shall comply with all regulations pertaining to firms registered with the board; and (4) The resident manager of the office of the firm and each partner, member, or shareholder thereof personally engaged within this state in the practice of public accountancy shall be a certified or registered public accountant of this state in good standing."
SECTION 5. Said chapter is further amended by striking subsection (a) and paragraph (1) of subsection (b) of Code Section 43-3-24, relating to issuance of permits to practice accountancy and issuance of temporary permits to nonresidents, and inserting in their place the following:
"(a) A permit to engage in the practice of public accountancy in this state shall be issued by the division director, at the direction of the board, to each person who is certificated as a certified public accountant under Code Sections 43-3-6 through 43-312, registered as a public accountant under Code Sections 43-3-13 through 43-3-19, or registered as a foreign accountant under Code Section 43-3-20 who shall have furnished evidence, satisfactory to the board, of compliance with the requirements of Code Section 43-3-25, and to individuals and firms registered under Code Section 43-3-21, provided that such entities are maintained and registered as required under Code Sections 43-3-21 and 43-3-23. There shall be a biennial permit fee in an amount to be determined by the board."
"(1) An applicant for a temporary permit under this subsection shall show that he or she is duly licensed and authorized to practice as a certified public accountant or as a firm of certified public accountants or the equivalent in another state or as a registered public accountant or as a firm of registered public accountants or the equivalent in another state and shall give the name of each person who will be engaged in the practice of public accounting in this state in the performance of the professional engagement which is the subject of the application;"

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SECTION 6. Said chapter is further amended by striking subsection (a) of Code Section 43-3-25, relating to continuing professional education requirements, and inserting in its place the following:
"(a) Every application for renewal of a live permit by any individual who is and has been certificated as a certified public accountant, registered as a registered public accountant, or registered as a foreign accountant by this state for one year or more shall be accompanied or supported by such evidence as the board shall prescribe of satisfactory completion of continuing professional education as provided in this Code section, provided that the board may relax or suspend requirements of continuing professional education in instances where an applicants health requires it or in instances of individual hardship."
SECTION 7. Said chapter is further amended by striking the introductory language of subsection (a) of Code Section 43-3-28, relating to revocation, suspension, or refusal to renew certificate, registration, or permit and immunity, and inserting in its place the following:
"(a) After notice and hearing as provided in Code Section 43-3-30, the board may revoke or suspend any certification issued under Code Sections 43-3-6 through 43-3-12 or a registration issued under Code Sections 43-3-13 through 43-3-19 or under Code Section 43-3-20 or may revoke, suspend, or refuse to renew any live permit or may censure the holder of any such permit for any cause which the board may deem sufficient, including, without limiting the generality of the foregoing, any one or any combination of the following causes:"
SECTION 8. Said chapter is further amended by striking subsections (c) and (d) of Code Section 43-335, relating to use of titles or devices, false or fraudulent claims, and regulation of solicitation of employment, by redesignating subsections (f), (g), (h), and (i) as subsections (d), (e), (f), and (g), respectively, and by striking subsection (e) and inserting in its place the following:
"(e)(c) No individual, firm, or any other person or entity shall assume or use: (1) any title or designation likely to be confused with 'certified public accountant,' or 'public accountant,' including, without limiting the generality of the foregoing, 'certified accountant,' 'enrolled accountant,' 'licensed accountant,' 'licensed public accountant,' or 'registered accountant'; or (2) any abbreviation likely to be confused with 'C.P.A.,' or 'P.A.,' including, without limiting the generality of the foregoing, 'C.A.,' 'E.A.,' 'R.A.,' 'L.A.,' or 'L.P.A.,' provided that nothing in this subsection shall be construed to prohibit the use of the abbreviation 'P.A.' in accordance with Chapter 10 of Title 14, 'The Georgia Professional Association Act,' or Chapter 7 of Title 14, the 'Georgia Professional Corporation Act,' or any abbreviation authorized by Chapter 11 of Title 14, the 'Georgia Limited Liability Company Act'; and, provided, further, that a foreign accountant registered under Code Section 43-3-20 who holds a live permit and all of

THURSDAY, MARCH 25, 2004

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whose offices in this state for the practice of public accountancy are maintained and registered as required under Code Sections 43-3-21 and 43-3-23 may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received his or her certificate, license, or degree."
SECTION 9. Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, is amended by adding a new Code section at the end thereof, to be designated Code Section 43-10-20, to read as follows:
"43-10-20. (a) For the purposes of this chapter, the teachers and instructors of and courses of instruction or training in cosmetology operated by the Department of Corrections shall be considered to be subject to the same standards and to be part of the cosmetology programs that are approved by the Department of Technical and Adult Education or the Department of Education. (b) The board shall be required to test an inmate who is an applicant for a certificate of registration under this chapter who has completed successfully a cosmetology training program operated by the Department of Corrections. If such inmate passes the applicable written and practical examinations, the board shall issue the appropriate certificate of registration to such inmate."
SECTION 10. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking paragraph (14) of subsection (a) of Code Section 43-40-29, relating to exceptions to operation of chapter, and inserting in its place the following:
"(14) A licensed certified public accountant or registered public accountant acting solely as an incident to the practice of public accounting."
SECTION 11. Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, is amended by striking paragraph (2) of Code Section 7-1-1000, relating to definitions, and inserting in its place the following:
"(2) 'Audited financial statement' means the product of the examination of financial statements in accordance with generally accepted auditing standards by an independent certified public accountant or by an independent Georgia registered public accountant considered acceptable by the department, which product consists of an opinion on the financial statements indicating their conformity with generally accepted accounting principles."
SECTION 12. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses

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against health and morals, is amended by striking subsection (j) of Code Section 16-1222.1, relating to raffles operated by nonprofit, tax-exempt organizations, and inserting in its place the following:
"(j) On or before April 15 of each year, every nonprofit, tax-exempt organization engaged in operating raffles shall file with the sheriff a report disclosing all receipts and expenditures relating to the operation of raffles in the previous year. The report shall be in addition to all other reports required by law. The report shall be prepared and signed by a certified or registered public accountant competent to prepare such a report and shall be deemed a public record subject to public inspection."
SECTION 13. Said chapter is further amended by striking Code Section 16-12-59, relating to annual report to be filed with the director of the Georgia Bureau of Investigation by bingo game operators, and inserting in its place the following:
"16-12-59. On or before April 15 of each year, every nonprofit, tax-exempt organization engaged in operating bingo games shall file with the director a report disclosing all receipts and expenditures relating to the operation of bingo games in the previous year. The report shall be in addition to all other reports required by law. The report shall be prepared and signed by a certified or registered public accountant competent to prepare such a report and shall be deemed a public record subject to public inspection."
SECTION 14. This Act shall become effective on July 1, 2004.
SECTION 15. 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, by substitute.

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

E Day Dean
Y Deloach Dix
Y Dodson Dollar
Y Dooley Y Douglas Y Drenner Y Dukes

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B

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 Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, MARCH 25, 2004

Y Ehrhart Y Elrod Y Epps Y Fleming
Floyd, H Y Floyd, J Y Fludd Y Forster
Franklin Y Gardner E Golick
Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath E Heckstall Y Hembree Y Henson Y Hill, C

Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills

Y Oliver, M Y O'Neal Y Orrock Y Parham
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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

2685
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
Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Manning of the 32nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

SR 651. By Senators Thomas of the 2nd, Tolleson of the 18th, Crotts of the 17th, Kemp of the 46th, Smith of the 52nd and others:
A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities and ingress and egress, in, on, over, under, upon, across, or through property owned by the State of Georgia in Burke, Chatham, Clarke, Cobb, Dougherty, Gilmer, Gwinnett, Houston, Floyd, Jasper, Liberty, Meriwether, and Union Counties, Georgia; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, 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 Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

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

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham
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 Roberts, J Y Roberts, L Y Rogers, C Y 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 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
Watson E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 161, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

SR 652. By Senators Thomas of the 2nd, Harp of the 16th, Smith of the 52nd, Golden of the 8th, Kemp of the 3rd and others:

THURSDAY, MARCH 25, 2004

2687

A RESOLUTION authorizing the conveyance of certain State owned real property located in Bartow County, Georgia; in Chatham County, Georgia; in Cobb County, Georgia; in Coffee County, Georgia; in Floyd County, Georgia; in Glynn County, Georgia; in Harris County, Georgia; in Lowndes County, Georgia; in Meriwether County, Georgia; in Stephens County, Georgia; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

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 Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

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

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham
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 Roberts, J Y Roberts, L Y Rogers, C Y 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 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 E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

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JOURNAL OF THE HOUSE

On the adoption of the Resolution, the ayes were 159, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

SB 401. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to milk and milk products, so as to change certain provisions relating to standards and requirements generally; to repeal conflicting laws; and for other purposes.

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

On the passage of the Bill, 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 Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
Channell Y Childers Y Coan

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

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

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham
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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders

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 E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E

Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, MARCH 25, 2004

E Heckstall Y Hembree Y Henson Y Hill, C

Y McCall Y McClinton Y Millar Y Mills

Sailor Y Scott Y Shaw Y Sheldon

2689
Y Williams, R E Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 489. By Senators Mullis of the 53rd, Williams of the 19th, Smith of the 52nd and Zamarripa of the 36th:
A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of the roadway, overtaking and passing, and following too closely, so as to amend the definition of the term "truck"; to provide that buses and motorcoaches being operated on multilane highways shall operate only in certain lanes; to provide an exception for buses and motorcoaches moving to and from HOV lanes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following substitute, offered by Representatives Smith of the 13th, Post 2, Barnes of the 84th, Post 2 and Floyd of the 132nd was read and adopted:

A BILL
To amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions of motor vehicles and traffic, so as to amend the definition of "authorized emergency vehicle"; to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of the roadway, overtaking and passing, and following too closely, so as to amend the definition of the term "truck"; to provide that buses and motorcoaches being operated on multilane highways shall operate only in certain lanes; to provide an exception for buses and motorcoaches moving to and from HOV lanes; to provide that the Department of Transportation in cooperation with the State Road and Tollway Authority may implement high occupancy toll lanes in HOV lanes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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JOURNAL OF THE HOUSE

SECTION 1. Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions of motor vehicles and traffic, is amended by striking paragraph (5) of Code Section 40-1-1, relating to definitions, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) 'Authorized emergency vehicle' means a motor vehicle belonging to a public utility corporation or operated by the Department of Transportation and designated as an emergency vehicle by the Department of Public Safety; a motor vehicle belonging to a fire department or a certified private vehicle belonging to a volunteer firefighter or a fire-fighting association, partnership, or corporation; an ambulance; or a motor vehicle belonging to a federal, state, or local law enforcement agency, provided such vehicle is in use as an emergency vehicle by one authorized to use it for that purpose."
SECTION 2. Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of the roadway, overtaking and passing, and following too closely, is amended by striking subsection (a) of Code Section 40-6-52, relating to trucks using multilane highways, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) As used in this Code section, the term 'truck' means any vehicle equipped with more than six wheels, except buses and motorcoaches."
SECTION 3. Said article is further amended by adding a new Code Section 40-6-53 to read as follows:
"40-6-53. (a) On roads, streets, or highways with three or more lanes allowing for movement in the same direction, it shall be unlawful for any bus or motorcoach to operate in any lanes other than the two most right-hand lanes, except when the bus or motorcoach is preparing for a left turn, is moving to or from an HOV lane, or as otherwise provided by subsection (c) of this Code section. (b) On roads, streets, or highways with two lanes allowing for movement in the same direction, it shall be unlawful for any bus or motorcoach to operate in the left-hand lane, except when the bus or motorcoach is actually overtaking and passing another vehicle, preparing for a left turn, or as otherwise provided by subsection (c) of this Code section. (c) On interstate highways with four or more lanes allowing for movement in the same direction, the Department of Transportation may designate specific lanes that either prohibit or allow buses or motorcoaches. Where such usage has been so designated and indicated by signs erected by the Department of Transportation, it shall be unlawful for any bus or motorcoach to operate in any lanes other than those designated for its use except when moving to or from an HOV lane.

THURSDAY, MARCH 25, 2004

2691

(d) When moving to or from an HOV lane, a bus or motorcoach shall move to the proper lanes of travel expeditiously and in the shortest distance possible under the circumstances."
SECTION 4. Said article is further amended by striking Code Section 40-6-54, relating to designation of travel lanes, and inserting in lieu thereof a new Code Section 40-6-54 to read as follows:
"40-6-54. (a) The Department of Transportation may designate travel lanes on any road in the state highway system for the exclusive use of certain vehicles, as provided in Code Section 32-9-4; provided, however, that where such designation has been made, the road shall be appropriately marked with signs or other roadway markers or markings to inform the traveling public of the restrictions imposed. (b) Any person who violates subsection (b) of Code Section 32-9-4 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine:
(1) Not to exceed $75.00 for the first such offense; (2) Not to exceed $100.00 for the second such offense; (3) Not to exceed $150.00 for the third such offense; and (4) Not to exceed $150.00 plus one point on such persons drivers license as provided for under Code Section 40-5-57 for the fourth or subsequent offense. (c) In the prosecution of an offense committed in the presence of or witnessed by a law enforcement officer whether by direct observation or as recorded through means of video surveillance, either by magnetic imaging or photographic copy, of failure to obey a road sign restricting a highway or portion thereof to the use of high occupancy vehicles (HOV), proof that the vehicle described in the HOV violation summons was operated in violation of this Code section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall constitute evidence as a rebuttable presumption that such registered owner of the vehicle was the person committing the violation. Notwithstanding any other provision of this subsection to the contrary, said rebuttable presumption shall be overcome if the owner of said vehicle states, under oath, in open court, that he or she was not the operator of the vehicle at the time the alleged offense occurred. (d) The General Assembly finds and declares that the development, improvement, and use of exclusive or preferential high occupancy vehicle lanes, emergency vehicle lanes, and truck lanes or routes should be undertaken in order to relieve congestion and increase the efficiency of the federal-aid highway system. The Department of Transportation in cooperation with the State Road and Tollway Authority is hereby authorized to implement high occupancy toll (HOT) lanes where appropriate in qualifying HOV lanes. A 'HOT lane' is a designated lane which allows single occupancy vehicles to gain access to HOV lanes by paying a toll set by the State Road and Tollway Authority. The department may design and develop a system of HOT lanes which uses value pricing and lane management. 'Value pricing' recognizes the

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JOURNAL OF THE HOUSE

need to vary the road user charge according to the levels of congestion and time of day; and 'lane management' restricts access to the designated HOT lanes based on occupancy, vehicle type, or other objective which would maximize the efficiency of the federal-aid highway system."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

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

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
Boggs Y Bordeaux
Borders Y Bridges Y Brock Y Brooks
Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers

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

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

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal

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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L
Walker, R.L Y Warren Y Watson E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A

Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, MARCH 25, 2004

Y Heath E Heckstall Y Hembree Y Henson Y Hill, C

Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Rynders Sailor
Y Scott Shaw
Y Sheldon

2693
Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Greene-Johnson of the 60th, Post 3 stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate's disagreeing to the House amendment to the Senate substitute thereto:

HB 709. By Representatives Ashe of the 42nd, Post 2, Holmes of the 48th, Post 1, McClinton of the 59th, Post 1 and Smyre of the 111th:
A BILL to amend Code Section 48-8-6 of the Official Code of Georgia Annotated, relating to limitations and restrictions on certain local taxes, so as to provide that certain taxes shall be excluded in computing the limitation on the total amount of local sales and use taxes which may be levied; to provide certain exemptions from certain local sales and use taxes; and for other purposes.

Representative Royal of the 140th moved that the House insist on its position in amending the Senate substitute to HB 709 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:

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JOURNAL OF THE HOUSE

Representatives Royal of the 140th, Stanley-Turner of the 43rd, Post 2 and Ashe of the 42nd, Post 2.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time:

SB 426. By Senators Tolleson of the 18th, Hamrick of the 30th and Kemp of the 46th:
A BILL to be entitled an Act to amend Code Section 35-8-8 of the Official Code of Georgia Annotated, relating to requirements for appointment or certification of persons as peace officers, so as to change a provision relating to fingerprint based criminal record investigation; to provide for requirements for preservice admittance to a basic training course; to repeal conflicting laws; and for other purposes.

The following amendments were read and adopted:

Representative Franklin of the 17th et al. moves to amend SB 426 by striking lines 1 through 4 of page 1 and inserting in their place the following:
"To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to change certain provisions regarding requirements for appointment or certification of persons as peace officers; to change certain provisions regarding training requirements for retired peace officers; to repeal conflicting laws;"
By striking lines 8, 9, and 10 of page 1 and inserting in their place the following:
"Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, is amended by striking Code Section 35-88, relating to requirements for appointment or certification of persons as peace officers, and inserting in its place a new Code Section 35-8-8 to read as follows:"
By striking line 26 of page 2 and inserting in its place the following:
"subsection (a) of this Code section.'"
By inserting between lines 26 and 27 of page 2 the following:

THURSDAY, MARCH 25, 2004

2695

"SECTION 1A. Said chapter is further amended in Code Section 35-8-21, relating to training requirements for peace officers, by striking subsection (f) and inserting in its place a new subsection (f) to read as follows:
'(f) Any person who is registered or certified with the council as a retired peace officer is excused and exempt from compliance with this Code section. A retired peace officer may voluntarily comply with the requirements of this Code section and, in that event, such retired peace officer shall receive such minimal annual training without payment of any fees or costs, but only if sufficient class space is available. Nothing in this subsection shall be deemed to grant an exemption to persons required to complete the annual training requirement of this Code section.'"

Representative Teilhet of the 34th, Post 2 moves to amend SB 426 by striking "To" at the beginning of line 1 of page 1 and inserting in its place the following:
"To amend Code Section 35-1-10 of the Official Code of Georgia Annotated, relating to training in the investigation of family violence incidents, so as to provide for peace officer training in the investigation of sexual offense cases; to"
By adding after line 6 of page 1 the following:
"SECTION 1. Code Section 35-1-10 of the Official Code of Georgia Annotated, relating to training in the investigation of family violence incidents, is amended by striking said Code section in its entirety and inserting in its place the following:
'35-1-10. (a) The Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center shall establish guidelines and procedures for the incorporation of training materials and information in:
(1) Methods methods for identifying, combating, and reporting family violence incidents; and (2) Methods for identifying and reporting sexual offenses and assisting victims of sexual offenses. (b) The guidelines and procedures listed in subsection (a) of this Code section shall be for use by law enforcement training centers monitored by the Georgia Peace Officer Standards and Training Council and monitored and funded by the Georgia Public Safety Training Center in all courses for which they have responsibility and oversight.'"
By redesignating Sections 1 and 2 as Sections 2 and 3, respectively.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

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

Y Amerson 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 Y Brown E Bruce Y Buck Y Buckner, D
Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper
Crawford Y Cummings

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

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

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

On the passage of the Bill, as amended, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

THURSDAY, MARCH 25, 2004

2697

The following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
SB 427. By Senators Hamrick of the 30th, Meyer von Bremen of the 12th and Lee of the 29th:
A BILL to be entitled an Act to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, and Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to change a member on the Criminal Justice Coordinating Council from the chairperson of the Georgia Organized Crime Prevention Council to the director of homeland security; to discontinue the Organized Crime Prevention Council; to provide provisions for certain insurance for law enforcement personnel while on temporary assignment or loan to other law enforcement agencies for criminal investigative purposes; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, and Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to change a member on the Criminal Justice Coordinating Council from the chairperson of the Georgia Organized Crime Prevention Council to the director of homeland security; to discontinue the Organized Crime Prevention Council; to revise provisions relating to certain insurance for employees of district attorneys; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking paragraph (1) of subsection (a) of Code Section 356A-3, relating to membership and vacancies on the Criminal Justice Coordinating Council, and inserting in lieu thereof the following:
"(1) The chairperson of the Georgia Peace Officer Standards and Training Council, the chairperson of the Georgia Organized Crime Prevention Council director of homeland security, the chairperson of the Judicial Council of Georgia, the chairperson

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of the Prosecuting Attorneys Council of the State of Georgia, the commissioner of corrections, the chairperson of the Board of Corrections, the vice chairperson of the Board of Public Safety, the chairman chairperson of the State Board of Pardons and Paroles, the State School Superintendent, the commissioner of community affairs, the president of the Council of Juvenile Court Judges, the chairperson of the Georgia Public Defender Standards Council, the chairperson of the Children and Youth Coordinating Council, and the commissioner of juvenile justice or their designees shall be ex officio members of the council, as full voting members of the council by reason of their office; and".
SECTION 2. Said title is further amended by repealing and reserving Chapter 7, relating to the Organized Crime Prevention Council.
SECTION 3. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking Code Section 45-9-3, relating to law enforcement personnel serving on temporary assignment, and inserting in lieu thereof the following:
"45-9-3. Law enforcement personnel who are participants in any program coordinated and administered by the Georgia Organized Crime Prevention Council, which program provides for the temporary assignment or loan of local law enforcement personnel to other local law enforcement agencies for the purpose of such law enforcement officers serving as undercover agents in criminal investigations or in any other manner or capacity assisting such local agencies in criminal investigations, may be provided protection against personal liability for damages sustained by third parties and arising out of the performance of such law enforcement personnels duties while serving on such temporary assignment or loan. The commissioner of administrative services shall prescribe the terms and conditions under which such personnel may be covered by any liability insurance policy or contract of indemnity or other like or similar programs administered by the commissioner pursuant to this article to provide such protection, provided that persons Personnel employed by the district attorneys of the state, irrespective of the source of the funds used to pay such persons, shall be allowed to purchase policies of liability insurance and contracts of indemnity insurance and for the purpose of this article shall be considered to be state employees personnel, may be covered by any liability insurance policy or contract of indemnity, reimbursement, or other like or similar programs administered by the commissioner pursuant to this article and, for the purpose of this article, such personnel employed by a district attorney shall be considered to be state employees. The commissioner of administrative services shall prescribe the terms and conditions under which any liability insurance policy or contract of indemnity, reimbursement, or other like or similar programs administered by the commissioner pursuant to this article shall be made available to personnel employed by a district attorney. The cost of such liability insurance policy or contract

THURSDAY, MARCH 25, 2004

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of indemnity, reimbursement, or other like or similar programs shall be paid by the Prosecuting Attorneys Council of the State of Georgia out of such funds as may be appropriated to or otherwise available for the operations of district attorneys."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The 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
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 Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan

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

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

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

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 Y 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 Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E

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Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

E Heckstall Y Hembree Y Henson
Hill, C

Y McCall Y McClinton Y Millar Y Mills

Y Sailor Y Scott Y Shaw Y Sheldon

Y Williams, R E Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 243. By Senators Smith of the 52nd, Mullis of the 53rd, Bowen of the 13th, Tolleson of the 18th, Kemp of the 46th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide that the Georgia Emergency Management Agency shall establish and maintain a standardized, verifiable, performance-based unified incident command system; to provide for the development of and instruction in such command system; to provide for the implementation of such command system; to provide penalties for local agencies that do not establish such command system by December 31, 2004; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide for certain state government safety plans; to provide for exemptions; to provide for a program of training and technical assistance; to exempt certain records from public inspection and disclosure; to provide that the Georgia Emergency Management Agency shall establish and maintain a standardized, verifiable, performance-based unified incident command system; to provide for the development of and instruction in such command system; to provide for the implementation of such command system; to provide penalties for local agencies that do not establish such command system by October 1, 2004; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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2701

SECTION 1. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by inserting a new Code section to read as follows:
"38-3-22.1. (a) Every state agency or authority, except those exempted in subsection (b) of this Code section, shall prepare an agency safety plan to address the threat of terrorism, to respond effectively to such incidents, and to provide a safe environment for state personnel and for those citizens conducting business with state agencies. In addition to acts of terrorism, such plan shall also address preparedness for natural disasters, hazardous materials or radiological accidents, and acts of violence. The safety plans of agencies and authorities shall be prepared with input from the appropriate supervisors and rank-and-file employees and local law enforcement, fire service, public safety, and emergency management agencies. Such plans shall be reviewed internally and, if necessary, updated annually. Such plans shall be submitted to the local emergency management agency. (b) The Department of Public Safety, the Department of Corrections, and any other state agency which operate secured facilities shall be exempt from the requirements of subsection (a) of this Code section. (c) Subject to the availability of funds for such purpose, the Georgia Emergency Management Agency shall provide training and technical assistance to agencies and authorities and may provide such training and technical assistance to local units of government and to critical facilities operated by the private sector. Such training and technical assistance shall include, but not be limited to, crisis response team development, site surveys and safety audits, crisis management planning, exercise design, safe school planning, emergency operations planning, search and seizure, bomb threat management, and model safety plans. (d) The following records shall not be subject to public inspection or disclosure under Article 4 of Chapter 18 of Title 50:
(1) Site surveys, safety audits, and vulnerability assessments performed pursuant to subsection (a) of this Code section; and (2) Any other record produced pursuant to this Code section the disclosure of which would, in the determination of the director of the Georgia Emergency Management Agency, endanger the life or physical safety of any person or persons or the physical safety of any public property."
SECTION 2. Said chapter is further amended by adding a new Code Section 38-3-57 to read as follows:
"38-3-57. (a) The Georgia Emergency Management Agency shall establish and maintain, in collaboration with all appropriate state agencies and volunteer organizations with emergency support function roles, and professional organizations that represent local public safety agencies, including the Emergency Management Association of Georgia,

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the Georgia Association of Police Chiefs, the Georgia Fire Chiefs Association, and the Georgia Sheriffs Association, a standardized, verifiable, performance-based unified incident command system. (b) Such system shall be consistent with the Georgia Emergency Operations Plan and shall be utilized in response to emergencies and disasters referenced in the Georgia Emergency Operations Plan, including Presidentially declared disasters and states of emergency issued by the Governor. (c) The Georgia Emergency Management Agency, in cooperation with the Georgia Public Safety Training Center and the Georgia Forestry Commission, shall develop or adopt a course of instruction for use in training and certifying emergency response personnel in unified incident command. (d) All local public safety and emergency response organizations, including emergency management agencies, law enforcement agencies, fire departments, and emergency medical services, shall implement the standardized unified incident command system provided for in subsection (a) of this Code section by October 1, 2004. (e) Local agencies that have not established such system by October 1, 2004, shall not be eligible for state reimbursement for any response or recovery related expenses."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Boggs of the 145th moves to amend the Committee substitute to SB 243 by adding after the semicolon on line 4 of page 1 the following:
"to provide for an Airport Anti-Terrorism Training Committee and the training of airport managers;".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively, and inserting a new Section 2 to read as follows:
"SECTION 2. Said chapter is further amended by inserting a new Code section to read as follows:
'38-3-22.2. (a) As used in this Code section, the term:
(1) "Airport Anti-Terrorism Training Committee" means a committee composed of five members: one appointed by and to serve at the pleasure of the Homeland Security Director; one appointed by and to serve at the pleasure of the director of emergency management; one appointed by and to serve at the pleasure of the commissioner of transportation; one appointed by and to serve at the pleasure of the State Board of

THURSDAY, MARCH 25, 2004

2703

Technical and Adult Education; and one appointed by and to serve at the pleasure of the commissioner of public safety. (2) "Airport manager" means, with respect to each airport located in this state, the person who serves as manager, serves as general manager, or otherwise serves as the chief administrative officer of such airport. If for any airport, there is more than one person who may fit such definition, the local government, authority, or company operating such airport shall designate one such person as its airport manager for purposes of this Code section. (b) The Airport Anti-Terrorism Training Committee shall establish and maintain an annual training program for persons who serve as airport managers. It shall be unlawful for any person to serve as an airport manager in this state unless such person is in compliance with rules and regulations of the Airport Anti-Terrorism Training Committee implementing this Code section. Such rules and regulations: (1) Shall require each airport manager in this state to complete 14 hours of initial training and eight hours of annual training thereafter, with the first training to be completed in calendar year 2004; (2) Shall establish the curriculum of such annual training; (3) May provide for exemption from or delay of the annual training otherwise required in cases of providential cause or hardship; and (4) May provide for exemption from the annual training otherwise required for airport managers who demonstrate that they have or will otherwise obtain the competencies taught in the annual training curriculum. (c) The Airport Anti-Terrorism Training Committee shall by agreement or contract arrange for the annual training required under this Code section to be administered by the Georgia Aviation Technical College under the jurisdiction of the State Board of Technical and Adult Education. (d) The tuition costs of providing such training may be paid in whole or in part from funds appropriated or otherwise available to any department represented on the Airport Anti-Terrorism Training Committee or may be paid in whole or in part by the airport managers being trained or any combination thereof, as established by the Airport AntiTerrorism Training Committee.'"

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

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

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

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

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L
Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott
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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M
Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SR 781. By Senators Seabaugh of the 28th, Lee of the 29th and Hamrick of the 30th:
A RESOLUTION designating the Alan Jackson Highway; and for other purposes.

THURSDAY, MARCH 25, 2004

2705

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

SR 797. By Senator Seabaugh of the 28th:
A RESOLUTION honoring George William Potts and designating the George W. Potts Highway; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

SR 829. By Senators Hamrick of the 30th and Dean of the 31st:
A RESOLUTION designating the Billy Jiles Memorial Highway; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolutions, the ayes were 134, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, MARCH 25, 2004

Mr. Speaker and Members of the House:
Your Committee on Rules has met and submits the following supplemental to the calendar already adopted this March 25, 2004, by adding the following:

SB 337

Civil Actions; habeas corpus procedures; statute of limitations; filing petitions, jurisdiction

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SB 456 SB 531 SB 535

School Readiness, Office; change name to Bright from the Start; revise reference Industry, Trade, and Tourism, Dept; acquire personal property; general prov. State Commission on Family Violence; extend the date to cease to exist

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 531. By Senators Seabaugh of the 28th, Mullis of the 53rd and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to the Department of Industry, Trade, and Tourism, so as to authorize the Department of Industry, Trade, and Tourism to acquire personal property with no mandatory requirement that the department proceed through the Department of Administrative Services; to provide for certain other procedures, conditions, qualifications, limitations, and restrictions; to provide for certain exemptions from Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to the Department of Industry, Trade, and Tourism, so as to authorize the Department of Industry, Trade, and Tourism to acquire personal

THURSDAY, MARCH 25, 2004

2707

property with no mandatory requirement that the department proceed through the Department of Administrative Services; to provide for certain other procedures, conditions, qualifications, limitations, and restrictions; to provide for certain exemptions from Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; to provide that the Governor shall have the authority to direct the Department of Industry, Trade, and Tourism to acquire real property and construct, operate, and maintain certain projects in the development of commerce and trade; to define certain terms; to provide that the department may enter into lease and rental agreements, with the approval of the State Properties Commission, in furtherance of such goals; to provide that the department shall not convey an estate in any such property without approval; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to the Department of Industry, Trade, and Tourism, is amended by striking Code Section 50-7-8, relating to additional duties and powers of the board, and inserting in its place the following:
"50-7-8. The board shall also have the following duties and powers:
(1) To conduct and make such surveys and investigations, to gather and compile such information, and to make and prepare such reports, plans, and maps as may be necessary or proper effectually to discharge the duties and exercise the powers of the board enumerated in this article; (2) To engage in and promote and encourage research designed to further new and more extensive uses of the agricultural and natural resources or other products or resources of the state and designed to develop new products and industrial processes; (3) To study trends and developments in business, industry, and agriculture in the state and analyze such trends and developments and the reasons therefor; to study costs and other factors underlying the successful operation of businesses and industries in the state; and to make recommendations regarding circumstances promoting or hampering industrial or agricultural development; (4) To collect, compile, and publish periodically a census of business and industry in the state with the cooperation of other agencies, and to analyze and publish information relating to current conditions of business, industry, and agriculture in the state; (5) To compile, publish, and make available for distribution to interested persons the results of any and all studies, surveys, and investigations; any and all information gathered; and any and all reports made and plans and maps prepared; (6) To coordinate any of its activities, efforts, or functions with those of any other agency or agencies of the federal government, this state, other states, and local

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governments having duties, powers, or functions similar to those of the board, and to cooperate, counsel, and advise with such agencies; (7) To cooperate, counsel, and advise with and to encourage and promote coordination in the efforts of other organizations or groups within the state, public or private, engaged in publicizing the advantages, attractions, or resources of the state; (8) To cooperate, counsel, and advise with municipal, county, regional, or other local planning agencies in the state for the purpose of promoting coordination between the state and localities as to plans, policies, development of commerce, industry, or agriculture, publicity, and other related activities and functions; (9) To receive gifts, donations, or contributions from any person, firm, or corporation in furtherance of the services, purposes, duties, responsibilities, or functions vested in the board; (10) To authorize the Department of Industry, Trade, and Tourism in accordance with all applicable state laws to contract and make cooperative agreements, contracts, and rental agreements with the United States government; any county, municipality, or local government or any combination thereof; any public or private corporation or firm; any persons whatsoever; or any public authority, agency, commission, or institution, including agencies of state government for any of the services, purposes, duties, responsibilities, or functions vested in the board; and (11) To authorize the Department of Industry, Trade, and Tourism to participate with public and private groups, organizations, and businesses in joint advertising and promotional projects that promote the economic and tourist development of the State of Georgia and make efficient use of state appropriated advertising and promotional funds. In connection with such projects, the department may receive supplies, materials, equipment, services, and other personal property and intangible benefits. It may also issue licenses to others for the use of property in its custody or control, including intellectual property and other personal property, but may not become a joint owner. In acquisitions under this subsection, the department shall be exempt from the provisions of Chapter 5 of this title. By way of illustration and not limitation, the department may allow the use of its logo in advertising and on uniforms provided by cooperating entities for wear by department employees. The board shall adopt and amend its policies, regulations, rules, and procedures as necessary to implement this provision and shall not be subject to Chapter 13 of this title, the 'Georgia Administrative Procedure Act,' in doing so."
SECTION 2. Said article is further amended by inserting at the end thereof the following:
"50-7-16. (a) As used in this Code section, the term:
(1) 'Acquire' means the obtaining of a fee simple interest in real property by any method including, but not limited to, gift, purchase, condemnation, devise, court order, and exchange.

THURSDAY, MARCH 25, 2004

2709

(2) 'Lease' means a written instrument under the terms and conditions of which one party out of its own estate grants and conveys to another party or parties an estate for years retaining a reversion in itself after such grant and conveyance. (3) 'Person' means any individual; general or limited partnership; joint venture; firm; private, public, or public service corporation; association; authority; fiduciary; governmental body, instrumentality, or other organization of the state; county of the state; municipal corporation of the state; political subdivision of the state; governmental subdivision of the state; and any other legal entity doing business in the state. (4) 'Project' means a facility to be used in conjunction with trade, commerce, industry, manufacturing, or tourism in the state. (5) 'Rental agreement' means a written instrument the terms and conditions of which create the relationship of landlord and tenant. Under such relationship no estate passes out of the landlord and the tenant has only usufruct. (b) The Department of Industry, Trade, and Tourism is authorized to acquire real property and to construct, operate, and maintain such projects as are beneficial to the development of industry, trade, and tourism and to create economic and employment opportunities in the state. The department is authorized, with the approval of the State Properties Commission, to enter into agreements to lease, rent, or convey the real property of any such project with any person in order to accomplish such goals and upon such other terms and conditions as the department may determine to be necessary or convenient for such substantial public benefit and such consideration as may be determined by the department to be fair and equitable to the state under all the circumstances in accordance with the provisions of Article III, Section VI, Paragraph VI of the Constitution of Georgia, relating to gratuities. Subject to such principles, any such lease or rental agreement may be for and in consideration of a minimum of $1.00 annually for each calendar year or portion thereof paid in kind to the Office of Treasury and Fiscal Services and may arrange for the conveyance of such land for a fixed price, provided that such property be held, constructed, operated, maintained, expanded, or improved by the grantee and its successors and assigns consonant with the purposes of the project and other requirements of the department."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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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 Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

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

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 456. By Senators Lee of the 29th, Brush of the 24th, Shafer of the 48th and Smith of the 52nd:

THURSDAY, MARCH 25, 2004

2711

A BILL to be entitled an Act to amend Chapter 1A of Title 20 of the O.C.G.A., relating to the Office of School Readiness, so as to change the name of the Office of School Readiness to Bright From The Start: Georgias Office of Early Care and Education; to make the office a separate budget unit; to revise definitions; to change certain provisions relating to the director of the office; to add certain powers and duties of the office; to revise certain references for conformity purposes; to change references to Code Section 495-12 to 49-5-3 in certain Code sections in Titles 19 and 31 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Department of Early Care and Learning as successor to the Office of School Readiness; to provide for the duties and powers of such department; to provide that such department shall be a separate budget unit; to define terms; to provide for a board; to provide for members and their appointment, terms, vacancies, officers, expenses, and duties; to provide for rules and regulations; to provide for a commissioner and such officials appointment, compensation, and duties; to transfer to the department certain powers, duties, and functions relating to the regulation of child care and the quality of child care; to delete obsolete provisions; to protect the retirement rights of certain employees previously transferred; to provide for succession to rules, regulations, policies, procedures, and administrative orders of the Office of School Readiness; to provide for the transfer of assets and employees; to provide for succession to certain rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources and the Georgia Child Care Council; to provide for licensing, commissioning, and registration of day-care centers, family day-care homes, child care learning centers, and group day-care homes; to restrict the departments authority regarding the content of educational curriculum; to provide for exceptions; to provide for minimum space requirements; to provide for assistance in meeting the departments rules and regulations; to provide for temporary licenses, commissions, and registrations; to provide for refusal to issue a license, registration, or commission; to provide for display of licenses, registrations, and commissions; to provide for the application of the "Georgia Administrative Procedure Act"; to provide for inspection of early care and education programs; to provide for periodic reports; to provide for the misdemeanor offense of operating an early care and education program without a license, commission, or registration; to provide for injunctions; to provide for civil penalties, notice, opportunity to show in writing why a civil penalty should not be imposed, appeal, and collection; to

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authorize penalties for material misrepresentations, failure to provide access, failure to comply with licensing requirements, and violations; to provide for investigations; to provide for assessment of expenses; to provide for immunity; to provide for emergency monitors and procedures for orders and preliminary hearings; to authorize variances and waivers from rules and regulations; to provide for inspection warrants and the conditions for their issuance, the form and contents of such warrants, and to provide that evidence discovered pursuant to an inspection warrant is not competent as evidence in criminal proceedings; to provide for assistance from other state departments, agencies, officers, and employees; to authorize transfer of certain functions from the Department of Education; to provide for requirements relating to criminal records checks for directors and employees of centers; to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to redesignate and transfer to Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to the Office of School Readiness, provisions relating to the Georgia Child Care Council; to revise provisions relating to the membership of the council; to delete provisions relating to the director of the council, the councils attachment to the Department of Human Resources for administrative purposes, and funding for costs of the council; to provide that the council shall advise the Board and Commissioner of Early Care and Learning; to provide for duties of the lead agency and the department relating to federal funding and improvement of the quality, availability, and affordability of child care; to delete provisions relating to regulation of day-care centers, family day-care homes, and group day-care homes; to revise the duties of the Department of Human Resources relating to regulation of child-placing agencies, child-caring institutions, and maternity homes; to provide that commissioned child welfare agencies operate in accordance with the same rules and regulations as licensed child welfare agencies; to provide for refusing a license or commission to a child welfare agency; to delete a provision relating to employment of persons who have been convicted of specified offenses; to revise a provision relating to criminal records checks for emergency temporary employees, foster parents, and adults residing in a foster care home; to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards, Code Section 42-112 of the Official Code of Georgia Annotated, relating to registration of sexually violent predators, and Code Section 48-7-40.6 of the Official Code of Georgia Annotated, relating to tax credits for employers providing child care, in conformity with the creation of the new department and the transfer to it of duties relating to the regulation of child care; to amend various provisions of the Official Code of Georgia Annotated in conformity with the name of the new department; 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 20 of the Official Code of Georgia Annotated, relating to education, is amended by

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striking Chapter 1A, relating to the Office of School Readiness, and inserting in lieu thereof the following:
"CHAPTER 1A ARTICLE 1
20-1A-1. The Office of School Readiness Department of Early Care and Learning is created as a department of the executive branch of state government, and said office and shall have the duties, responsibilities, functions, powers, and authority set forth in this chapter and otherwise provided by law. The Office of School Readiness shall be assigned for administrative purposes only, as that term is defined in Code Section 50-4-3, to the Department of Education. The Department of Early Care and Learning is the successor to the Office of School Readiness and shall have the duties, responsibilities, functions, powers, authority, employees, office equipment, furniture, and other assets formerly held by the Office of School Readiness. The Department of Early Care and Learning shall be a separate budget unit.
20-1A-2. As used in this chapter, the term:
(1) 'Director' means the director of the Office of School Readiness. (2) 'Office' means the Office of School Readiness. (1) 'Board' means the Board of Early Care and Learning. (2) 'Child care learning center' means a day-care center that participates in Georgias Pre-K Program. (3) 'Commissioner' means the commissioner of the Department of Early Care and Learning. (4) 'Day-care center' means any place operated by a person, society, agency, corporation, institution, or group wherein are received for pay for group care for less than 24 hours per day, without transfer of legal custody, 19 or more children under 18 years of age. (5) 'Department' means the Department of Early Care and Learning. (6) 'Early care and education programs' include all family day-care homes, group day-care homes, day-care centers, and child care learning centers. (7) 'Early childhood' means the period of childhood from birth to age six. (8) 'Family day-care home' means a private residence operated by any person who receives therein for pay for supervision and care fewer than 24 hours per day, without transfer of legal custody, at least three but not more than six children under 18 years of age who are not related to such person and whose parents or guardians are not residents in the same private residence. (9) 'Group day-care home' means any place operated by any person or group wherein are received for pay not less than seven nor more than 18 children under 18 years of age for care and supervision for less than 24 hours per day.

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20-1A-3. (a) There is created a Board of Early Care and Learning and a commissioner of early care and learning. (b) The board shall consist of one member from each congressional district appointed by the Governor. In as far as it is practical, the members of the board shall be representative of all areas and functions encompassed within the early childhood care and education community. In appointing members to their initial terms, the Governor shall designate five members for two-year terms, four members for three-year terms, and four members for five-year terms. Subsequent appointments shall be for five-year terms. Members shall serve until their successors are appointed. In the event of a vacancy on the board for any reason other than expiration of a term, the Governor shall appoint a person from the same congressional district to fill the vacancy for the unexpired term. (c) The board shall elect from its members a chairperson and such other officers as the board considers necessary. The board shall adopt bylaws for the conduct of its activities. The members of the board shall receive per diem and expense reimbursement as shall be determined and approved by the Office of Planning and Budget in conformity with rates and allowances determined for members of other state boards. (d) The board shall determine policies and promulgate rules and regulations for the operation of the department including:
(1) Functions formerly performed by the Office of School Readiness, including, but not limited to, Even Start; (2) Functions transferred to the department from the Department of Human Resources relating to day-care centers, group day-care homes, family day-care homes, and other functions as agreed upon by the department and the Department of Human Resources in accordance with Code Section 20-1A-8; (3) Functions transferred to the department from the Georgia Child Care Council pursuant to Code Section 20-1A-63; and (4) Functions relating to early childhood education programs transferred from the Department of Education by agreement in accordance with Code Section 20-1A-17. (e) The board shall oversee the budget of the department and shall submit an annual request for funding to the Office of Planning and Budget in accordance with Code Section 45-12-78. (f) The commissioner shall be the chief administrative and executive officer of the office shall be the director, who department. The commissioner shall be appointed by and serve at the pleasure of the Governor. The director shall be responsible for the performance and exercise of the duties, responsibilities, functions, powers, and authority imposed upon the director and the office by law. The director commissioner shall be in the unclassified service of the state merit system and shall receive a salary to be determined by the Governor. (b)(g) The director commissioner shall have the authority to employ all personnel of the office department, subject to the provisions of this chapter, and all applicable

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provisions of other laws governing public employment, and the policies, procedures, rules, and regulations of the board. (c) The director shall promulgate rules and regulations and establish procedures to carry out the provisions of this chapter.
20-1A-4. The Office of School Readiness Department of Early Care and Learning shall have the following powers and duties:
(1) To administer such programs and services as may be necessary for the operation and management of voluntary pre-kindergarten, which shall be known as 'Georgias Pre-K Program'; (2) To administer such programs and services as may be necessary for the operation and management of preschool and child development programs, such as Even Start and child care regulation and food programs; (3) To act as the agent of the federal government in conformity with this chapter and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the office; and department; (4) To assist local units of administration in this state so as to assure the proliferation of services under this chapter; (5) To regulate early care and education programs in accordance with this chapter; (6) To perform the functions set out in Code Section 20-1A-64, relating to improvement of the quality, availability, and affordability of child care in this state; (7) To serve as the Head Start state collaboration office; (8) To perform any other functions as agreed upon between the department and the Department of Human Resources, pursuant to Code Section 20-1A-8; (9) To perform any other functions as agreed upon between the department and the Department of Education, in accordance with Code Section 20-1A-17; and (10) To exercise the powers reasonably necessary to accomplish the purposes of this chapter, including, but not limited to, contracting for services.
20-1A-5. (a) Effective April 15, 1996, the Office of School Readiness shall carry out all of the functions and exercise all of the powers formerly held by the Department of Education for the operation and management of the pre-kindergarten, Even Start, and child care food programs. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Education to perform these functions on April 14, 1996, shall, on April 15, 1996, be transferred to the Office of School Readiness. All office equipment, furniture, and other assets in possession of the Department of Education which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the Office of School Readiness on April 15, 1996. (b) Effective April 15, 1996, the Office of School Readiness shall carry out all of the functions and exercise all of the powers formerly held by the Department of Human

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Resources for the operation and management of child care regulation services. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Human Resources to perform functions relating to the licensure and certification of pre-kindergarten programs on April 14, 1996, shall, on April 15, 1996, be transferred to the Office of School Readiness. All office equipment, furniture, and other assets in possession of the Department of Human Resources which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the Office of School Readiness on April 15, 1996. (c) All transfers of employees and assets provided for in subsections (a) and (b) of this Code section shall be subject to the approval of the director, and such personnel or assets shall not be transferred if the director determines that a specific employee or asset should remain with the transferring agency. (d) Employees of the office shall serve in the unclassified service of the state merit system as defined by Code Section 45-20-6. Persons who have transferred to the office pursuant to subsection (a) or (b) of this Code section who are in the classified service of the state merit system at the time of the transfer may elect to remain in such classified service and be governed by the provisions thereof; provided, however, that if any such person accepts a promotion or transfers to another position, that person shall become an employee in the unclassified service. (e) All employees of the Office of School Readiness who are employed after April 15, 1996, shall become members of the Employees Retirement System of Georgia consistent with the provisions of Code Section 47-2-70.1. (f) Persons who are transferred to the Office of School Readiness pursuant to subsection (a) or (b) of this Code section who are members of the Employees Retirement System of Georgia created in Chapter 2 of Title 47 or the Teachers Retirement System of Georgia created in Chapter 3 of Title 47 can elect to continue membership in the same retirement system in which such person already is a member in accordance with applicable laws, rules, and regulations. All rights, credits, and funds in any such retirement system which are possessed by state personnel transferred by provisions of this chapter to the Office of School Readiness, or otherwise held by persons at the time of employment with the Office of School Readiness, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the Office of School Readiness, unless such persons fail to elect to continue membership in the same retirement system in which such persons already are members. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the Office of School Readiness. Except as provided in this subsection, no employment benefit of any employee transferring to the Office of School Readiness shall be impaired. (g) Funding for functions and positions transferred to the Office of School Readiness under this chapter shall be transferred as provided in Code Section 45-12-90. This chapter shall not be construed to impair or affect the rights of persons previously transferred to the Office of School Readiness who were members of the Teachers

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Retirement System of Georgia created in Chapter 3 of Title 47 and who elected to continue membership in such retirement system in accordance with previous law.
20-1A-6. The Office of School Readiness shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Education or Department of Human Resources, where applicable, which are in effect on April 15, 1996, and which relate to the functions transferred to the department. Such rules, regulations, policies, and procedures shall remain in effect until amended, repealed, superseded, or nullified by the director. The department shall succeed to all rules, regulations, policies, procedures, and pending and finalized administrative orders of the Office of School Readiness which are in effect on September 30, 2004. Such rules, regulations, policies, and procedures shall remain in effect until amended, repealed, superseded, or nullified by the board or commissioner, as applicable.
20-1A-7. On and after July 1, 2002, each Each newly printed publication, poster, banner, or sign created for the pre-kindergarten program by the Office of School Readiness department or a provider of pre-kindergarten services shall refer to the program as 'Georgias Pre-K Program.'
20-1A-8. (a) Effective October 1, 2004, the department shall carry out all of the functions and exercise all of the powers formerly held by the Department of Human Resources for the regulation and licensure of early care and education programs and any other functions as agreed upon by the department and the Department of Human Resources. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Human Resources to perform functions relating to the licensure and certification of early care and education programs and any other functions as agreed upon by the department and the Department of Human Resources on September 30, 2004, shall on October 1, 2004, be transferred to the department. All office equipment, furniture, and other assets in possession of the Department of Human Resources which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the department on October 1, 2004. (b) Effective October 1, 2004, notwithstanding the advisory functions of the Georgia Child Care Council included in Code Section 20-1A-63, the department shall carry out the functions and exercise the powers formerly held by the Georgia Child Care Council under former Article 11 of Chapter 5 of Title 49. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Georgia Child Care Council to perform functions relating to the recommendation of measures to improve the quality, availability, and affordability of child care in this state on September 30, 2004, shall on October 1, 2004, be transferred to the department. All office equipment,

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furniture, and other assets in possession of the Georgia Child Care Council or the Department of Human Resources which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the department on October 1, 2004. (c) All transfers of employees and assets provided for in subsections (a) and (b) of this Code section shall be subject to the approval of the commissioner, and such personnel or assets shall not be transferred if the commissioner determines that a specific employee or asset should remain with the transferring agency. (d) Employees of the department shall serve in the unclassified service of the state merit system as defined by Code Section 45-20-6. Persons who have transferred to the department pursuant to subsections (a) and (b) of this Code section who are in the classified service of the state merit system at the time of the transfer may elect to remain in such classified service and be governed by the provisions thereof; provided, however, that if any such person accepts a promotion or transfers to another position, that person shall become an employee in the unclassified service. (e) All rights, credits, and funds in the Employees Retirement System of Georgia created in Chapter 2 of Title 47 which are possessed by state personnel transferred by provisions of this Code section to the department, or otherwise held by persons at the time of employment with the department, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the department. No employment benefit of any employee transferring to the department shall be impaired. (f) Funding for functions and positions transferred to the department under this Code section shall be transferred as provided in Code Section 45-12-90.
20-1A-9. The department shall succeed to all rights and responsibilities relating to licensure and regulation of day-care centers, group day-care homes, and family day-care homes, including such rules, regulations, policies, procedures, and pending and finalized administrative orders of the Department of Human Resources, the Georgia Child Care Council, and the Office of State Administrative Hearings, where applicable, which are in effect on September 30, 2004, and which relate to the functions transferred to the department pursuant to Code Section 20-1A-8. Such rights, responsibilities, licenses issued pursuant to previous law, procedures, and orders shall remain in effect until amended, repealed, superseded, or nullified by the commissioner. Such rules, regulations, and policies shall remain in effect until amended, repealed, superseded, or nullified by the board.
20-1A-10. (a) The department is authorized and empowered to establish, maintain, extend, and improve throughout the state, within the limits of funds appropriated for such purposes, the regulation of early care and education programs by providing consultation and

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making recommendations concerning establishment and implementation of such programs and by licensing and inspecting periodically all such programs to ensure their adherence to this chapter and rules and regulations promulgated by the board. (b) Day-care centers and child care learning centers operated as part of a local church ministry or a nonprofit religious school or a nonprofit religious charitable organization may notify the department annually and be commissioned in lieu of being licensed upon request for commission. Commissioned day-care centers and child care learning centers shall operate in accordance with the same procedures, standards, rules, and regulations which are established by the board for the operation of licensed day-care centers and child care learning centers. Any day-care center or child care learning center operated as part of a local church ministry or a nonprofit religious school or a nonprofit religious charitable organization may elect to apply for a commission as provided for in subsection (c) of this Code section. (c) All early care and education programs shall be licensed or commissioned annually by the department in accordance with procedures, standards, rules, and regulations to be established by the board; provided, however, that the department may require persons who operate family day-care homes to register with the department. (d) The department shall publish and make available to early care and education programs and interested persons a list of guidelines for quality child care. (e) After an early care and education program has been licensed, commissioned, or registered by the department as provided in this chapter, the program shall not be required to have a permit to operate a food service establishment as required in Code Section 26-2-371, provided that rules and regulations for food service have been incorporated in the regulations for licensing, commissioning, or registering such programs. (f) The department shall not be authorized to prescribe, question, or regulate the specific content of educational curriculum taught by an early care and education program, except to the extent that a program operates Georgias Pre-K Program or any other voluntary educational program administered by the department. (g) Persons who operate early care and education programs shall be required to post in a conspicuous place next to telephones in the home or center the telephone numbers of the nearest or applicable providers of emergency medical, police, and fire services. (h) Persons who operate early care and education programs shall post signs prohibiting smoking to carry out the purposes of paragraph (4) of subsection (a) of Code Section 16-12-2. (i) Group day-care homes, day-care centers, and child care learning centers shall provide a minimum of 35 square feet of usable space consisting of indoor play areas, rest areas, and dining facilities for each child present in the facility. Day-care centers and child care learning centers will be allowed to designate in writing to the department two one-hour periods daily during which 25 square feet of usable space per child for children aged three years and older may be provided. Notwithstanding the limitation to 18 children prescribed in Code Section 20-1A-2, group day-care homes will be allowed to designate in writing to the department two one-hour periods daily during which 25

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square feet of usable space per child for children aged three years and older may be provided. Notwithstanding the limitation to six children prescribed in Code Section 201A-2, a family day-care home operator may care for two additional children aged three years and older for two designated one-hour periods daily. Notwithstanding the provisions of this subsection, all other applicable rules and regulations shall apply. (j) The department shall assist applicants, licensees, registrants, or persons holding commissions in meeting rules and regulations of the department for early care and education programs. (k) Application for a license, commission, or registration for an early care and education program shall be made to the department upon forms furnished by the department. Upon receipt of an application for a license, registration, or commission and upon presentation by the applicant of evidence that the early care and education program meets the rules and regulations prescribed by the department, the department shall issue such early care and education program a license, registration, or commission for a one-year period. (l) If the department finds that any early care and education program applicant does not meet rules and regulations prescribed by the department but is attempting to meet such rules and regulations, the department may, in its discretion, issue a temporary license, registration, or commission to such early care and education program, but such temporary license, registration, or commission shall not be issued for more than a oneyear period. Upon presentation of satisfactory evidence that such program is making progress toward meeting prescribed rules and regulations of the department, the department may, in its discretion, reissue such temporary license, registration, or commission for one additional period not to exceed one year. As an alternative to a temporary license, registration, or commission, the department, in its discretion, may issue a restricted license, registration, or commission which states the restrictions on its face. (m) The department shall refuse to issue a license, registration, or commission upon a showing of:
(1) Noncompliance with the rules and regulations for day-care centers, family daycare homes, group day-care homes, or child care learning centers which are designated in writing to the facilities as being related to childrens health and safety; (2) Flagrant and continued operation of an unlicensed, unregistered, or uncommissioned facility in contravention of the law; or (3) Prior license, registration, or commission denial or revocation within one year of application. (n) All licensed, registered, or commissioned early care and education programs shall prominently display the license, registration, or commission issued to such program by the department at some point near the entrance of the premises of such program that is open to view by the public. (o) The departments action revoking or refusing to renew or issue a license, registration, or commission required by this Code section shall be preceded by notice and opportunity for a hearing and shall constitute a contested case within the meaning

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of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that only 30 days notice in writing from the commissioners designee shall be required prior to license, registration, or commission revocation and except that hearings held relating to such action by the department may be closed to the public if the hearing officer determines that an open hearing would be detrimental to the physical or mental health of any child who will testify at that hearing. (p) It shall be the duty of the department to inspect at regular intervals all licensed, registered, or commissioned early care and education programs within the state. The department shall have right of entrance, privilege of inspection, and right of access to all children under the care and control of the licensee, registrant, or commissionee. (q) If any flagrant abuses, derelictions, or deficiencies are made known to the department or its duly authorized agents during their inspection of any early care and education program or if, at any time, such are reported to the department, the department shall immediately investigate such matters and take such action as conditions may require. (r) If abuses, derelictions, or deficiencies are found in the operation and management of any early care and education program, they shall be brought immediately to the attention of the management of such program; and if correctable, but not corrected within a reasonable time, the department shall revoke the license, registration, or commission of such program in the manner prescribed in this Code section. (s) The department may require periodic reports from early care and education programs in such forms and at such times as the department may prescribe. (t) Any person who shall operate an early care and education program without a license, registration, or commission issued by the department shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50.00 nor more than $200.00 for each such offense. Each day of operation without a license, registration, or commission shall constitute a separate offense. (u) The department may, without regard to the availability of other remedies, including administrative remedies, seek an injunction against the continued operation of an early care and education program without a license, registration, or commission or the continued operation of an early care and education program in willful violation of this chapter or of any regulation of the department or of any order of the department. (v) The term 'licensed day-care center' shall include a commissioned day-care center and commissioned child care learning center and any references in this Code to a licensed day-care center, including criminal, administrative, and civil provisions applicable to licensed day-care centers, shall include and apply to commissioned daycare centers and commissioned child care learning centers unless otherwise provided in this Code section.
20-1A-11. (a) Any person who violates the provisions of Code Section 20-2A-10 or who hinders, obstructs, or otherwise interferes with any representative of the department in the discharge of that persons official duties in making inspections as provided in such

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Code section or in investigating complaints as provided in such Code section shall be guilty of a misdemeanor.
(b)(1) Any person who: (A) Violates any licensing, commissioning, or registration provision of this chapter or any rule, regulation, or order issued under this chapter or any term, condition, or limitation of any license, commission, or registration certificate under this chapter thereby subjecting a child in care to injury or a life-threatening situation; or (B) Commits any violation for which a license, commission, or registration certificate may be revoked under rules or regulations issued pursuant to this chapter
may be subject to a civil penalty, to be imposed by the department, not to exceed $500.00. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. (2) Whenever the department proposes to subject a person to the imposition of a civil penalty under this subsection, it shall notify such person in writing:
(A) Setting forth the date, facts, and nature of each act or omission with which the person is charged; (B) Specifically identifying the particular provision or provisions of the Code section, rule, regulation, order, license, commission, or registration certificate involved in the violation; and (C) Advising of each penalty which the department proposes to impose and its amount. Such written notice shall be sent by registered or certified mail or statutory overnight delivery by the department to the last known address of such person. The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the department shall by rule or regulation prescribe, why such penalty should not be imposed. The notice shall also advise such person that, upon failure to pay the civil penalty subsequently determined by the department, if any, the penalty may be collected by civil action. Any person upon whom a civil penalty is imposed may appeal such action pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (3) A civil penalty finally determined under this Code section may be collected by civil action in the event that such penalty is not paid as required. On the request of the department, the Attorney General is authorized to institute a civil action to collect a penalty imposed pursuant to this subsection. The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to the Attorney General for collection. (4) All moneys collected from civil penalties shall be paid to the state for deposit in the general fund.
20-1A-12. (a) This Code section shall be applicable to any early care and education program which is subject to regulation by the department in accordance with this chapter. For

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purposes of this Code section, the term 'license' shall be used to refer to any license, registration, or commission issued by the department pursuant to the provisions of this chapter. (b) The department shall have the authority to take any of the actions enumerated in subsection (c) of this Code section upon a finding that the applicant or holder of a license has:
(1) Knowingly made any false statement of material information in connection with the application for a license, or in statements made or on documents submitted to the department as part of an inspection, survey, or investigation, or in the alteration or falsification of records maintained by the early care and education program; (2) Failed or refused to provide the department with access to the premises subject to regulation or information pertinent to the initial or continued licensing of the program; (3) Failed to comply with the licensing requirements of this state; or (4) Failed to comply with any provisions of this Code section. (c) When the department finds that any applicant or holder of a license has violated any provision of subsection (b) of this Code section or laws, rules, regulations, or formal orders related to the initial or continued licensing of the program, the department, subject to notice and opportunity for hearing, may take any of the following actions: (1) Refuse to grant a license; provided, however, that the department may refuse to grant a license without holding a hearing prior to taking such action; (2) Administer a public reprimand; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Prohibit any applicant or holder of a license from allowing a person who previously was involved in the management or control, as defined by rule, of any program which has had its license revoked or denied within the past 12 months to be involved in the management or control of such program; (5) Revoke any license; (6) Impose a fine, not to exceed a total of $25,000.00, of up to $500.00 per day for each violation of a law, rule, regulation, or formal order related to the initial or ongoing licensing of any program; or (7) Limit or restrict any license as the department deems necessary for the protection of the public, including, but not limited to, restricting some or all services of or admissions into a program for a time certain. In taking any of the actions enumerated in this subsection, the department shall consider the seriousness of the violation, including the circumstances, extent, and gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety of the public. (d) The department may deny a license or otherwise restrict a license for any applicant who has had a license denied, revoked, or suspended within one year of the date of an application or who has transferred ownership or governing authority of a program subject to regulation by the department within one year of the date of a new application

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when such transfer was made in order to avert denial, revocation, or suspension of a license. (e) With regard to any contested case instituted by the department pursuant to this Code section or other provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action, the department may, in its discretion, dispose of the action so instituted by settlement. In such cases, all parties, successors, and assigns to any settlement agreement shall be bound by the terms specified in such agreement and violation of such agreement thereof by any applicant or holder of a license shall constitute grounds for any action enumerated in subsection (c) of this Code section. (f) The department shall have the authority to make public or private investigations or examinations inside or outside of this state to determine whether the provisions of this Code section or any other law, rule, regulation, or formal order relating to the licensing of a program has been violated. Such investigations may be initiated at any time, in the discretion of the department, and may continue during the pendency of any action initiated by the department pursuant to subsection (c) of this Code section. (g) For the purpose of conducting any investigation, inspection, or survey, the department shall have the authority to require the production of any books, records, papers, or other information related to the initial or continued licensing of any program. (h) Pursuant to the investigation, inspection, and enforcement powers given to the department by this Code section and other applicable laws, the department may assess against a program reasonable and necessary expenses incurred by the department pursuant to any administrative or legal action required by the failure of the program to fully comply with the provisions of any law, rule, regulation, or formal order related to the initial or continued licensing. Assessments shall not include attorneys fees and expenses of litigation, shall not exceed other actual expenses, and shall only be assessed if such investigations, inspections, or enforcement actions result in adverse findings, as finally determined by the department, pursuant to administrative or legal action. (i) For any action taken or any proceeding held under this Code section or under color of law, except for gross negligence or willful or wanton misconduct, the department, when acting in its official capacity, shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune. (j) In an administrative or legal proceeding under this Code section, a person or entity claiming an exemption or an exception granted by law, rule, regulation, or formal order has the burden of proving this exemption or exception. (k) This Code section and all actions resulting from its provisions shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (l) The provisions of this Code section shall be supplemental to and shall not operate to prohibit the department from acting pursuant to those provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action for the department. In cases where those other provisions of law so authorize other disciplinary grounds and actions, but this Code section limits such grounds or actions, those other provisions shall apply.

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(m) The board is authorized to promulgate rules and regulations to implement the provisions of this Code section.
20-1A-13. (a) As used in this Code section, the term:
(1) 'Emergency order' or 'order' means a written directive by the commissioner or the commissioners designee placing a monitor in an early care and education program. (2) 'Monitor' means a person designated by the department to remain on-site in a program as an agent of the department, observing conditions. (3) 'Preliminary hearing' means a hearing held by the department as soon as possible after the order is entered at the request of a program which has been affected by an emergency order placing a monitor in the program in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) The commissioner or his or her designee may order the emergency placement of a monitor or monitors in an early care and education program upon a finding that rules and regulations of the department are being violated which threaten the health, safety, or welfare of children in the care of the program and when one or more of the following conditions are present: (1) The program is operating without a license, commission, or registration; (2) The department has denied application for license, registration, or commission or has initiated action to revoke the existing license, registration, or commission of the program; or (3) Children are suspected of being subjected to injury or life-threatening situations or the health or safety of a child or children is in danger. (c) A monitor may be placed in a program for no more than ten consecutive calendar days, during which time the monitor shall observe conditions and regulatory compliance with any recommended remedial action of the department. Upon expiration of the ten-day period, should the conditions warrant, the initial ten-day period may be extended for an additional ten-day period. The monitor shall report to the department. The monitor shall not assume any administrative responsibility within the program, nor shall the monitor be liable for any actions of the program. The salary and related costs and travel and subsistence allowance as defined by department policy of placing a monitor in a program shall be reimbursed to the department by the program, unless the order placing the monitor is determined to be invalid in a contested case or by final adjudication by a court of competent jurisdiction, in which event the cost shall be paid by the department. (d) An emergency order shall contain the following: (1) The scope of the order; (2) The reasons for the issuance of the order; (3) The effective date of the order if other than the date the order is issued; (4) The person to whom questions regarding the order are to be addressed; and (5) Notice of the right to a preliminary hearing.

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(e) Unless otherwise provided in the order, an emergency order shall become effective upon its service. Service of an emergency order may be made upon the owner of the facility, the director of the facility, or any other agent, employee, or person in charge of the facility at the time of the service of the order. (f) A request for a preliminary hearing shall be made in writing within five days from the time of service, excepting weekends. The request must be made to the representative of the department designated in the order. Unless a request is made to appear in person, the preliminary hearing shall consist of an administrative review of the record, written evidence submitted by the early care and education program affected, and a preliminary written argument in support of its contentions. (g) If a request is made to appear in person at the preliminary hearing, the program shall provide the name and address of the person or persons, if any, who will be representing the program in the preliminary hearing. (h) Upon receipt of a request for a preliminary hearing, the department shall set and give notice of the date, time, and location of the preliminary hearing. The preliminary hearing shall be held as soon as possible after a request therefor but in no event later than 72 hours after such request, provided that a program may request that such hearing be held earlier and that in no event shall a hearing be held on a weekend or holiday. (i) If a personal appearance is requested, the preliminary hearing shall consist of a review of the evidence in the record, any additional evidence introduced at the hearing, and any arguments made. A recording shall be made of the hearing. (j) The department shall, where practicable, issue an immediate oral order and shall, in all instances, issue a written order within four business days after the close of the hearing. (k) Pending final appeal of the validity of any emergency order issued as provided in this Code section, such emergency order shall remain in full effect until vacated or rescinded by the commissioner or the commissioners designee. (l) The department is not precluded from other actions permitted by other laws or regulations during the time an emergency order is in force.
20-1A-14. (a) The department upon application or petition may grant variances and waivers to specific rules and regulations which establish standards for early care and education programs regulated by the department as follows:
(1) The department may authorize departure from the literal requirements of a rule or regulation by granting a variance upon a showing by the applicant or petitioner that the particular rule or regulation that is the subject of the variance request should not be applied as written because strict application would cause undue hardship. The applicant or petitioner additionally must show that adequate standards affording protection of health, safety, and care exist and will be met in lieu of the exact requirements of the rule or regulation in question; (2) The department may dispense entirely with the enforcement of a rule or regulation by granting a waiver upon a showing by the applicant or petitioner that the

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purpose of the rule or regulation is met through equivalent standards affording equivalent protection of health, safety, and care; (3) The department may grant waivers and variances to allow experimentation and demonstration of new and innovative approaches to delivery of services upon a showing by the applicant or petitioner that the intended protections afforded by the rule or regulation which is the subject of the request are met and that the innovative approach has the potential to improve service delivery; (4) Waivers or variances which affect an entire class of programs may only be approved by the board and shall be for a time certain, as determined by the board. A notice of the proposed variance or waiver affecting an entire class of programs shall be made in accordance with the requirements for notice of rule making in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; or (5) Variances or waivers which affect only one program in a class may be approved or denied by the department and shall be for a time certain, as determined by the department. The department shall maintain a record of such action and shall make this information available to the board and all other persons who request it. (b) The department may exempt classes of programs from regulation when, in the departments judgment, regulation would not permit the purpose intended or the class of programs is subject to similar requirements under other rules and regulations. Such exemptions shall be provided in rules and regulations promulgated by the board.
20-1A-15. (a) As used in this chapter, the term 'inspection warrant' means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of any of the provisions of laws authorizing licensure, inspection, or regulation by the department. (b) The commissioner or the commissioners delegate, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this Code section. Such warrant shall authorize the commissioner or the commissioners agents to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this chapter or any provision of law which authorizes licensure, inspection, or regulation by the department. (c) Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected. (d) The issuing judge shall issue the warrant when such judge is satisfied that the following conditions are met:
(1) The one seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and

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(2) The issuing judge determines that the issuance of the warrant is authorized by this Code section. (e) The inspection warrant shall be validly issued only if it meets the following requirements: (1) The warrant is attached to the affidavit required to be made in order to obtain the warrant; (2) The warrant describes, either directly or by reference to the affidavit, the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection; (3) The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and (4) The warrant refers, in general terms, to the statutory or regulatory provisions sought to be enforced. (f) No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this chapter shall be competent as evidence in any criminal proceeding against any party.
20-1A-16. It shall be the duty of all other state departments, agencies, officers, and employees to assure the most effective coordination and use of state resources, personnel, and facilities for the benefit of children and youths and to assist the department in effectuating the purposes of this chapter by making available to the department upon request of the board or commissioner and to the extent permissible by law the services, resources, personnel, and facilities of their respective departments and agencies.
20-1A-17. The commissioner and the State School Superintendent, with the concurrence of the board for the department and the State Board of Education, are authorized to transfer programs relating to early childhood education from the Department of Education to the department, as long as such programs are not expressly assigned to the Department of Education by statute.
ARTICLE 2
20-1A-30. As used in this article, the term:
(1) 'Center' means a day-care center, group day-care home, family day-care home, or child care learning center which is required to be licensed or registered under Article 1 of this chapter. (2) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought.

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(3) 'Crime' means any felony; a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses; a violation of Code Section 16-4-1, relating to criminal attempt when the crime attempted is any of the crimes specified by this paragraph; or any other offenses committed in another jurisdiction which, if committed in this state, would be one of the enumerated crimes listed in this paragraph. (4) 'Criminal record' means:
(A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where:
(i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; provided, however, that this division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; provided, however, that this division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (5) 'Director' means the chief administrative or executive officer of a facility. (6) 'Emergency temporary employee' means an employee other than a director whose duties involve personal contact between that person and any child being cared for at the facility and who is hired on an expedited basis to avoid noncompliance with staffing standards for centers required by law, rule, or regulation. (7) 'Employee' means any person, other than a director, employed by a center to perform at any of the centers facilities any duties which involve personal contact between that person and any child being cared for at the facility and also includes any adult person who resides at the facility or who, with or without compensation, performs duties for the center which involve personal contact between that person and any child being cared for by the center. (8) 'Employment history' means a record of where a person has worked for the past ten years. (9) 'Facility' means a centers real property at which children are received for care. (10) 'Fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department based upon a records check comparison of GCIC information with fingerprints and other information in a records check application.

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(11) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (12) 'GCIC information' means criminal history record information as defined in Code Section 35-3-30. (13) 'License' means the document issued by the department to authorize the center to which it is issued to operate a facility. (14) 'National fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department in accordance with applicable law based upon a report from the Federal Bureau of Investigation after a search of bureau records and fingerprints. (15) 'Preliminary records check application' means an application for a preliminary records check determination on forms provided by the department. (16) 'Preliminary records check determination' means a satisfactory or unsatisfactory determination by the department based only upon a comparison of GCIC information with other than fingerprint information regarding the person upon whom the records check is being performed. (17) 'Records check application' means two sets of classifiable fingerprints, a records search fee to be established by the board by rule and regulation, payable in such form as the department may direct to cover the cost of a fingerprint records check under this article, and an affidavit by the applicant disclosing the nature and date of any arrest, charge, or conviction of the applicant for the violation of any law, except for motor vehicle parking violations, whether or not the violation occurred in this state, and such additional information as the department may require. (18) 'Satisfactory determination' means a written determination that a person for whom a records check was performed was found to have no criminal record. (19) 'State fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department in accordance with applicable law based upon a records check comparison of GCIC information with fingerprints and other information in a records check application. (20) 'Unsatisfactory determination' means a written determination that a person for whom a records check was performed has a criminal record.
20-1A-31. (a) Each center shall be required to obtain a separate license for each facility and shall have a separate director for each facility. (b) An applicant for a new license shall apply for a separate license for each new facility in this state owned or operated by that applicant and shall have a separate director for each such facility.
20-1A-32. Accompanying any application for a new license for a facility, the applicant shall furnish to the department a records check application for the director and a satisfactory preliminary records check for each employee of such facility. In lieu of such records

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check applications, the applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months the director received satisfactory state and national fingerprint records check determinations and each employee received a satisfactory preliminary records check determination, or that any employee other than the director whose preliminary records check revealed a criminal record of any kind has either subsequently received satisfactory state and national fingerprint records check determinations or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43. The department may either perform preliminary records checks under agreement with GCIC or contract with GCIC and appropriate law enforcement agencies which have access to GCIC information to have those agencies perform for the department a preliminary records check for each preliminary records check application submitted thereto by the department. Either the department or the appropriate law enforcement agencies may charge reasonable fees for performing preliminary records checks.
20-1A-33. After being furnished the required records check application under Code Section 201A-32 the department shall notify in writing the license applicant as to each person for whom an application was received regarding whether the departments determination as to that persons state fingerprint records check was satisfactory or unsatisfactory. If the preliminary records check determination was satisfactory as to each employee of an applicants facility and the state fingerprint records check was satisfactory as to the director, that applicant may be issued a license for that facility if the applicant otherwise qualifies for a license under Article 1 of this chapter. If the state or national fingerprint records check determination was unsatisfactory as to the director of an applicants facility, the applicant shall designate another director for that facility after receiving notification of the determination and proceed under Code Section 20-1A-32 and this Code section to obtain state and national fingerprint records checks for that newly designated director. If the preliminary records check for any employee other than the director revealed a criminal record of any kind, such employee shall not be allowed to work in the center until he or she either has obtained satisfactory state and national fingerprint records check determinations or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43. If the determination was unsatisfactory as to any employee of an applicants facility, the applicant shall, after receiving notification of that determination, take such steps as are necessary so that such person is no longer an employee. Any employee other than the director who receives a satisfactory preliminary records check shall not be required to obtain a fingerprint records check unless such an employee has been designated as a director or as permitted by the provisions of subsection (c) of Code Section 20-1A-39.
20-1A-34. The department shall transmit to GCIC both sets of fingerprints and the records search fee from each fingerprint records check application. Upon receipt thereof, GCIC shall

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promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to GCIC, the application, and fee, GCIC shall notify the department in writing of any derogatory finding, including but not limited to any criminal record, of the state fingerprint records check or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureaus report, the department shall make a national fingerprint records determination.
20-1A-35. After receiving a Federal Bureau of Investigation report regarding a national fingerprint records check under Code Section 20-1A-34, the department shall make a determination based thereon and notify in writing the license applicant as to whether that records check was satisfactory or unsatisfactory. If the national fingerprint records check determination was unsatisfactory as to the director of an applicants facility, after receiving notification of that determination, that applicant shall designate another director for such facility for which director the applicant has not received or made an unsatisfactory preliminary or fingerprint records check determination and proceed under the requirements of Code Sections 20-1A-32 through 20-1A-34 and this Code section to obtain state and national fingerprint records check determinations for the newly designated director. The director may begin working upon the receipt of a satisfactory state fingerprint records check determination pending the receipt of the national fingerprint records check determination from the department. The department may revoke the license of that facility if the facility fails to comply with the requirements of this Code section and Code Section 20-1A-33 to receive satisfactory state and national fingerprint determinations on the director or to comply with Code Section 20-1A-33 regarding employees other than the director.
20-1A-36. No facility operated as an early care and education program or similar facility or any operator of such a facility shall employ any person who has been convicted of or who has entered a plea of guilty or nolo contendere to any offense specified in Code Section 16-12-1.1 or allow any such person to reside at or be domiciled at such facility in violation of Code Section 16-12-1.1. The department shall either deny the issuance of or revoke the license, commission, or registration of any such facility violating the provisions of this Code section. The powers and duties set forth in this Code section are cumulative and not intended to limit the powers and duties set forth throughout this article.
20-1A-37. (a) Notwithstanding any other provision of this article, an individual who resides in a family day-care home, as defined by Code Section 20-1A-2, shall not be required to

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provide fingerprints for routine fingerprints records checks if the operator of the family day-care home provides the department with an affidavit stating that such individual is not present in the home at the same time as the children who are received for pay for supervision and care. However, all persons residing in a family day-care home are required to obtain satisfactory preliminary records checks and submit them to the department. (b) As an alternative to the requirements set out in this article pertaining to obtaining preliminary criminal records check determinations through the department for employees of centers and adults residing in a family day-care home, but not including directors of centers, centers may obtain GCIC information through local law enforcement agencies. The center shall be responsible for reviewing the GCIC information obtained for the potential employee or adult residing in the family day-care home and making a written determination that the individual does not have a criminal record as defined in this article. This written determination, together with all supporting documentation received from any law enforcement agency, must be maintained in the centers file and available for inspection by the department. This satisfactory determination must be made before the employee begins any duties for the center. However, where there is an urgent need for an emergency temporary employee to work at a centers facility in order to avoid immediate noncompliance with staffing requirements, such center may utilize the applicant as an emergency temporary employee after applying for the preliminary records check through the local law enforcement agency and completing the affidavit. In such emergency situations, the director of the center must complete an affidavit, with all supporting documentation attached thereto, stating that the GCIC information has been requested through an identified local law enforcement agency and that the results were not immediately available to the center prior to assigning the employee to work with children at the centers facility in order to avoid immediate noncompliance with staffing ratios. The affidavit with supporting documentation must be maintained in the centers file on the individual and available to the department for inspection. The director shall review the GCIC information upon receipt, but in no case shall an emergency temporary employee be permitted to continue working for more than three days without having a satisfactory determination made by the director and entered into the centers file on the employee with all supporting documentation. The department shall promulgate rules and regulations limiting the extent to which centers are authorized to use emergency temporary employees in accordance with this subsection. Employees, emergency temporary employees, and other adults required to have records checks who are utilized by centers are subject to all other requirements set forth in this article. Where the department has reason to question the validity of the GCIC information or the satisfactory determination made by the center, the department may require the employee, emergency temporary employee, or other adult to submit a preliminary criminal records check application through the department together with appropriate fees.

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20-1A-38. (a) If the director of a facility which has been issued a license ceases to be the director of that facility, the licensee shall thereupon designate a new director. After such change, the licensee of that facility shall notify the department of such change and of any additional information the department may require regarding the newly designated director of that facility. Such information shall include but not be limited to any information the licensee may have regarding preliminary or any fingerprint records check determinations regarding that director. After receiving a change of director notification, the department shall make a written determination from the information furnished with such notification and the departments own records as to whether satisfactory or unsatisfactory preliminary or state and national fingerprint records check determinations have ever been made for the newly designated director. If the department determines that such director within 12 months prior thereto has had satisfactory state and national fingerprint records check determinations, such determinations shall be deemed to be satisfactory state and national fingerprint records check determinations as to that director. The license of that facility shall not be adversely affected by that change in director, and the licensee shall be so notified. (b) If the department determines under subsection (a) of this Code section that there has ever been an unsatisfactory preliminary or state or national fingerprint records check determination of the newly designated director which has not been legally reversed, the center and that director shall be so notified. The license for that directors facility shall be indefinitely suspended or revoked unless the center designates another director for whom it has not received or made an unsatisfactory preliminary or state or national fingerprint records check determination and proceeds pursuant to the provisions of this Code section relating to a change of director. (c) If the department determines under subsection (a) of this Code section that there have been no state and national fingerprint records check determinations regarding the newly designated director within the immediately preceding 12 months, the department shall so notify the center. The center shall furnish to the department the fingerprint records check application of the newly designated director after the date the notification is sent by the department or the license of that facility shall be indefinitely suspended or revoked. If that fingerprint records check application is so received, unless the department has within the immediately preceding 12 months made a satisfactory state fingerprint records check determination regarding the newly designated director, the department shall perform a state fingerprint records check determination of the newly designated director, and the applicant and that director shall be so notified. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section regarding procedures after notification shall apply. If that determination is satisfactory, the department shall perform a national fingerprint records check determination for that director as provided in Code Sections 20-1A-34 and 20-1A-35. The director may begin working upon the receipt of a satisfactory state fingerprint records check determination pending the receipt of the national fingerprint records check determination from the department. If that determination is satisfactory, the center and director for whom the

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determination was made shall be so notified after the department makes its determination, and the license for the facility at which that person is the newly designated director shall not be adversely affected by that change of director. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section shall apply.
20-1A-39. (a) Before a person may become an employee other than a director of any center after that center has received a license, that center shall require that person to obtain a satisfactory preliminary records check. The center shall maintain documentation in the employees personnel file, which is available to the department upon request, which reflects that a satisfactory preliminary criminal records check was received before the employee began working with children. If the preliminary records check for any potential employee other than the director reveals a criminal record of any kind, such potential employee shall not be allowed to begin working until either such potential employee has obtained satisfactory state and national fingerprint records check determinations or has had the unsatisfactory preliminary or fingerprint records check determination reversed in accordance with Code Section 20-1A-43. If either the preliminary or state or national fingerprint records determination is unsatisfactory, the center shall, after receiving notification of the determination, take such steps as are necessary so that such person is no longer an employee. Any potential employee other than the director who receives a satisfactory preliminary records check determination shall not be required to obtain a fingerprint records check determination except as permitted in accordance with subsection (c) of this Code section. (b) A license is subject to suspension or revocation and the department may refuse to issue a license if a director or employee does not undergo the records and fingerprint checks applicable to that director or employee and receive satisfactory determinations. (c) After the issuance of a license, the department may require a fingerprint records check on any director or employee to confirm identification for records search purposes, when the department has reason to believe the employee has a criminal record that renders the employee ineligible to have contact with children in the center, or during the course of a child abuse investigation involving the director or employee. (d) No center may hire any person as an employee unless there is on file in the center an employment history and a satisfactory preliminary records check or, if the preliminary records check determination revealed a criminal record of any kind as to such person, either satisfactory state and satisfactory national records check determinations for that person or proof that an unsatisfactory determination has been reversed in accordance with Code Section 20-1A-43. (e) A director of a facility having an employee whom that director knows or should reasonably know to have a criminal record that renders the employee ineligible to have contact with children in the center shall be guilty of a misdemeanor.

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20-1A-40. (a) GCIC and law enforcement agencies which have access to GCIC information shall cooperate with the department in performing preliminary and fingerprint records checks required under this article and shall provide such information so required for such records checks notwithstanding any other law to the contrary and may charge reasonable fees therefor. (b) Any person who knowingly and under false pretenses requests, obtains, or attempts to obtain GCIC information otherwise authorized to be obtained pursuant to this article, or who knowingly communicates or attempts to communicate such information obtained pursuant to this article to any person or entity except in accordance with this article, or who knowingly uses or attempts to use such information obtained pursuant to this article for any purpose other than as authorized by this article shall be fined not more than $5,000.00, imprisoned for not more than two years, or both.
20-1A-41. (a) Neither GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this article. (b) A center, its director, and its employees shall have no liability for defamation, invasion of privacy, or any other claim based upon good faith action thereby pursuant to the requirements of this article.
20-1A-42. The requirements of this article are supplemental to any requirements for a license imposed by Article 1 of this chapter.
20-1A-43. A determination by the department regarding preliminary or fingerprint records checks under this article, or any action by the department revoking, suspending, or refusing to grant or renew a license based upon such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. It is expressly provided that upon motion from any party, the hearing officer may, in his or her discretion, consider matters in mitigation of any conviction, provided that the hearing officer examines the circumstances of the case and makes an independent finding that no physical harm was done to a victim and also examines the character and employment history since the conviction and determines that there is no propensity for cruel behavior or behavior involving moral turpitude on the part of the person making a motion for an exception to sanctions normally imposed. If the hearing officer deems a hearing to be appropriate, he or she will also notify at least 30 days prior to such

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hearing the office of the prosecuting attorney who initiated the prosecution of the case in question in order to allow the prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license or employment as contemplated within this chapter. If objections are made, the hearing officer will take such objections into consideration in considering the case.
20-1A-44. The board is authorized to provide by regulation for the administration of this article."
SECTION 2. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, is amended by:
(1) Redesignating Code Section 49-5-240, relating to definitions relative to the Georgia Child Care Council, as Code Section 20-1A-60; (2) Redesignating Code Section 49-5-241, relating to the creation and membership of the council, as Code Section 20-1A-61; (3) Redesignating Code Section 49-5-242, relating to the officers, meetings, quorum, and expenses of the council, as Code Section 20-1A-62; (4) Redesignating Code Section 49-5-243, relating to the director of the council, as Code Section 20-1A-63; and (5) Redesignating Code Section 49-5-244, relating to the duties of the council, as Code Section 20-1A-64.
SECTION 3. Code Sections 20-1A-60 through 20-1A-64 of the Official Code of Georgia Annotated, inclusive, are designated as Article 3 of Chapter 1A of Title 20 of the Official Code of Georgia Annotated and are amended to read as follows:
"ARTICLE 3
49-5-240 20-1A-60. As used in this article, the term:
(1) 'Council' means the Georgia Child Care Council created pursuant to Code Section 49-5-241 20-1A-61. (2) 'Department' means the Department of Early Care and Learning. (2)(3) 'Federal act' means the Child Care and Development Block Grant Act of 1990, pursuant to amendments to Chapter 8 of subtitle A of Title IV of the Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35). (4) 'Lead agency' means the Department of Human Resources or any state agency designated by the Governor pursuant to the federal act and applicable regulations.
49-5-241 20-1A-61.

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(a) There is created the Georgia Child Care Council which shall consist of 19 20 members. Thirteen Fourteen of those members shall be voting members appointed by the Governor and confirmed by the Senate, and two shall be voting members appointed as provided in paragraph (10) (11) of this subsection. The 15 16 voting members shall be appointed as follows:
(1) Two members shall be representatives of local or state chambers of commerce; (2) One member shall be a representative of the licensed or commissioned for profit child care businesses in the state; (3) One member shall be a representative of the licensed or commissioned not for profit child care businesses in the state; (4) One member shall be a representative from a public Pre-K provider; (5) Four members shall be consumers of child care services or persons whose children are regularly placed in child care but who have no other business connection with any child care facility or business and at least one of them shall represent the interests of children with special needs and one shall represent the interests of school age children; (5)(6) One member shall represent registered family day-care homes, as defined in Code Section 49-5-3; (6)(7) One member shall represent licensed or commissioned church or synagogue day-care centers; (7)(8) One member shall be an expert or have special academic or research responsibilities in early childhood development; (8)(9) One member shall represent a child care resource and referral agency; (9)(10) One member shall represent a Head Start organization; and (10)(11) Two members shall represent the general public and shall be appointed by the President of the Senate and the Speaker of the House of Representatives. At the expiration of the original three-year terms of office of members of the council, successors to such members shall be appointed as follows: six seven of the members appointed by the Governor shall serve for initial terms of one year and seven of such Governor appointed members shall serve for initial terms of three years; thereafter all members appointed by the Governor shall serve for terms of three years. Successors to those members appointed by the Speaker of the House of Representatives and the President of the Senate shall each serve for terms of three years. The remaining four nonvoting members shall be the State School Superintendent, the Commissioner of Labor, the commissioner of human resources, and the commissioner of industry, trade, and tourism, or the designee of the State School Superintendent, the Commissioner of Labor, the commissioner of human resources, and the commissioner of industry, trade, and tourism, all of whom shall be ex officio members. (b) The ex officio members of the council shall serve while holding their state offices. The original appointive members shall serve for a term which expires June 30, 1994, and their successors shall be appointed as provided in subsection (a) of this Code section.

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(c) Vacancies in the office of any appointive member of the council shall be filled for the remainder of the unexpired term by appointment by the Governor in the same manner as the appointment to the position on the council which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next regular session of the General Assembly. (d) The Governor may remove any appointive member of the council for failure to attend meetings, neglect of duty, or incompetence. (e) Any appointive member of the council who, during such persons term of office, ceases to meet the qualifications for the original appointment or does not attend three or more successive meetings of the council shall forfeit such persons membership on the council. (f) Each member of the council shall take an oath of office before the Governor that he or she will faithfully perform the duties of office.
49-5-242 20-1A-62. (a) The Governor shall annually appoint a chairman chairperson and vice chairman chairperson of the council to serve for one-year terms. (b) The council shall hold regular meetings at least once every calendar quarter and may not hold more than six regular or special meetings during any calendar year. A special meeting may be called by the chairman chairperson, the commissioner, or a majority of the members of the council. The council shall meet at such times and at such designated places in the state as it may determine. In addition to the notice of meetings required under Chapter 14 of Title 50, the council shall also provide written notice to the commissioner no later than 24 hours prior to the meeting. (c) Nine members of the council shall constitute a quorum. (d) The appointive members of the council shall receive the same allowances authorized for legislative members of interim legislative committees for each day of actual attendance at official meetings of the council. Ex officio members of the council shall receive no additional compensation for their services on the council but shall be reimbursed for expenses incurred by them in their performance of their duties as members of the council in the same manner as state employees are reimbursed for expenses.
49-5-243 20-1A-63. There shall be a director of the council who shall be both appointed and removed by the council subject to approval by the Governor. Subject to the general policy established by the council, the director shall supervise, direct, account for, organize, plan, administer, and execute the functions of the council. The council shall be attached to the Department of Human Resources for administrative purposes only, as provided in Code Section 50-4-3. Costs incurred by the council shall be funded by moneys available under the federal act. The council shall advise and make recommendations to the board and commissioner on the following:
(1) Policy matters relating to early care and education programs;

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(2) Planning and coordination of child care programs at the state and local levels; (3) Measures to improve the quality, availability, and affordability of child care in this state; (4) Issues relating to the annual Georgia report on child care; and (5) General policy matters relating to functions performed or services provided by the department.
49-5-244 20-1A-64. (a) The council shall recommend measures to improve the quality, availability, and affordability of child care in this state. In addition, the council lead agency shall:
(1) Provide to the department, under contract, an amount not less than the minimum percentage of the grant to the State of Georgia under the federal act, which must be expended for activities that are designed to provide comprehensive consumer education to parents and the public, activities that increase parental choice, and activities designed to improve the quality, availability, and affordability of child care. In addition to this minimum percentage, the lead agency shall also provide the amount of any additional funds, which exist on October 1, 2004, or which may exist in the future, which are required to be spent on activities relating to improving the quality of child care, including care for school-aged children; (1)(2) In conjunction with the department, provide Provide a mechanism for the planning and coordination of child care programs at the state and local levels; (3) Recommend to the department measures to improve the quality, availability, and affordability of child care in this state; (2)(4) In conjunction with the department, inventory Inventory and monitor the disbursement and make recommendations as to the coordination of the disbursement of all state and federal funding streams that impact the supply, quality, and affordability of child care; (3)(5) In conjunction with the department, develop Develop an annual Georgia child care plan which includes all identified revenue sources and, at a minimum, the requirements indicated in the federal act; (4)(6) Hold one or more public hearings, with state-wide publication of the notice of such hearings 30 days before the date of each hearing, to provide the public with an opportunity to comment on the provision of child care services under the annual Georgia child care plan, as required by the federal act; Develop an annual Georgia report on child care, reporting child care statistics, an evaluation of the state planning process, and (7) Develop reports that meet, at a minimum, meeting the reporting requirements of the federal act; (5) Hold at least one annual public hearing on child care needs; (6) Serve as the state clearing-house for information on child care resources and statistics; (7) Provide child care information to corporations and business seeking to locate in Georgia;

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(8) Promote public-private sector collaboration for child care; (9)(8) In conjunction with the department, recommend Recommend to the Governor and to the General Assembly policies, legislation, and funding that will promote the work of the council lead agency and department and the realization of the Georgia child care plan to promote quality, affordable, and accessible child care for Georgias children; and (10)(9) Develop a plan for application and distribution, including any necessary requests for proposals, in accordance with the Georgia child care plan, for federal block grant funds available to Georgia under the federal act;. (11) Promote consumer education to parents to help them select child care including the expansion of child care resource and referral agencies; and (12) Monitor, review, and recommend improvements to child care licensing requirements. (b) The department shall, in accordance with the policies, rules, and regulations promulgated by the board: (1) In conjunction with the lead agency, provide a mechanism for the planning and coordination of child care programs at the state and local levels; (2) Plan and implement activities that are designed to provide comprehensive consumer education to parents and the public, activities that increase parental choice, activities designed to improve the quality, availability, and affordability of child care, and other activities which meet the requirements of the federal act; (3) Recommend to the lead agency measures to improve the quality, availability, and affordability of child care in this state; (4) In conjunction with the lead agency, inventory and monitor the disbursement and make recommendations as to the coordination of the disbursement of all state and federal funding streams that impact the supply, quality, and affordability of child care funds expended by the department; (5) Develop an annual Georgia report on child care, reporting child care statistics, and, in conjunction with the lead agency, an evaluation of the state planning process related to quality initiatives; (6) Serve as the state clearing-house for information on child care resources and statistics by working with the child care resource and referral agencies; (7) Provide child care information to corporations and businesses seeking to locate in Georgia; (8) Promote public-private sector collaboration for child care; (9) Recommend to the Governor and to the General Assembly policies, legislation, and funding that will promote the work of the department and the realization of the Georgia child care plan and to promote quality, affordable, and accessible child care for Georgias children; (10) Promote consumer education to parents to help in the selection of child care, including the expansion of the child care resource and referral agencies; and

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(11) Develop a plan for application and distribution, including any necessary requests for proposals, in accordance with the Georgia child care plan, for federal block grant funds available to Georgia under the federal act."
SECTION 4. Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property, is amended by striking subparagraph (b)(1)(I) in its entirety and inserting in lieu thereof the following:
"(I) Group day-care homes and day-care centers required to be licensed or commissioned as such by the Department of Human Resources Early Care and Learning and in which at least seven children receive care. As used in this subparagraph, the term 'group day-care home' means a day-care facility subject to licensure by the Department of Human Resources Early Care and Learning where at least seven but not more than 12 children receive care; and the term 'day-care center' means a day-care facility subject to licensure or issuance of a commission by the Department of Human Resources Early Care and Learning where more than 12 children receive care. Fire safety standards adopted by rules of the Commissioner pursuant to Code Section 25-2-4 which are applicable to group day-care homes and day-care centers shall not require staff-to-child ratios; and".
SECTION 5. Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to registration of sexually violent predators, is amended by striking paragraph (3) of subsection (c.1) in its entirety and inserting in lieu thereof the following:
"(3) The Department of Human Resources shall provide, on a one-time basis, information to all day care and group day care day-care, group day-care, and family day-care programs regulated pursuant to Code Section 49-5-12 on how to access and retrieve from the Georgia Bureau of Investigations Internet website a list of the names and addresses of all registered sexual offenders. On and after October 1, 2004, the Department of Early Care and Learning and shall include, on a continuing basis, such information with each application for licensure, commissioning, or registration for early care and education programs."
SECTION 6. Code Section 48-7-40.6 of the Official Code of Georgia Annotated, relating to tax credits for employers providing child care, is amended by striking subparagraph (a)(6)(A) in its entirety and inserting in lieu thereof the following:
"(A) The facility is licensed or commissioned by the Department of Human Resources Early Care and Learning pursuant to Code Section 49-5-12 Chapter 1A of Title 20;".
SECTION 7. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and

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protection for children, is amended in Code Section 49-5-3, relating to definitions, by striking paragraphs (1), (4), (8), and (9.1) and inserting in lieu thereof the following:
"(1) 'Child-caring institution' means any institution, society, agency, or facility, whether incorporated or not, which either primarily or incidentally provides full-time care for children under 17 through 18 years of age outside of their own homes, subject to such exceptions as may be provided in rules and regulations of the board." "(4) 'Day-care center' means any place operated by a person, society, agency, corporation, institution, or group wherein are received for pay for group care for fewer than 24 hours per day without transfer of legal custody 19 or more children under 18 years of age. Reserved." "(8) 'Family day-care home' means a private residence operated by any person who receives therein for pay for supervision and care fewer than 24 hours per day, without transfer of legal custody, three but not more than six children under 18 years of age who are not related to such person and whose parents or guardians are not residents in the same private residence. Reserved." "(9.1) 'Group day-care home' means any place operated by any person or group wherein are received for pay not less than seven nor more than 18 children under 18 years of age for care and supervision for less than 24 hours per day. Reserved."
SECTION 8. Said chapter is further amended in Code Section 49-5-8, relating to powers and duties of the Department of Human Resources, by striking paragraphs (6) and (7) of subsection (a) and inserting in lieu thereof the following:
"(6) Regulation of child-placing and child-caring agencies, child-caring institutions, and maternity homes by:
(A) Setting standards Establishing rules and regulations for and providing consultation and making recommendations concerning establishment and incorporation of all such agencies on such rules and regulations for all such agencies, institutions, and homes; and (B) Licensing and inspecting regularly periodically all such agencies, institutions, and homes to ensure their adherence to established standards as prescribed by the department; (7) Adoption services, as follows: (A) Supervising the work of all child-placing agencies when funds are made available; (B) Providing services to parents desiring to surrender children for adoption as provided for in adoption statutes; (C) Providing care or payment of maintenance costs for mothers bearing children out of wedlock and children being considered for adoption; (D) Inquiring into the character and reputation of persons making application for the adoption of children; (E) Placing children for adoption;

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(F) Providing financial assistance after the consummation of a legal adoption to families adopting children who would otherwise remain in foster care at state expense. Financial assistance may only be granted for hard-to-place children with physical, mental, or emotional disabilities or with other problems for whom it is difficult to find a permanent home. Financial assistance may not exceed 100 percent of the amount paid for boarding such child and for special services such as medical care not available through insurance or public facilities. Such supplements shall only be available to families who could not provide for the child adequately without continued financial assistance. The department may review the supplements paid at any time but shall review them at least annually to determine the need for continued assistance; (G) Providing payment to a licensed child-placing agency which places a child with special needs who is under the jurisdiction of the department for adoption. Payment may not exceed $5,000.00 for each such adoption arranged by an agency. The board shall define the special needs child. One-half of such payment shall be made at the time of placement and the remaining amount shall be paid when the adoption is finalized. If the adoption disrupts prior to finalization, the state shall be reimbursed by the child-placing agency in an amount calculated on a prorated basis based on length of time the child was in the home and the services provided; and (H) Providing payment to an agency which recruits, educates, or trains potential adoptive or foster parents for preparation in anticipation of adopting or fostering a special needs child. The board shall define the special needs child and set the payment amount by rule and regulation. Upon appropriate documentation of these preplacement services in a timely manner, payments as set by the board shall be made upon enrollment of each potential adoptive or foster parent for such services;".
SECTION 9. Said chapter is further amended in Code Section 49-5-12, relating to licensing of child welfare agencies, by striking subsections (a), (b), (c), (d), (e), (f), (k), and (s) and inserting in lieu thereof the following:
"(a) As used in this Code section, the term 'child 'Child welfare agency' means any child-caring institution, child-placing agency, or maternity home, family day-care home, group day-care home, or day-care center.
(b)(1) Day-care centers operated as part of a local church ministry or a religious nonprofit school or a nonprofit religious charitable organization shall notify the department annually and be commissioned in lieu of being licensed. Commissioned day-care centers shall operate in accordance with the same procedures, standards, rules, and regulations which are established by the board for the operation of licensed day-care centers. Any day-care center operated as part of a local church ministry or a religious nonprofit school or a nonprofit religious charitable organization may voluntarily elect to apply for a license as provided for in paragraph (2) of this subsection.

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(2)(b) All child welfare agencies, as defined in subsection (a) of this Code section, shall be licensed or commissioned annually by the department in accordance with procedures, standards, rules, and regulations to be established by the board; provided, however, that the department may require persons who operate family day-care homes to register with the department. The board shall develop and publish standards rules and regulations for licensing or commissioning of child welfare agencies. Child welfare agencies electing to be commissioned rather than licensed shall operate in accordance with the same procedures, standards, rules, and regulations for licensing of child welfare agencies. A license issued to a child-placing agency shall be deemed approval of all foster family homes approved, supervised, and used by the licensed child-placing agency as a part of its work, subject to this article and rules and regulations of the board.
(3) The department shall have the responsibility to review existing day-care regulations to determine which regulations are necessary to safeguard and protect the well-being and general welfare of children and youth, which regulations could more appropriately be issued as guidelines for quality day care, and which regulations unnecessarily restrict the delivery of day-care services. A list of proposed rule changes shall be submitted to the Board of Human Resources no later than November 1, 1982. Copies of the proposed changes shall be submitted to the Lieutenant Governor, the Speaker of the House of Representatives, and the chairmen of the Senate Youth, Aging, and Human Ecology Committee and the House Health and Ecology Committee. (4) No later than December 31, 1982, the department shall publish and make available to day-care centers and interested persons a list of guidelines for quality child care. (5) After a family day-care home, group day-care home, or day-care center has been licensed, commissioned, or registered by the department as provided in this article, the facility shall not be required to have a permit to operate a food service establishment as required in Code Section 26-2-371, provided that standards for food service have been incorporated in the regulations for licensing, commissioning, or registering such agencies. (6) The department shall not be authorized to prescribe, question, or regulate the specific content of educational curriculum taught or specify what play and program materials a group day-care home or day-care center shall use. (7) Persons who operate group day-care homes and day-care centers shall be required to post in a conspicuous place next to any telephone in a group day-care home or daycare center the telephone numbers of the nearest or applicable providers of emergency medical, police, and fire services. (7.1) Persons who operate day-care centers, group day-care homes, or family daycare homes shall post signs prohibiting smoking to carry out the purposes of paragraph (4) of subsection (a) of Code Section 16-12-2. (8) Group day-care homes and day-care centers shall provide a minimum of 35 square feet of usable space consisting of indoor play areas, rest areas, and dining

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facilities for each child present in the facility. Day-care centers will be allowed to designate in writing to the department two one-hour periods daily during which 25 square feet of usable space per child for children aged three years and older may be provided. Notwithstanding the limitation to 18 children prescribed by paragraph (9.1) of Code Section 49-5-3, group day-care homes will be allowed to designate in writing to the department two one-hour periods daily during which 25 square feet of usable space per child for children aged three years and older may be provided. Notwithstanding the limitation to six children prescribed by paragraph (8) of Code Section 49-5-3, a family day-care home operator may care for two additional children three years and older for two designated one-hour periods daily. Notwithstanding the provisions of this paragraph, all other applicable rules and regulations shall apply. (c) The department shall assist applicants or licensees or persons holding commissions in meeting standards rules and regulations of the department for child welfare agencies and, if a licensee or person holding a commission is, for any reason, denied renewal of a license or commission or if a license or commission is revoked or if any applicant for a license or commission cannot meet department standards rules and regulations for child welfare agencies, the department shall assist in planning the placement of children, if any, in the custody of such child welfare agency in some other licensed or commissioned child welfare agency or assist in returning them to their own homes or in making any other plans or provisions as may be necessary and advisable to meet the particular needs of the children involved. (d) Application for a license or commission shall be made to the department upon forms furnished by the department. Upon receipt of an application for a license or commission and upon presentation by the applicant of evidence that the child welfare agency meets the standards rules and regulations prescribed by the department, the department shall issue such child welfare agency a license or commission for a oneyear period no more than one year. (e) If the department finds that any child welfare agency applicant does not meet standards rules and regulations prescribed by the department but is attempting to meet such standards rules and regulations, the department may, in its discretion, issue a temporary license or commission to such child welfare agency, but such temporary license or commission shall not be issued for more than a one-year period. Upon presentation of satisfactory evidence that such agency is making progress toward meeting prescribed standards rules and regulations of the department, the department may, in its discretion, reissue such temporary license or commission for one additional period not to exceed one year. As an alternative to a temporary license or commission, the department, in its discretion, may issue a restricted license or commission which states the restrictions on its face. (f) The department shall refuse a license or commission upon a showing of: (1) Noncompliance with the Rules and Regulations for Day Care Centers, Family Day Care Homes, or Group Day Care Homes rules and regulations for child welfare agencies as adopted by the Board of Human Resources which are designated in writing to the facilities as being related to childrens health and safety;

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(2) Flagrant and continued operation of an unlicensed or uncommissioned facility in contravention of the law; or (3) Prior license or commission denial or revocation within one year of application." "(k) It shall be the duty of the department to inspect at regular intervals all licensed or commissioned child welfare agencies within the state, including all foster family homes used by such child-placing agencies. The department shall have right of entrance, privilege of inspection, and right of access to all children under the care and control of the licensee or commissionee." "(s) The term 'licensed day-care center child welfare agency' shall include a commissioned day-care center child welfare agency and any references in this Code to a licensed day-care center child welfare agency, including criminal, administrative, and civil provisions applicable to licensed day-care centers child welfare agencies, shall include and apply to commissioned day-care centers child welfare agencies unless otherwise provided in this Code section article."
SECTION 10. Said chapter is further amended by striking paragraph (1) of Code Section 49-5-60, relating to definitions regarding employees records checks for day-care centers, in its entirety and inserting in lieu thereof the following:
"(1) 'Center' means a day-care center, group day-care home, family day-care home, or child-caring institution or child-placing agency which is required to be licensed or registered under Article 1 of this chapter."
SECTION 11. Said chapter is further amended by striking Code Section 49-5-61, relating to the requirement of a separate license and separate director for each facility, in its entirety and inserting in lieu thereof the following:
"49-5-61. On and after July 1, 1985, an An applicant for a new license shall have a separate license for each new facility in this state owned or operated by that applicant and shall have a separate director for each such facility."
SECTION 12. Said chapter is further amended by repealing in its entirety Code Section 49-5-65.1, relating to employment of persons who have entered pleas of guilty or nolo contendere to specified offenses, which reads as follows:
"49-5-65.1. No facility operated as a day-care center, family day-care home, group-care facility, group day-care home, or similar facility or any operator of such a facility shall employ any person who has been convicted of or who has entered a plea of guilty or nolo contendere to any offense specified in Code Section 16-12-1.1 or allow any such person to reside at or be domiciled at such facility in violation of Code Section 16-12-1.1. The department shall either deny the issuance of or revoke the license, commission, or

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registration of any such facility violating the provisions of this Code section. The powers and duties set forth in this Code section are cumulative and not intended to limit the powers and duties set forth throughout this article."
SECTION 13. Said chapter is further amended by striking Code Section 49-5-67, relating to fingerprint records check application for directors of existing facilities, in its entirety and inserting in lieu thereof the following:
"49-5-67. (a) Notwithstanding any other provision of this article, an individual who resides in a family day-care home, as defined by Code Section 49-5-3, shall not be required to provide fingerprints for routine fingerprints records checks if the operator of the family day-care home provides the department with an affidavit stating that such individual is not present in the home at the same time as the children who are received for pay for supervision and care. However, all persons residing in a family day-care home are required to obtain satisfactory preliminary records checks and submit them to the department. (b) As an exception to the requirements set out in this article for employees of centers, a center may hire emergency temporary employees in order to avoid noncompliance with staffing requirements for centers required by law, rule, or regulation. An emergency temporary employee may start working immediately after requesting a preliminary records check from a local law enforcement agency and may work up to five working days without the results of the preliminary records check if the director of the center maintains an affidavit with supporting documents in the employees personnel file stating that the emergency temporary employee applied for a preliminary records check with a local law enforcement agency before the employee began work and the date that the preliminary records check was received from the local law enforcement agency. The employees personnel file shall be available to the department for inspection. At the end of the five-day work period or upon receipt of the results of the preliminary records check, whichever occurs first, emergency temporary employees become subject to all other requirements of this article. As an alternative to the requirements set out in this article pertaining to obtaining preliminary criminal records check determinations through the department for employees, foster parents, and adults residing in a foster care home, but not including directors of centers, centers may obtain GCIC information through local law enforcement agencies. The center shall be responsible for reviewing the GCIC information obtained for the potential employee, or foster parent or other adult residing in the foster care home, and making a written determination that the individual does not have a criminal record as defined in this article. This written determination, together with all supporting documentation received from any law enforcement agency, must be maintained in the centers file and available for inspection by the department. This satisfactory determination must be made before the employee or foster parent begins any duties for the center. However, where there is an urgent need for an emergency temporary employee to work at a centers facility in

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order to avoid immediate noncompliance with staffing requirements, such center may utilize the applicant as an emergency temporary employee after applying for the preliminary records check through the local law enforcement agency and completing the affidavit. In such emergency situations, the director of the center must complete an affidavit, with all supporting documentation attached thereto, stating that the GCIC information has been requested through an identified local law enforcement agency and that the results were not immediately available to the center prior to assigning the employee to work with children at the centers facility in order to avoid immediate noncompliance with staffing ratios. The affidavit with supporting documentation must be maintained in the centers file on the individual and available to the department for inspection. The director shall review the GCIC information upon receipt, but in no case shall an emergency temporary employee be permitted to continue working for more than three days without having a satisfactory determination made by the director and entered into the centers file on the employee with all supporting documentation. The department shall promulgate rules and regulations limiting the extent to which centers are authorized to use emergency temporary employees in accordance with this Code section. Foster parents and adults residing in a foster care home utilized by childplacing agencies shall never be utilized as emergency temporary employees of the child-placing agency. Employees, emergency temporary employees, foster parents, and other adults required to have records checks who are utilized by centers are subject to all other requirements set forth in this article. Where the department has reason to question the validity of the GCIC information or the satisfactory determination made by the center, the department may require the employee, emergency temporary employee, foster parent, or other adult to submit a preliminary criminal records check application through the department together with appropriate fees."
SECTION 14. Said chapter is further amended by striking subsection (d) of Code Section 49-5-69, relating to employment requirements and suspension or revocation of license or criminal penalty for violations, in its entirety and inserting in lieu thereof the following:
"(d) No center may hire any person as an employee after July 1, 1999, unless there is on file in the center an employment history and a satisfactory preliminary records check or, if the preliminary records check determination revealed a criminal record of any kind as to such person, either satisfactory state and satisfactory national records check determinations for that person or proof that an unsatisfactory determination has been reversed in accordance with Code Section 49-5-73."
SECTION 15. Said chapter is further amended by transferring to Chapter 1A of Title 20 of the Official Code of Georgia Annotated the provisions of Article 11 of said chapter, relating to the Georgia Child Care Council, renumbering such article and the Code sections therein, amending such article and Code sections as indicated in Section 3 of this Act, and reserving Article 11 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated.

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SECTION 16. The Official Code of Georgia Annotated is amended by striking from the following Code sections the name "Office of School Readiness" wherever the same shall occur and inserting in lieu thereof the name "Department of Early Care and Learning":
(1) Code Section 20-2-320, relating to the Education Information Steering Committee and identification of data to implement the Quality Basic Education Program; (2) Code Section 20-14-3, relating to membership, officers, and meetings of the Education Coordinating Council; (3) Code Section 20-14-8, relating to general powers and duties of the Education Coordinating Council; (4) Code Section 20-14-27, relating to required reports of the Office of Education Accountability; (5) Code Section 20-14-60, relating to performance based accountability assessment program for pre-kindergarten; and (6) Code Section 49-5-41, relating to persons and agencies permitted access to child abuse and deprivation records.
SECTION 17. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective October 1, 2004. (b) Provisions of this Act relating to the appointment of members of the board and the commissioner of the Department of Early Care and Learning shall become effective July 1, 2004.
SECTION 18. 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

E Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson E James Y Jamieson

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal

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 Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster
Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath E Heckstall Y Hembree Y Henson
Hill, C

E Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

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

On the passage of the Bill, by substitute, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 337. By Senators Hamrick of the 30th and Williams of the 19th:
A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of a state court of record, so as to provide for a statute of limitations for bringing such actions; to designate where a petition must be filed when the petitioner is being held by federal or other authorities; to provide for service; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL To amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated,

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relating to habeas corpus procedure for persons under sentence of a state court of record, so as to provide for a statute of limitations for bringing such actions; to designate where a petition must be filed when the petitioner is being held by federal or other authorities; to provide for service; to provide for the dismissal of a petition under certain circumstances in which the delay in filing such petition prejudiced the respondents ability to respond to such petition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of a state court of record, is amended by adding a new subsection (c) to Code Section 9-14-42, relating to grounds for a writ and waiver of objection to jury composition, to read as follows:
"(c) Any action brought pursuant to this article shall be filed within one year in the case of a misdemeanor, except as otherwise provided in Code Section 40-13-33, or within four years in the case of a felony, other than one challenging a conviction for which a death sentence has been imposed or challenging a sentence of death, from:
(1) The judgment of conviction becoming final by the conclusion of direct review or the expiration of the time for seeking such review; provided, however, that any person whose conviction has become final as of the effective date of this Code section, regardless of the date of conviction, shall have from the effective date of this Code section one year in the case of a misdemeanor or four years in the case of a felony to bring an action pursuant to this Code section; (2) The date on which an impediment to filing a petition which was created by state action in violation of the Constitution or laws of the United States or of this state is removed, if the petitioner was prevented from filing such state action; (3) The date on which the right asserted was initially recognized by the Supreme Court of the United States or the Supreme Court of Georgia, if that right was newly recognized by said courts and made retroactively applicable to cases on collateral review; or (4) The date on which the facts supporting the claims presented could have been discovered through the exercise of due diligence. (d) At the time of sentencing, the court shall inform the defendant of the periods of limitation set forth in subsection (c) of this Code section."
SECTION 2. Said article is further amended by striking Code Section 9-14-43, relating to jurisdiction of habeas corpus proceedings, and inserting in lieu thereof the following:
"9-14-43. A petition brought under this article must be filed in the superior court of the county in which the petitioner is being detained. The superior courts of such counties shall have

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exclusive jurisdiction of habeas corpus actions arising under this article. If the petitioner is not in custody or is being detained under the authority of the United States, any of the several states other than Georgia, or any foreign state, the petition must be filed in the superior court of the county in which the conviction and sentence which is being challenged was imposed."
SECTION 3. Said article is further amended by adding a new subsection (e) to Code Section 9-14-48, relating to hearings, to read as follows:
"(e) A petition, other than one challenging a conviction for which a death sentence has been imposed or challenging a sentence of death, may be dismissed if there is a particularized showing that the respondent has been prejudiced in its ability to respond to the petition by delay in its filing unless the petitioner shows by a preponderance of the evidence that it is based on grounds of which he or she could not have had knowledge by the exercise of reasonable diligence before the circumstances prejudicial to the respondent occurred. This subsection shall apply only to convictions had before July 1, 2004."
SECTION 4. This Act shall become effective on July 1, 2004.
SECTION 5. 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 N Anderson Y Ashe Y Bannister Y Barnard Y Barnes N Beasley-Teague N Benfield
Birdsong Y Black Y Boggs N Bordeaux Y Borders Y Bridges Y Brock N Brooks

E Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar
Dooley Y Douglas N Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J

Y Hill, C.A Hill, V
Y Hines Y Holmes N Houston Y Howard Y Howell Y Hudson N Hugley Y Jackson E James
Jamieson E Jenkins, C Y Jenkins, C.F Y Jones
Jordan

N Mitchell N Mobley Y Moraitakis Y Morris N Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal N Orrock Y Parham Y Parrish Y Parsons

Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V N Smyre Y Snow N Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes

2754
Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene N Greene-Johnson
Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath E Heckstall Y Hembree N Henson Y Hill, C

Y Joyce Y Keen N Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox N Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall N McClinton Y Millar Y Mills

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

Y Stoner Y Teilhet N Teper N Thomas Morgan N Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 138, nays 25.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Holmes of the 48th, Post 1 stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
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 687 Do Pass, by Substitute HB 1825 Do Pass HB 1826 Do Pass
Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

THURSDAY, MARCH 25, 2004

2755

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

HB 1825. By Representatives Keen of the 146th, Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A BILL to amend an Act providing for a base year assessed value homestead exemption from Glynn County ad valorem taxes for county purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; to allow such exemption to continue to be received by that unremarried surviving spouse; and for other purposes.

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

HB 1826. By Representatives Keen of the 146th, Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to repeal that constitutional amendment duly ratified at the 1956 general election that was proposed by Res. Act No. 27; H.R. No. 59-163h; which continued said constitutional amendment in force and effect as part of the Constitution of the State of Georgia; and for other purposes.

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

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

On the passage of the Bills, 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
Benfield

E Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson

Y Mitchell Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T

2756
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

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

Y Hugley Y Jackson E James Y Jamieson E Jenkins, C Y Jenkins, C.F Y Jones
Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills

Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

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

On the passage of the Bills, the ayes were 158, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 555. By Senators Hall of the 22nd and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Chapter 3 of Title 14 of the O.C.G.A., relating to nonprofit corporations, so as to provide for the updating of provisions relating to nonprofit corporations; to provide for definitions; to change certain provisions relating to notice requirements so as to provide for notice by electronic transmission; to provide for voting by electronic transmission pursuant to a court ordered meeting; to change certain provisions relating to publication of notice of intent to file articles of incorporation; to change a reference relating to ultra vires purposes and powers for conformity purposes; to change certain provisions relating to the

THURSDAY, MARCH 25, 2004

2757

definition of "nonprofit" and rights and powers of a nonprofit corporation; to amend Article 3 of Chapter 5 of Title 14 of the O.C.G.A., relating to corporations organized for religious, fraternal, or educational purposes, to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapters 2 and 3 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations and nonprofit corporations, respectively, so as to provide for the updating of provisions relating to business corporations and nonprofit corporations; to provide for undeliverable shareholder notices; to provide for electronic transmissions; to provide for renunciation of business opportunities; to provide for flexibility in amendments to series; to provide for effectiveness of amendments; to provide for mergers and share exchanges; to provide for mailings; to provide for authority to issue options; to provide for and change definitions; to change certain provisions relating to notice requirements; to change certain provisions relating to organization of corporations; to change certain provisions relating to terms of class or series determined by board of directors; to change certain provisions relating to share options; to change provisions relating to shareholders preemptive rights; to change certain provisions relating to effect of failure to present securities for redemption, surrender, cancellation, or payment; to change certain provisions relating to shareholders special meetings; to change certain provisions relating to shareholders actions without a meeting; to change certain provisions relating to notice of annual and special meetings of shareholders; to provide for waiver of notice by electronic transmission by a shareholder; to provide for a shareholders list for a shareholders meeting; to change certain provisions relating to resignation of a member of the board of directors; to change certain provisions relating to board of directors action without a meeting of the board of directors; to change certain provisions relating to waiver and notice of a meeting of the board of directors; to change certain provisions relating to resignation and removal of officers of corporations; to change certain provisions relating to amendment by board of directors and shareholders to the articles of incorporation; to change certain provisions relating to plan of merger or share exchange; to change certain provisions relating to sale of assets requiring shareholder approval; to change certain provisions relating to inspection of records of shareholders; to change certain provisions relating to financial statements for shareholders; to change certain provisions relating to notice requirements so as to provide for notice by electronic transmission; to provide for voting by electronic transmission pursuant to a court ordered meeting; to change certain provisions relating to publication of notice of intent to file articles of incorporation; to provide for consents by electronic transmission; to change a reference relating to ultra vires purposes and powers

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for conformity purposes; to change certain provisions relating to the definition of "nonprofit" and rights and powers of a nonprofit corporation; to change certain provisions relating to venue, residency, and principal office requirements; to change certain references relating to voting rights relative to members of nonprofit corporations; to provide for notice by electronic transmission of resignation of a member of a nonprofit corporation; to change certain provisions relating to special meetings of members of nonprofit corporations; to change certain provisions relating to approval of action without a meeting of members of a nonprofit corporation; to change certain provisions relating to notice of a meeting of members of a nonprofit corporation; to provide for waiver of notice by electronic transmission by a member of a nonprofit corporation; to provide for ballots by electronic transmission relating to action taken without a meeting of the members of a nonprofit corporation; to change certain provisions relating to membership lists of nonprofit corporations; to change certain provisions relating to proxies relative to voting by members of nonprofit corporations; to change certain provisions relating to the validity of a signature on a proxy by a member of a nonprofit corporation; to provide for resignation by a director of a nonprofit corporation by electronic transmission; to change certain provisions relating to action taken without a meeting of the board of directors of a nonprofit corporation; to provide for waiver of notice of a meeting by electronic transmission by a director of a nonprofit corporation; to change certain provisions relating to duties of officers of nonprofit corporations; to provide for notice of resignation of an officer of a nonprofit corporation by electronic transmission; to revise a reference relating to indemnification of officers, employees, and agents of nonprofit corporations; to change certain provisions relating to applicability of indemnification provisions in certain official documents of nonprofit corporations; to change certain provisions relating to restated articles of incorporation for nonprofit corporations; to change certain provisions relating to definitions and plans for mergers of nonprofit corporations; to change certain provisions relating to a merger without court approval; to change certain provisions relating to approval of plan of merger by members or directors and abandonment of the plan; to change certain provisions relating to articles of merger and publication of notice of merger; to provide for publication of notice of merger; to change certain provisions relating to effect of mergers, mergers with foreign corporations, and effect of mergers on bequests, devises, or other transfers of property; to provide for definitions relating to mergers, mergers with other entities, and the plan of merger with another entity; to change certain provisions relating to exceptions to prohibition against distributions relative to nonprofit corporations; to change certain provisions relating to dissolution by incorporators or initial directors; to change certain provisions relating to proposal of dissolution and approval thereof; to change certain provisions relating to request for presentation of claims, enforcement of claims, and when claims are barred; to provide for remedies of corporations for actions existing prior to the dissolution of a corporation; to change certain provisions relating to the requirement of a certificate of authority to transact business; to change certain provisions relating to resignation of a registered agent of a foreign corporation; to change certain provisions relating to withdrawal of a foreign corporation from the state; to change certain provisions relating

THURSDAY, MARCH 25, 2004

2759

to members rights to copy and inspect records; to provide for a request by a member by electronic transmission for an annual statement; to change certain provisions relating to applicability of chapter to certain corporations; to change certain provisions relating to saving provisions; to provide for changes regarding references to gender; to amend Article 3 of Chapter 5 of Title 14 of the Official Code of Georgia Annotated, relating to corporations organized for religious, fraternal, or educational purposes, so as to change a reference for conformity purposes; to amend Code Section 7-1-712 of the Official Code of Georgia Annotated, relating to applicability of Article 15 of Chapter 2 of Title 14, so as to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, is amended by striking Code Section 14-2-140, relating to definitions related to the chapter on business corporations, and inserting in lieu thereof the following:
"14-2-140. As used in this chapter, the term:
(1) 'Articles of incorporation' include amended and restated articles of incorporation and articles of merger. (2) 'Authorized shares' means the shares of all classes a domestic or foreign corporation is authorized to issue. (3) 'Conspicuous' or 'conspicuously' means so written that a reasonable person against whom the writing is to operate should have noticed it. For example, printing in italics or boldface or contrasting color or typing in capitals or underlined is conspicuous. (4) 'Corporation' or 'domestic corporation' means a corporation for profit, which is not a foreign corporation, incorporated under or subject to the provisions of this chapter. (5) 'Deliver' includes delivery by hand, mail, private carrier, and electronic transmission. (6) 'Distribution' means a direct or indirect transfer of money or other property (except its own shares or rights to acquire its own shares) or incurrence of indebtedness by a corporation to or for the benefit of its shareholders in respect of any of its shares. A distribution may be in the form of a declaration or payment of a dividend; a purchase, redemption, or other acquisition of shares; a distribution of indebtedness; or otherwise. (7) 'Effective date of notice' is defined in Code Section 14-2-141. (7.1)(8) 'Electronic transmission' or 'electronically transmitted' means any process form of communication not directly involving the physical transfer transmission of paper that is suitable for the retention, retrieval, and reproduction of information by the recipient creates a record that may be retained, retrieved and reviewed by a recipient thereof and that may be directly reproduced in paper form by such a

2760

JOURNAL OF THE HOUSE

recipient through an automated process. Electronic transmissions include, but are not limited to, telegraphs, telegrams, cablegrams, teletypes, e-mail, and facsimile transmissions. (9) 'Electronic network' means any medium for sending, receiving, and viewing electronic transmissions among persons. (8)(10) 'Employee' includes an officer but not a director. A director may accept duties that make him or her also an employee. (9)(11) 'Entity' includes corporation and foreign corporation; nonprofit corporation and foreign nonprofit corporation; profit and nonprofit unincorporated association; business trust, estate, general partnership, limited partnership, trust, two or more persons having a joint or common economic interest; limited liability company and foreign limited liability company; limited liability partnership and foreign limited liability partnership; and state, United States, and foreign government. (12) 'First-class' includes, when used with a reference to postage or mail, any class of postage or mail that is the equivalent of or better than first-class under the then prevailing mail classifications. (10)(13) 'Foreign corporation' means a corporation for profit incorporated under a law other than the law of this state. (11)(14) 'Governmental subdivision' includes authority, county, district, and municipality. (12)(15) 'Includes' denotes a partial definition. (13)(16) 'Individual' includes the estate of an incompetent or deceased individual. (14)(17) 'Mail' means the United States mail. (15)(18) 'Means' denotes an exhaustive definition. (16)(19) 'National securities exchange' means any securities exchange or securities quotation system if the securities listed on that exchange or system are exempt from the registration requirements of Chapter 5 of Title 10, known as the 'Georgia Securities Act of 1973,' pursuant to paragraph (8) or (8.1) of Code Section 10-5-8 or any successor provision. (17)(20) 'Notice' is defined in Code Section 14-2-141. (18)(21) 'Person' includes an individual and an entity. (19)(22) 'Principal office' means the office (in or out of this state) so designated in the annual registration where the principal executive offices of a domestic or foreign corporation are located. (20)(23) 'Proceeding' includes civil suit and criminal, administrative, and investigatory action. (21)(24) 'Record date' means the date established under Article 6 or 7 of this chapter on which a corporation determines the identity of its shareholders and their shareholdings for purposes of this chapter. The determinations shall be made as of the close of business on the record date unless another time for doing so is specified when the record date is fixed. (22)(25) 'Secretary' means the corporate officer to whom the board of directors has delegated responsibility under subsection (c) of Code Section 14-2-840 for custody of

THURSDAY, MARCH 25, 2004

2761

the minutes of the meetings of the board of directors and of the shareholders and for authenticating records of the corporation. (23)(26) 'Shares' means the units into which the proprietary interests in a corporation are divided. (24)(27) 'Share exchange' means a plan of exchange of all of the outstanding shares of one or more classes or series of shares in accordance with Code Section 14-2-1102. (25)(28) 'Shareholder' means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. (29) 'Sign' or 'signature' includes any manual, facsimile, conformed, or electronic signature. (26)(30) 'State,' when referring to a part of the United States, includes a state and commonwealth (and their agencies and governmental subdivisions) and a territory and insular possession (and their agencies and governmental subdivisions) of the United States. (27)(31) 'Subscriber' means a person who subscribes for shares in a corporation, whether before or after incorporation. (28)(32) 'Treasury shares' means shares of a corporation which have been issued and which subsequently have been acquired by the corporation if the articles of incorporation of such corporation provide that shares so acquired become treasury shares. Treasury shares shall be deemed to be issued shares, but not outstanding shares. (29)(33) 'United States' includes district, authority, bureau, commission, department, and any other agency of the United States. (30)(34) 'Voting group' means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. All shares entitled by the articles of incorporation or this chapter to vote generally on the matter are for that purpose a single voting group."
SECTION 2. Said chapter is further amended by striking subsections (b) and (c) of Code Section 14-2141, relating to notice requirements, and inserting in their place new subsections (b) and (c) and by adding new subsections (j) through (m) to read as follows:
"(b) Notice may be communicated in person; by telephone, telegraph, teletype, facsimile electronic transmission, or other form of wire or wireless communication; or by mail or private carrier. If these forms of personal notice are impracticable, notice may be communicated by a newspaper of general circulation in the area where published, or by radio, television, or other form of public broadcast communication. Unless otherwise provided in the articles of incorporation, bylaws, or this chapter, notice by facsimile transmission, telegraph, or teletype electronic transmission shall be deemed to be notice in writing for purposes of this chapter.

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(c) Written notice by a domestic or foreign corporation to its shareholders, if in a comprehensible form, is effective when mailed, if mailed with first-class postage prepaid and correctly addressed to the shareholders address shown in the corporations current record of shareholders. If at the record date fixed to determine the shareholders entitled to receive a notice the corporation has a class or series of shares listed on a national securities exchange or has more than 500 shareholders of record entitled to vote at a meeting, it may utilize a class of mail other than first class; provided, however, that if the notice is of the a meeting of shareholders, the notice is mailed, with adequate postage prepaid, not less than 30 days before the date of the meeting."
"(j)(1) Without limiting the manner by which notice otherwise may be given effectively to shareholders, any notice to shareholders given by the corporation under any provision of this chapter, the articles of incorporation, or the bylaws shall be effective if given by a form of electronic transmission consented to by the shareholder to whom the notice is given. Any such consent shall be revocable by the shareholder by written notice to the corporation. Any such consent shall be deemed revoked if:
(A) The corporation is unable to deliver by electronic transmission two consecutive notices given by the corporation in accordance with such consent; and (B) Such inability becomes known to the secretary or an assistant secretary of the corporation or to the transfer agent or other person responsible for the giving of notice; provided, however, the inadvertent failure to treat such inability as a revocation shall not invalidate any meeting or other action. (2) Notice given pursuant to paragraph (1) of this subsection shall be deemed effective: (A) If by facsimile telecommunication, when transmitted to a telephone number at which the shareholder has consented to receive notice; (B) If by e-mail, when transmitted to an e-mail address at which the shareholder has consented to receive notice; (C) If by a posting on an electronic network together with separate notice to the shareholder of such specific posting, upon the later of (i) such posting or (ii) the giving of such separate notice; or (D) If by any other form of electronic transmission, when transmitted to the shareholder. (k) An affidavit, certificate, or other written confirmation of the secretary or an assistant secretary or of the transfer agent or other agent of the corporation that the notice has been given under this Code section shall, in the absence of fraud, be primafacie evidence of the facts stated therein. (l) The corporation may be obligated to accept from a shareholder consents, requests, demands, or notices given and delivered under this chapter to the principal place of business of the corporation or to an officer or agent of the corporation having custody of the books in which proceedings of meetings of shareholders are recorded by electronic transmission only as provided by resolution of the board of directors of the corporation or in the articles of incorporation.

THURSDAY, MARCH 25, 2004

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(m) Unless the registered agent of the corporation provides written consent to the corporation to the receipt of a shareholders consent, request, demand, or notice by electronic transmission under this chapter, delivery made to a corporations registered office shall be made by hand or by certified or registered mail or statutory overnight delivery, return receipt requested."
SECTION 3. Said chapter is further amended by striking subsection (b) of Code Section 14-2-205, relating to organization of a corporation, and inserting in lieu thereof the following:
"(b) Action required or permitted by this chapter to be taken by incorporators at an organizational meeting may be taken without a meeting if the action taken is evidenced by one or more written consents in writing or by electronic transmission describing the action taken and signed by each incorporator."
SECTION 4. Said chapter is further amended by striking subsection (e) of Code Section 14-2-602, relating to terms of class or series determined by board of directors, and inserting in lieu thereof the following:
"(e) After the Unless otherwise provided in the articles of incorporation if a board of directors has established a series in accordance with the terms of this Code section, the board of directors may at any time and from time to time may amend the preferences, limitations, and relative rights of the series before any shares of the series have been issued; increase or decrease the number of shares contained in the series, but not below the number of shares then issued,; or eliminate the series where no shares are issued; in each case the board shall do so by filing articles of amendment, which are effective without shareholder action, in the manner provided in subsection (d) of this Code section. In case the number of shares contained in a series shall be decreased or a series of shares shall be eliminated, the shares that are the subject of the decrease or that compose the series being eliminated shall resume the status that they had prior to the adoption of the articles of amendment that first established such series unless otherwise provided in the articles of incorporation or unless the board of directors causes such shares to become treasury shares."
SECTION 5. Said chapter is further amended by adding a new subsection to Code Section 14-2-624, relating to share options, to read as follows:
"(f) The board of directors may, by a resolution adopted by the board, authorize one or more officers of the corporation to do one or both of the following:
(1) Designate officers and employees of the corporation or of any of its subsidiaries to be recipients of rights, options, or warrants to be issued by the corporation; or (2) Determine the number of rights, options, or warrants to be received by such officers and employees;

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provided, however, that the resolution authorizing such officer or officers shall specify the total number of rights, options, or warrants such authorized officer or officers may award. The board of directors may not authorize an officer to designate himself or herself as a recipient of any rights, options, or warrants."
SECTION 6. Said chapter is further amended by striking subparagraph (c)(2)(I) and paragraph (3) of subsection (c) of Code Section 14-2-630, relating to shareholders preemptive rights, and inserting in lieu thereof the following:
"(I) Shares released by waiver from their preemptive right by the affirmative vote or written consent in writing or by electronic transmission of the holders of twothirds of the shares of the class to be issued. Any vote or consent shall be binding on all shareholders and their transferees for the time specified in the vote or consent up to but not exceeding one year from the date thereof and shall protect the corporation, its management, and all persons who may within that time acquire the shares so released;" "(3) A shareholder may waive his or her individual preemptive right at any time, and the holders of a class of shares may waive the preemptive rights of the class by the affirmative vote or written consent in writing or by electronic transmission of the holders of two-thirds of the shares of the class with preemptive rights. The waiver of preemptive rights with respect to past issuances of shares shall be effective if made by the person who was the shareholder at the time the shares were issued. A waiver evidenced by a writing or by electronic transmission is irrevocable even though it is not supported by consideration;".
SECTION 7. Said chapter is further amended by striking subsections (b) and (c) of Code Section 14-2641, relating to effect of failure to present securities for redemption, surrender, cancellation, or payment, and inserting in lieu thereof the following:
"(b) When a corporation has duly and properly called for redemption of any securities and the registered holder of the securities has been mailed sent notice of call at his or her last address as it appears on the records of the corporation but fails to present the certificate for the securities or otherwise take action as required by the call within 60 days of the effective date of the call or such longer time as may be specified in the notice of the call, then the corporation may transfer the money or other property distributable upon the redemption to a trustee, for the benefit of the registered owner or his or her successors in title, and thereupon the securities shall be deemed as of the effective date of the call to have been redeemed, canceled, or paid and no longer outstanding. (c) In order for the transfer to the trustee permitted by subsection (b) of this Code section to be effective for this purpose, the corporation must have adopted a plan therefor prior to the call, and must have mailed sent notice to the registered holder of the securities of the details of the plan, including the name and address of the trustee, at

THURSDAY, MARCH 25, 2004

2765

the time of the mailing sending of the notice of the call. The registered holder for whom the transfer in trust is made, or his or her successors in title, shall have only the right to obtain the money or other property from the trustee:
(1) In the case of certificated securities, upon surrender to the trustee of the certificates involved; and (2) In the case of uncertificated securities, upon satisfying the trustee that he or she was the registered holder."
SECTION 8. Said chapter is further amended by striking subsections (a) and (e) of Code Section 14-2702, relating to shareholders special meetings, and inserting in lieu thereof the following:
"(a) A corporation shall hold a special meeting of shareholders: (1) On call of its board of directors or the person or persons authorized to do so by the articles of incorporation or bylaws; (2) Except as to corporations described in paragraph (3) of this subsection, if the holders of at least 25 percent, or such greater or lesser percentage as may be provided in the articles of incorporation or bylaws, of all the votes entitled to be cast on any issue proposed to be considered at the proposed special meeting, sign, date, and deliver to the corporation one or more written demands in writing or by electronic transmission for the meeting describing the purpose or purposes for which it is to be held; or (3) In the case of a corporation having 100 or fewer shareholders of record, if the holders of at least 25 percent, or such lesser percentage as may be provided in the articles of incorporation or bylaws, of all the votes entitled to be cast on any issue to be considered at the proposed special meeting sign, date, and deliver to the corporation one or more written demands in writing or by electronic means for the meeting describing the purpose or purposes for which it is to be held."
"(e) Unless otherwise provided in the articles of incorporation, a written demand by a shareholder for a special meeting may be revoked by a writing written or electronic transmission to that effect by the shareholder received by the corporation prior to the call of the special meeting."
SECTION 9. Said chapter is further amended by adding a new subsection to Code Section 14-2-704, relating to action taken without a shareholders meeting, to read as follows:
"(h) An electronic transmission which is transmitted by a shareholder that evidences a shareholders consent, requests or demands an action to be taken by the corporation, or provides notice to the corporation under this chapter shall be deemed to be written, signed, and dated for the purposes of this chapter, provided that any such electronic transmission sets forth or is delivered with information from which the corporation can determine (1) that the electronic transmission was transmitted by the shareholder and (2) the date on which such shareholder transmitted such electronic transmission.

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The date on which such electronic transmission is transmitted shall be deemed to be the date on which such consent, request, demand, or notice was signed."
SECTION 10. Said chapter is further amended by adding a new subsection to Code Section 14-2-705, relating to notice of annual and special shareholders meetings, to read as follows:
"(f) Notwithstanding the provisions of this Code section, a corporation need not provide any notice required by this Code section to a shareholder to whom:
(1) Notices of two consecutive annual meetings; or (2) All and at least two payments of dividends or interest on securities or dividend reinvestment confirmations during a 12 month period have been mailed addressed to the shareholders address shown in the corporations current record of shareholders and have been returned as undeliverable. Any action or meeting which shall be taken or held without notice to any such shareholder shall have the same force and effect as if such notice had been duly given. If any such shareholder shall deliver to the corporation written notice setting forth such shareholders then current address, the requirement that notice be given to such shareholder shall be reinstated. If the action taken by the corporation requires the filing of a document under any other provision of this chapter, the document need not state that notice was not given to shareholders to whom notice was not required to be given pursuant to this subsection."
SECTION 11. Said chapter is further amended by striking subsection (a) of Code Section 14-2-706, relating to waiver of notice by a shareholder, and inserting in lieu thereof the following:
"(a) A shareholder may waive any notice required by this chapter, the articles of incorporation, or bylaws before or after the date and time stated in the notice. The waiver must be in writing or by electronic transmission, be signed by the shareholder entitled to the notice, and be delivered to the corporation for inclusion in the minutes or filing with the corporate records."
SECTION 12. Said chapter is further amended by striking subsections (a) and (b) of Code Section 14-2720, relating to the list of shareholders who are entitled to notice of shareholders meetings, and inserting in lieu thereof the following:
"(a) After fixing a record date for a meeting, a corporation shall prepare an alphabetical list of the names of all its shareholders who are entitled to notice of a shareholders meeting. The list must be arranged by voting group (and within each voting group by class or series of shares) and show the address of and number of shares held by each shareholder. Nothing contained in this Code section shall require the corporation to include e-mail addresses or other information for delivery of electronic transmissions on such list.

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(b) The shareholders list must be available for inspection by any shareholder, his or her agent, his or his or her attorney at the time and place of the meeting:
(1) On a reasonably accessible electronic network, provided that the information required to gain access to such list is provided with the notice of the meeting upon request; or (2) During ordinary business hours at the principal place of business of the corporation. In the event that the corporation makes the list available on an electronic network, the corporation may take reasonable steps to ensure that such information is available only to shareholders of the corporation. If the meeting is to be held in person, then the list shall be produced and kept at the time and place of the meeting during the duration of the meeting and may be inspected by any shareholder who is present. If the meeting is to be held solely by means of remote communication, then the list shall also be open to the examination of any shareholder during the duration of the meeting on a reasonably accessible electronic network, and the information required to access such list shall be provided with the notice of the meeting."
SECTION 13. Said chapter is further amended by striking subsection (a) of Code Section 14-2-807, relating to resignation of directors, and inserting in lieu thereof the following:
"(a) A director may resign at any time by delivering written notice in writing or by electronic transmission to the board of directors, its chairman, or to the corporation."
SECTION 14. Said chapter is further amended by striking Code Section 14-2-821, relating to board of directors action without a board of directors meeting, and inserting in lieu thereof the following:
"14-2-821. (a) Unless the articles of incorporation or bylaws provide otherwise, action required or permitted by this chapter to be taken at a board of directors meeting may be taken without a meeting if the action is taken by all members of the board. The action must be evidenced by one or more written consents in writing or by electronic transmission describing the action taken, signed by each director, and delivered to the corporation for inclusion in the minutes or filing with the corporate records. (b) A consent signed and delivered by a director under this Code section has the effect of a meeting vote and may be described as such in any document."
SECTION 15. Said chapter is further amended by striking subsection (a) of Code Section 14-2-823, relating to waiver of notice of a meeting of the board of directors, and inserting in lieu thereof the following:
"(a) A director may waive any notice required by this chapter, the articles of incorporation, or bylaws before or after the date and time stated in the notice. Except as

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provided by subsection (b) of this Code section, the waiver must be in writing or by electronic transmission, signed by the director entitled to the notice, and delivered to the corporation for inclusion in the minutes or filing with the corporate records."
SECTION 16. Said chapter is further amended by striking subsection (a) of Code Section 14-2-843, relating to resignation and removal of officers of corporations, and inserting in lieu thereof the following:
"(a) An officer may resign at any time by delivering notice in writing or by electronic transmission to the corporation. A resignation is effective when the notice is effective unless the notice specifies a later future effective date. A copy of the notice of resignation as delivered to the corporation may be filed with the Secretary of State."
SECTION 17. Said chapter is further amended by striking in its entirety Code Section 14-2-1003, relating to amendments by board of directors and shareholders to the articles of incorporation, and inserting in lieu thereof the following:
"14-2-1003. (a) A corporations board of directors may propose one or more amendments to the articles of incorporation for submission to the shareholders. (b) For the amendment to be adopted:
(1) The board of directors must recommend the amendment to the shareholders unless the board of directors elects, because of a conflict of interest or other special circumstances, to make no recommendation and communicates the basis for its election to the shareholders with the amendment; and (2) The shareholders entitled to vote on the amendment must approve the amendment as provided in subsection (e) of this Code section. (c) The board of directors may condition its submission of the proposed amendment, the effectiveness of the proposed amendment, or both on any basis. (d) The corporation shall notify each shareholder entitled to vote of the proposed shareholders meeting in accordance with Code Section 14-2-705. The notice of meeting must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed amendment and contain or be accompanied by a copy or summary of the amendment. (e) Unless this chapter, the articles of incorporation, or the board of directors (acting pursuant to subsection (c) of this Code section) require a greater vote or a vote by voting groups, the amendment to be adopted must be approved by a majority of the votes entitled to be cast on the amendment by each voting group entitled to vote on the amendment. (f) At any time prior to the time the amendment becomes effective, notwithstanding authorization of the proposed amendment by the shareholders of the corporation, the board of directors may abandon such proposed amendment without further shareholder action. If the amendment is abandoned after articles of amendment have been filed with

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the Secretary of State but before the amendment has become effective, a statement that the amendment has been abandoned in accordance with this Code section executed on behalf of the corporation shall be delivered to the Secretary of State for filing prior to the effectiveness of the amendment. Upon filing, the statement shall take effect and the amendment shall be deemed abandoned and shall not become effective."
SECTION 18. Said chapter is further amended by striking subsections (c) and (i) of Code Section 14-21103, relating to action on plan of merger or share exchange, and inserting in their place new subsections (c) and (i) and by adding a new subsection (j) to read as follows:
"(c) The board of directors may condition its submission of the proposed merger or share exchange, the effectiveness of the proposed merger or share exchange, or both on any basis." "(i) After Unless otherwise provided in a plan of merger or share exchange or in the laws under which a foreign corporation that is a party to a merger or share exchange is organized or by which it is governed, a merger or share exchange is authorized, and at any time before articles of merger or a certificate of merger or share exchange is filed, the planned becomes effective, the plan of merger or share exchange may be abandoned (subject to any contractual rights) without further shareholder action, in accordance with the procedure set forth in the plan of merger or share exchange or, if none is set forth, in the manner determined by the board of directors and otherwise in accordance with subsection (j) of this Code section. (j) If a merger or share exchange is abandoned as permitted by subsection (i) of this Code section after articles or a certificate of merger or share exchange has been filed with the Secretary of State but before the merger or share exchange has become effective, a statement that the merger or share exchange has been abandoned in accordance with this Code section executed on behalf of a party to the merger or share exchange by an officer or other duly authorized representative shall be delivered to the Secretary of State for filing prior to the effectiveness of the merger or share exchange. Upon filing, the statement shall take effect and the merger or share exchange shall be deemed abandoned and shall not become effective."
SECTION 19. Said chapter is further amended by striking subsection (c) of Code Section 14-2-1202, relating to sale of assets requiring shareholder approval, and inserting in lieu thereof the following:
"(c) The board of directors may condition its submission of the proposed transaction, the effectiveness of the proposed transaction, or both on any basis."
SECTION 20. Said chapter is further amended by striking paragraphs (5) and (6) of subsection (a) of Code Section 14-2-1602, relating to inspection of records by shareholders, and inserting in lieu thereof the following:

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"(5) The minutes of all shareholders meetings, executed waivers of notice of meetings, and executed written consents, delivered in writing or by electronic transmission, evidencing all action taken by shareholders without a meeting, for the past three years; (6) All written communications in writing or by electronic transmission to shareholders generally within the past three years, including the financial statements furnished for the past three years under Code Section 14-2-1620;".
SECTION 21. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 14-2-1620, relating to financial statements for shareholders, and inserting in lieu thereof the following:
"(a) Not later than four months after the close of each fiscal year and in any case prior to the annual meeting of shareholders, each corporation shall prepare (1) a balance sheet showing in reasonable detail the financial condition of the corporation as of the close of its fiscal year, and (2) a profit and loss statement showing the results of its operation during its fiscal year. Upon written request in writing or by electronic transmission, the corporation promptly shall mail to any shareholder of record a copy of the most recent balance sheet and profit and loss statement. If prepared for other purposes, the corporation shall also furnish upon written request in writing or by electronic transmission a statement of sources and applications of funds and a statement of changes in shareholders equity for the fiscal year. If financial statements are prepared by the corporation on the basis of generally accepted accounting principles, the annual financial statements must also be prepared, and disclose that they are prepared, on that basis. If financial statements are prepared otherwise than on the basis of generally accepted accounting principles, they must so disclose and must be prepared on the same basis as other reports or statements prepared by the corporation for the use of others."
SECTION 22. Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to nonprofit corporations, is amended by striking in its entirety Part 4 of Article 1, relating to definitions and notice relative to nonprofit corporations, and inserting in lieu thereof the following:
"Part 4
14-3-140. As used in this chapter, the term:
(1) 'Articles of incorporation' or 'articles' includes amended and restated articles of incorporation and articles of merger. (2) 'Board of directors' or 'board' means the person or persons vested with the authority to manage the affairs of the corporation, irrespective of the name by which

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such group is designated, but shall not include any person solely by virtue of powers delegated to him or her by Code Section 14-3-801. (3) 'Business corporation' means a corporation for profit, incorporated under the provisions of Chapter 2 of this title. (3)(4) 'Bylaws' means the code of rules (other other than the articles) articles adopted pursuant to this chapter for the regulation or management of the affairs of the corporation, irrespective of the name or names by which such rules are designated. (4)(5) 'Class' refers to a group of memberships which have the same rights with respect to voting, dissolution, redemption, and transfer. For the purpose of this Code section, rights shall be considered the same if they are determined by a formula applied uniformly. (5) 'Conspicuous' means written in such a manner that a reasonable person against whom the writing is to operate should have noticed it. For example, printing in italics or boldface or contrasting color or typing in capitals or underlined is conspicuous. (6) 'Corporation' or 'domestic corporation' means a nonprofit corporation, other than a foreign corporation, organized incorporated under or subject to the provisions of this chapter. (7) 'Delegate' means a person elected or appointed to vote in a representative assembly for the election of a director or on other matters. (8) 'Deliver' includes mail delivery by hand, mail, private carrier, and electronic transmission. (9) 'Distribution' means the payment of a dividend or any part of the income or profit of a corporation to its members, directors, or officers. Payment of indemnification or reasonable compensation, fees, or expenses incurred in the performance of duties on behalf of the corporation is not a distribution. (10) 'Domestic corporation' means a corporation. (11)(10) 'Effective date of notice' is defined in Code Section 14-3-141. (11.1)(11) 'Electronic transmission' or 'electronically transmitted' means any process form of communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval, and reproduction of information by the recipient transmission of paper that creates a record that may be retained, retrieved, and reviewed by a recipient thereof and that may be directly reproduced in paper form by such a recipient through an automated process. Electronic transmissions include, but are not limited to, telegraphs, telegrams, cablegrams, teletypes, e-mail, and facsimile transmissions. (12) 'Electronic network' means any medium for sending, receiving, and viewing electronic transmissions among persons. (12)(13) 'Employee' includes an officer but not a director. A director may accept duties that make him or her also an employee. (13) (14) 'Entity' includes corporation and foreign corporation; business corporation and foreign business corporation; profit and nonprofit unincorporated association; business trust, estate, general partnership, limited partnership, trust, two or more persons having a joint or common economic interest; limited liability company and

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foreign limited liability company; limited liability partnership and foreign limited liability partnership; state, United States, and foreign government; and regional development center solely for the purpose of implementing subsection (f) of Code Section 50-8-35. (15) 'Foreign business corporation' means a corporation for profit incorporated under a law other than the law of this state. (14)(16) 'Foreign corporation' means a corporation organized incorporated under a law other than the law of this state which would be a nonprofit corporation if organized incorporated under, or subject to, this chapter. (15)(17) 'Governmental subdivision' includes an authority, county, district, and municipality or any other political subdivision. (16)(18) 'Includes' denotes a partial definition. (17)(19) 'Individual' includes the estate of an incompetent or deceased individual. (18)(20) 'Mail' includes the United States mail. (19)(21) 'Means' denotes an exhaustive definition. (20)(22) 'Member' means (without without regard to the name by which a person is designated in the articles or bylaws) bylaws any person who is entitled to vote for the election of a director or directors pursuant to a provision of the corporations articles or bylaws that expressly provides for or contemplates the existence of members. A person is not a member by virtue of any of the following:
(A) Any rights such person has as a delegate; (B) Any rights such person has to designate or confirm a director or directors; or (C) Any rights such person has as a director. (21) 'Nonprofit corporation' means a corporation which may make no distribution to its members, directors, or officers, except as reasonable compensation for services rendered, and except as otherwise provided in this chapter. (22)(23) 'Notice' is defined in Code Section 14-3-141. (23)(24) 'Person' includes an individual and an entity. (24)(25) 'Principal office' means the office (in in or out of this state) state so designated in the annual registration where the principal executive offices of a domestic or foreign corporation are located. (25)(26) 'Proceeding' includes civil suit and criminal, administrative, and investigatory action. (26)(27) 'Record date' means the date established under Article 6 or 7 of this chapter on which a corporation determines the identity of its members for purposes of this chapter. The determinations shall be made as of the close of business on the record date unless another time for doing so is specified when the record date is fixed. (27)(28) 'Secretary' means the corporate officer to whom the board of directors has delegated responsibility under subsection (b) of Code Section 14-3-840 for custody of the minutes of the meetings of the board of directors and of any members and for authenticating records of the corporation. (29) 'Signature' or 'sign' includes any manual, facsimile, conformed, or electronic signature.

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(28)(30) 'State,' when referring to a part of the United States, includes a state, commonwealth, the District of Columbia (and their agencies and governmental subdivisions) and a territory and insular possession (and their agencies and governmental subdivisions) of the United States. (29)(31) 'Superior court' means the superior court of the county in which the corporations registered office is located; or, if the corporation has no registered office, the county in which the corporations principal office is located; or, if the corporation has neither a registered office nor a principal office, then the Superior Court of Fulton County. (30)(32) 'United States' includes district, authority, bureau, commission, department, and any other agency of the United States. (31)(33) 'Voting power' means the total number of votes entitled to be cast for the election of directors at the time the determination of voting power is made, excluding a vote which is contingent upon the happening of a condition or event that has not occurred at the time. Where a class is entitled to vote as a class for directors, the determination of voting power of the class shall be based on the percentage of the number of directors the class is entitled to elect out of the total number of authorized directors.
14-3-141. (a) Notice under this chapter shall be in writing or by electronic transmission unless oral notice is reasonable under the circumstances. (b) Notice may be communicated in person; by telephone, telegraph, teletype electronic transmission, or other form of wire or wireless communication; or by mail or private carrier. If these forms of personal notice are likely to prove impracticable in particular cases, notice may in addition be communicated by a newspaper of general circulation in the area where published or by radio, television, or other form of public broadcast communication. Unless otherwise provided in the articles of incorporation, bylaws, or this chapter, notice by electronic transmission shall be deemed to be notice in writing for purposes of this chapter. (c) Written notice by a domestic or foreign corporation to its members, if in a comprehensible form, is effective when mailed, if mailed with first-class postage prepaid and correctly addressed to the members address shown in the corporations current record of members. If the corporation has more than 500 members of record entitled to vote at a meeting, it may utilize a class of mail other than first class if the notice of the meeting is mailed, with adequate postage prepaid, not less than 30 days before the date of the meeting. (d) Written notice to a domestic or foreign corporation (authorized authorized to transact business in this state) state may be addressed to its registered agent at its registered office or to the corporation or its secretary at its principal office shown in its most recent annual registration or, in the case of a foreign corporation that has not yet delivered an annual registration, in its application for a certificate of authority.

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(e) Except as provided in subsection (c) subsections (c) and (h) of this Code section or in the articles of incorporation or bylaws, written notice, if in a comprehensible form, is effective at the earliest of the following:
(1) When received or when delivered, properly addressed, to the addressees last known principal place of business or residence; (2) Five days after its deposit in the mail, as evidenced by the postmark, if mailed with first-class postage prepaid and correctly addressed; or (3) On the date shown on the return receipt, if sent by registered or certified mail or statutory overnight delivery, return receipt requested, and the receipt is signed by or on behalf of the addressee. (f) Oral notice is effective when communicated if communicated in a comprehensible manner. (g) In calculating time periods for notice under this chapter, when a period of time measured in days, weeks, months, years, or other measurement of time is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted. (h)(1) Without limiting the manner by which notice otherwise may be given effectively to members, any notice to members given by the corporation under any provision of this chapter, the articles of incorporation, or the bylaws shall be effective if given by a form of electronic transmission consented to by the member to whom the notice is given. Any such consent shall be revocable by the member by written notice to the corporation. Any such consent shall be deemed revoked if:
(A) The corporation is unable to deliver by electronic transmission two consecutive notices given by the corporation in accordance with such consent; and (B) Such inability becomes known to the secretary or an assistant secretary of the corporation or to the transfer agent or other person responsible for the giving of notice; provided, however, that the inadvertent failure to treat such inability as a revocation shall not invalidate any meeting or other action. (2) Notice given pursuant to this subsection shall be deemed effective: (A) If by facsimile telecommunication, when transmitted to a number at which the member has consented to receive notice; (B) If by e-mail, when transmitted to an e-mail address at which the member has consented to receive notice; (C) If by a posting on an electronic network together with separate notice to the member of such specific posting, upon the later of (i) such posting or (ii) the giving of such separate notice; and (D) If by any other form of electronic transmission, when transmitted to the member. (i) An affidavit, certificate, or other written confirmation of the secretary or an assistant secretary or of the transfer agent or other agent of the corporation that the notice has been given under this Code section shall, in the absence of fraud, be prima-facie evidence of the facts stated therein.

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(j) The corporation may be obligated to accept from a member consents, requests, demands, or notices given and delivered under this chapter to the principal place of business of the corporation or to an officer or agent of the corporation having custody of the books in which proceedings of meetings of members are recorded by electronic transmission only as provided by resolution of the board of directors of the corporation or in the articles of incorporation. (k) Unless the registered agent of the corporation shall provide written consent to the corporation to the receipt of a members consent, request, demand, or notice by electronic transmission under this chapter, delivery made to a corporations registered office shall be made by hand or by certified or registered mail or statutory overnight delivery, return receipt requested. (l) If this chapter prescribes notice requirements for particular circumstances, those requirements govern. If articles of incorporation or bylaws prescribe notice requirements, not inconsistent with this Code section or other provisions of this chapter, those requirements govern."
SECTION 23. Said chapter is further amended by striking subsection (a) of Code Section 14-3-160, relating to court ordered meetings, notice of such meetings, and the validity of such meetings or votes relative to nonprofit corporations, in its entirety and inserting in lieu thereof the following:
"(a) If for any reason it is impractical or impossible for any corporation to call or conduct a meeting of its members, delegates, or directors, or otherwise obtain their consent, in the manner prescribed by its articles, bylaws, or this chapter, then upon petition of a director, officer, delegate, member, or the Attorney General, the superior court may order that such a meeting be called or that a written ballot in writing or by electronic transmission or other form of obtaining the vote of members, delegates, or directors be authorized, in such a manner as the court finds fair and equitable under the circumstances."
SECTION 24. Said chapter is further amended by striking in its entirety Code Section 14-3-202.1, relating to publication of notice of intent to file articles of incorporation of nonprofit corporations, and inserting in lieu thereof the following:
"14-3-202.1. Code Section 14-2-201.1 shall apply equally to the organization of corporations under this chapter, except that the notice to the publisher of the newspaper shall be in substantially the following form:
'NOTICE OF INTENT TO INCORPORATE INCORPORATION Notice is given that articles of incorporation which will incorporate _________________________ (name of corporation) will be have been delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code. The initial registered office of the corporation will be is located at

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_______________________ (address of registered office) and its initial registered agent at such address is _______________________ (name of agent).'"
SECTION 25. Said chapter is further amended by striking subsection (b) of Code Section 14-3-205, relating to organizational meetings relative to nonprofit corporations, and inserting in lieu thereof the following:
"(b) Action required or permitted by this chapter to be taken by incorporators at an organizational meeting may be taken without a meeting if the action taken is evidenced by one or more written consents in writing or by electronic transmission describing the action taken and signed by each incorporator."
SECTION 26. Said chapter is further amended by striking subsection (b) of Code Section 14-3-304, relating to ultra vires purposes and powers relative to nonprofit corporations, and inserting in lieu thereof the following:
"(b) A corporations power to act may be challenged: (1) In a proceeding by a member against the corporation to enjoin the act; (2) In a proceeding by the corporation, directly, derivatively, or through a receiver, trustee, or other legal representative, against an incumbent or former director, officer, employee, or agent of the corporation; or (3) In a proceeding by the Attorney General under Code Section 14-2-1430 14-31430."
SECTION 27. Said chapter is further amended by striking subsections (a) and (b) of Code Section 14-3305, relating to a nonprofit defined, rights, reporting practices, and the directors role, and inserting in lieu thereof the following:
"(a) As used in this Code section, the term 'nonprofit' means any nonprofit corporation organized under or subject to this chapter which is formed, created, or operated by or on behalf of a hospital authority. (b) Nonprofits shall have all of the rights, powers, benefits, and purposes granted to other nonprofit corporations under this chapter and shall not be subject to any restrictions contained in Article 4 of Chapter 7 of Title 31, the 'Hospital Authorities Law,' except as provided in subsections (c) and (d) of this Code section."
SECTION 28. Said chapter is further amended by striking subsection (b) of Code Section 14-3-510, relating to venue, residency, and principal office requirements, and inserting in lieu thereof the following:
"(b) For the purpose of determining venue, each Each domestic corporation and each foreign corporation authorized to transact business in this state shall be deemed to reside and to be subject to venue as follows:

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(1) For purposes of In civil proceedings generally, in the county of this state where the corporation maintains its registered office is maintained, or if the corporation fails to maintain a registered office, it shall be deemed to reside in the county in this state where its last named registered office or principal office, as shown by the records of the Secretary of State, was maintained; (2) For purposes of proceedings In actions based on contracts, in that county in which this state where the contract sought to be enforced was made or is to be performed, if it the corporation has an office and transacts business in that county, and may be sued; (3) For purposes of proceedings In actions for damages because of torts, wrong, or injury done, in the county where the cause of action originated, if the corporation has an office and transacts business in that county; and (4) In actions for damages because of torts, wrong, or injury done, in the county where the cause of action originated. If venue is based solely on this paragraph, the defendant shall have the right to remove the action to the county in Georgia where the defendant maintains its principal place of business. A notice of removal shall be filed within 45 days of service of the summons. Upon motion by the plaintiff filed within 45 days of the removal, the court to which the case is removed may remand the case to the original court if it finds that removal is improper under the provisions of this paragraph. Upon the defendants filing of a notice of removal, the 45 day time period for filing such notice shall be tolled until the remand, the entry of an order by the court determining that the removal is valid, or the expiration of the time period for the plaintiff to file a motion challenging the removal, whichever occurs first; and (5) In For purposes of garnishment proceedings, in the county of this state in which is located the corporate office or place of business where the employee who is the defendant in the main action is employed."
SECTION 29. Said chapter is further amended by striking in its entirety Code Section 14-3-610, relating to voting rights relative to members of nonprofit corporations, and inserting in lieu thereof the following:
"14-3-610. Members as defined in paragraph (20) (22) of Code Section 14-3-140 shall have no voting rights, other than to elect directors, except as specifically provided in the articles or bylaws. All members shall have the same rights and obligations with respect to any other matters, except as set forth in or authorized by the articles or bylaws. Except for the rights specified in Code Section 14-3-630 Sections 14-3-740 through 14-3-747, members of any corporation existing on July 1, 1991, shall be limited to having the same voting and other rights as before such date, until changed by amendment of its articles of incorporation or bylaws."
SECTION 30. Said chapter is further amended by striking subsection (a) of Code Section 14-3-620, relating to the resignation of a member of a nonprofit corporation and the effect thereof,

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and inserting in lieu thereof the following: "(a) Unless otherwise provided by law, a member may resign from membership at any time by delivering notice in writing or by electronic transmission to the corporation. A resignation is effective when the notice is delivered unless the notice specifies a later effective date, although the articles or bylaws may require reasonable notice before the resignation is effective."
SECTION 31. Said chapter is further amended by striking in its entirety Code Section 14-3-702, relating to special meetings of members of nonprofit corporations, and inserting in lieu thereof the following:
"14-3-702. (a) A corporation with members shall hold a special meeting of members:
(1) On call of its board or the person or persons authorized to do so by the articles or bylaws; or (2) Except as otherwise provided in the articles or bylaws, if the holders of at least 5 percent of the voting power of any corporation sign, date, and deliver to any corporate officer one or more written demands in writing or by electronic transmission for the meeting describing the purpose or purposes for which it is to be held. (b) If not otherwise fixed under Code Section 14-3-703 or Code Section 14-3-707, the record date for determining members entitled to demand a special meeting is the date the first member signs the demand. (c) If a notice for a special meeting demanded under paragraph (2) of subsection (a) of this Code section is not given pursuant to Code Section 14-3-705 within 30 days after the date the written demand or demands in writing or by electronic transmission are delivered to a corporate officer, regardless of the requirements of subsection (d) of this Code section, a person signing the demand or demands may set the time and place of the meeting and give notice pursuant to Code Section 14-3-705. (d) Special meetings of members may be held in or out of this state at the place stated in or fixed in accordance with the bylaws. If no place is stated or fixed in accordance with the bylaws, special meetings shall be held at the corporations principal office or other suitable place. (e) Only those matters that are within the purpose or purposes described in the meeting notice required by Code Section 14-3-705 may be conducted at a special meeting of members. (f) Unless otherwise provided in the articles, a demand by a member for a special meeting may be revoked by a written or electronic transmission to that effect by the member received by the corporation prior to the call of the special meeting. (g) A bylaw provision governing the voting power required to call special meetings is not a quorum or voting requirement."
SECTION 32. Said chapter is further amended by striking in its entirety Code Section 14-3-704, relating

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to approval of action without a meeting of the members of a nonprofit corporation, and inserting in lieu thereof the following:
"14-3-704. (a) Unless limited or prohibited by the articles or bylaws, or unless this chapter requires a greater number of affirmative votes, action required or permitted by this chapter to be approved by the members may be approved without a meeting of members if the action is approved by members holding at least a majority of the voting power. The action must be evidenced by one or more written consents in writing or by electronic transmission describing the action taken, signed by those members representing at least a majority of the voting power, and delivered to the corporation for inclusion in the minutes or filing with the corporate records. (b) No consent in writing or by electronic transmission signed under this Code section shall be valid unless:
(1) The consenting member has been furnished the same material that, under this chapter, would have been required to be sent to members in a notice of a meeting at which the proposed action would have been submitted to the members for action; or (2) The written consent contains an express waiver of the right to receive the material otherwise required to be furnished. (c) If not otherwise determined under Code Section 14-3-703 or Code Section 14-3707, the record date for determining members entitled to take action without a meeting is the date the first member signs the consent. (c)(d) A consent signed under this Code section has the effect of a meeting vote and may be described as such in any document. (d)(e) Written notice of member approval pursuant to this Code section shall be given to all members who have not signed the written consent. If written notice is required, member approval pursuant to this Code section shall be effective ten days after such written notice is given. (f) An electronic transmission which is transmitted by a member that evidences a members consent or approval on a ballot, requests or demands an action to be taken by the corporation, or provides notice to the corporation under this chapter shall be deemed to be written, signed, and dated for the purposes of this chapter, provided that any such electronic transmission sets forth or is delivered with information from which the corporation can determine (1) that the electronic transmission was transmitted by the member and (2) the date on which such member transmitted such electronic transmission. The date on which such electronic transmission is transmitted shall be deemed to be the date on which such consent, request, demand, or notice was signed."
SECTION 33. Said chapter is further amended by striking subsection (e) of Code Section 14-3-705, relating to notice of a meeting of members of a nonprofit corporation, and inserting in lieu thereof the following:
"(e) When giving notice of an annual, regular, or special meeting of members, a corporation shall give notice of a matter a member intends to raise at the meeting if:

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(1) Requested in writing or by electronic transmission to do so by a person entitled to call a special meeting; and (2) The request is received by the secretary or president of the corporation at least ten days before the corporation gives notice of the meeting."
SECTION 34. Said chapter is further amended by striking subsection (a) of Code Section 14-3-706, relating to waiver of notice by a member of a nonprofit corporation, and inserting in lieu thereof the following:
"(a) A member may waive any notice required by this chapter, the articles, or bylaws before or after the date and time stated in the notice. The waiver must be in writing or by electronic transmission, be signed by the member entitled to the notice, and be delivered to the corporation for inclusion in the minutes or filing with the corporate records."
SECTION 35. Said chapter is further amended by striking in its entirety Code Section 14-3-708, relating to action taken without a meeting of the members of a nonprofit corporation, and inserting in lieu thereof the following:
"14-3-708. (a) Unless prohibited or limited by the articles or bylaws, any action that may be taken at any annual, regular, or special meeting of members may be taken without a meeting if the corporation delivers a written ballot in writing or by electronic transmission to every member entitled to vote on the matter. (b) A written ballot in writing or by electronic transmission shall:
(1) Set forth each proposed action; and (2) Provide an opportunity to vote for or against each proposed action. (c) Approval by written ballot in writing or by electronic transmission pursuant to this Code section shall be valid only when the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot. (d) All solicitations for votes by written ballot in writing or by electronic transmission shall: (1) Indicate the number of responses needed to meet the quorum requirements; (2) State the percentage of approvals necessary to approve each matter other than election of directors; and (3) Specify the time by which a ballot must be received by the corporation in order to be counted. (e) Except as otherwise provided in the articles or bylaws, a written ballot in writing or by electronic transmission may not be revoked."

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SECTION 36. Said chapter is further amended by striking subsections (a) through (c) of Code Section 14-3-720, relating to membership lists of nonprofit corporations, and inserting in lieu thereof the following:
"(a) After fixing a record date for a meeting, a corporation shall prepare an alphabetical list of the names of all its members who are entitled to notice of the meeting. The list must show the address of and number of votes each member is entitled to vote at the meeting. Nothing contained in this Code section shall require the corporation to include e-mail addresses or other information for delivery of electronic transmissions on such list. (b) The list of members must be available for inspection by any member for the purpose of communication with other members concerning the meeting, beginning two business days after notice is given of the meeting for which the list was prepared and continuing through the meeting: (1) on a reasonably accessible electronic network, provided that the information required to gain access to such list is provided with the notice of the meeting or upon request or (2) during ordinary business hours, at the corporations principal office or at a reasonable place identified in the meeting notice in the city where the meeting will be held. In the event that the corporation makes the list available on an electronic network, the corporation may take reasonable steps to ensure that such information is available only to members of the corporation. A member, a members agent, or a members attorney is entitled on written demand to inspect and, subject to the limitations of subsection (c) of Code Section 14-3-1602 and Code Section 14-3-1605, to copy the list, at a reasonable time and at the members expense, during the period it is available for inspection. (c) The If the meeting is to be held in person, the corporation shall make the list of members available at the meeting, and any member, a members agent, or members attorney is entitled to inspect the list at any time during the meeting or any adjournment. If the meeting is to be held solely by means of remote communication, then the list shall be open to the examination of any member during the duration of the meeting on a reasonably accessible electronic network, and the information required to access such list shall be provided with the notice of the meeting."
SECTION 37. Said chapter is further amended by striking in its entirety Code Section 14-3-724, relating to proxies relative to voting by members of nonprofit corporations, and inserting in lieu thereof the following:
"14-3-724. (a) Unless the articles or bylaws prohibit or limit proxy voting, a member may vote in person or by proxy. (b) A member or his or her agent or attorney in fact may appoint a proxy to vote or otherwise act for the member by signing an appointment form either personally or by an attorney in fact an electronic transmission. An electronic transmission must contain or be accompanied by information from which it can be determined that the member, the

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members agent, or the members attorney in fact authorized the electronic transmission. (c) An appointment of a proxy is effective when a signed appointment form or electronic transmission of the appointment is received by the secretary or other officer or agent authorized to tabulate votes. An appointment is valid for 11 months unless a different period is expressly provided in the appointment form. (d) An appointment of a proxy is revocable by the member. (e) The death or incapacity of the member appointing a proxy does not affect the right of the corporation to accept the proxys authority unless notice of the death or incapacity is received by the secretary or other officer or agent authorized to tabulate votes before the proxy exercises authority under the appointment. (f) Appointment of a proxy is revoked by the person appointing the proxy:
(1) Attending any meeting and voting in person; or (2) Signing and delivering to the secretary or other officer or agent authorized to tabulate proxy votes either a writing stating that the appointment of the proxy is revoked or a subsequent appointment form. (g) Subject to Code Section 14-3-727 and any express limitation on the proxys authority appearing on the face of the appointment form or in the electronic transmission, a corporation is entitled to accept the proxys vote or other action as that of the member making the appointment. (h) Any copy, facsimile transmission, or other reliable reproduction of the writing or electronic transmission created pursuant to subsection (b) of this Code section may be substituted or used in lieu of the original writing or electronic transmission for any and all purposes for which the original writing or electronic transmission could be used, provided that such copy, facsimile transmission, or other reproduction shall be a complete reproduction of the entire original writing or electronic transmission. (i) A corporation may adopt bylaws authorizing additional means or procedures for members to exercise rights granted by this Code section."
SECTION 38. Said chapter is further amended by striking subsections (c) through (e) of Code Section 14-3-727, relating to the validity of a signature on a proxy by a member of a nonprofit corporation, and inserting in lieu thereof the following:
"(c) The corporation is entitled to reject a vote, consent, waiver, or proxy appointment if the secretary or other officer or agent authorized to tabulate votes, acting in good faith, has reasonable basis for doubt about the validity of the signature on it or about the signatorys authority to sign for the member or about the faithfulness or completeness of the reproduction when the original has not been examined. (d) The corporation and its officer or agent who accept or reject a vote, consent, waiver, or proxy appointment in good faith and in accordance with the standards of this Code section or subsection (b) of Code Section 14-3-724 are not liable in damages to the member for the consequences of the acceptance or rejection.

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(e) Corporate action based on the acceptance or rejection of a vote, consent, waiver, or proxy appointment under this Code section or subsection (b) of Code Section 14-3-724 is valid unless a court of competent jurisdiction determines otherwise."
SECTION 39. Said chapter is further amended by striking subsection (a) of Code Section 14-3-807, relating to the resignation of directors of nonprofit corporations, and inserting in lieu thereof the following:
"(a) A director may resign at any time by delivering written notice in writing or by electronic transmission to the board of directors, its presiding officer, or to the president or secretary, or in such other manner as the articles or bylaws may provide."
SECTION 40. Said chapter is further amended by striking subsections (b) and (d) of Code Section 14-3821, relating to action taken without a meeting of the board of directors of a nonprofit corporation, and inserting in lieu thereof the following:
"(b) Action taken without a meeting shall be taken by all members of the board, unless the articles or bylaws specifically permit such action to be taken by less than all, but not less than a majority of the board. The action must be evidenced by one or more written consents in writing or by electronic transmission describing the action taken, signed by no fewer than the required number of directors, and delivered to the corporation for inclusion in the minutes for filing with the corporate records reflecting the action taken. Such filing shall be in paper form if the minutes are maintained in paper form and shall be in electronic form if the minutes are maintained in electronic form." "(d) A consent signed and delivered by a director under this Code section has the effect of a meeting vote and may be described as such in any document."
SECTION 41. Said chapter is further amended by striking subsection (a) of Code Section 14-3-823, relating to waiver of notice of a meeting of the board of directors of a nonprofit corporation, and inserting in lieu thereof the following:
"(a) A director may waive any notice required by this chapter, the articles of incorporation, or bylaws before or after the date and time stated in the notice. Except as provided by subsection (b) of this Code section, the waiver must be in writing or by electronic transmission, signed by the director entitled to the notice, and delivered to the corporation for inclusion in the minutes or filing with the corporate records."
SECTION 42. Said chapter is further amended by striking in its entirety Code Section 14-3-841, relating to duties of officers of nonprofit corporations, and inserting in lieu thereof the following:
"14-3-841. Each officer has the authority and shall perform the duties set forth in the articles or bylaws or, to the extent consistent with the articles or bylaws, the duties and authority

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prescribed by the board or by direction of an officer authorized by the board to prescribe the duties and authority of other officers. Unless the articles, bylaws, or a resolution of the board of directors of the corporation provides otherwise, the chief executive officer or the president if no person has been designated as chief executive officer of the corporation shall have authority to conduct all ordinary business on behalf of the corporation and may execute and deliver on behalf of the corporation any contract, conveyance, or similar document not requiring approval by the board of directors or members as provided in this chapter."
SECTION 43. Said chapter is further amended by striking subsection (a) of Code Section 14-3-843, relating to resignation and removal of officers of nonprofit corporations, and inserting in lieu thereof the following:
"(a) An officer may resign at any time by delivering notice in writing or by electronic transmission to the corporation. A resignation is effective when the notice is effective unless the notice specifies a future effective date. If a resignation is made effective at a future date and the corporation accepts the future effective date, its board of directors may fill the pending vacancy before the effective date if the board provides that the successor does not take office until the effective date."
SECTION 44. Said chapter is further amended by striking subparagraph (a)(2)(C) of Code Section 14-3856, relating to indemnification of officers, employees, and agents of nonprofit corporations, and inserting in lieu thereof the following:
"(C) The types of liability set forth in Code Section 14-2-832 14-3-831; or".
SECTION 45. Said chapter is further amended by striking subsections (a) and (b) of Code Section 14-3858, relating to applicability of indemnification provisions in certain official documents of nonprofit corporations, and inserting in lieu thereof the following:
"(a) A corporation may, by a provision in its articles of incorporation or bylaws or in a resolution adopted or a contract approved by its board of directors or shareholders members, obligate itself in advance of the act or omission giving rise to a proceeding to provide indemnification or advance funds to pay for or reimburse expenses consistent with this part. Any such provision that obligates the corporation to provide indemnification to the fullest extent permitted by law shall be deemed to obligate the corporation to advance funds to pay for or reimburse expenses in accordance with Code Section 14-3-853 to the fullest extent permitted by law, unless the provision specifically provides otherwise. Any such provision existing on July 1, 1991, shall be valid to the extent it does not provide for broader indemnification than is allowed under this part. (b) Any provision pursuant to subsection (a) of this Code section shall not obligate the corporation to indemnify or advance expenses to a director of a predecessor of the corporation, pertaining to conduct with respect to the predecessor, unless otherwise

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specifically provided. Any provision for indemnification or advance for expenses in the articles of incorporation, bylaws, or a resolution of the board of directors, members, or shareholders, partners, or, in the case of limited liability companies, members or managers of a predecessor of the corporation or other entity in a merger or in a contract to which the predecessor is a party, existing at the time the merger takes effect, shall be governed by paragraph (3) of Code Section 14-3-1105."
SECTION 46. Said chapter is further amended by striking in their entirety subsections (c), (d), (e), and (g) of Code Section 14-3-1006, relating to restated articles of incorporation for nonprofit corporations, and inserting in lieu thereof the following:
"(c) If the board seeks to have the restatement approved by the members at a membership meeting, the corporation shall notify each of its members of the proposed membership meeting in writing in accordance with Code Section 14-3-705. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed restatement and contain or be accompanied by a copy or summary of the restatement that identifies any amendments or other change it would make in the articles or contain or be accompanied by a full and complete summary of any such amendment or other change. (d) If the board seeks to have the restatement approved by the members by written consent or written ballot, the material soliciting the approval shall contain or be accompanied by a copy or summary of the restatement that identifies any amendments or other change it would make in the articles or contain or be accompanied by a full and complete summary of any such amendment or other change. (e) A corporation restating its articles of incorporation shall deliver to the Secretary of State for filing articles of restatement setting forth the name of the corporation and the text of the restated articles of incorporation, including or accompanied by together with a certificate setting forth the following information:
(1) Whether the restatement contains an amendment to the articles requiring approval by the members or any other person other than the board of directors and, if it does not, that the board of directors adopted the restatement; or (2) If the restatement contains an amendment to the articles requiring approval by the members, the information required by Code Section 14-3-1005; and (3) If the restatement contains an amendment to the articles requiring approval by a person whose approval is required pursuant to Code Sections 14-3-1030 and 14-31041, a statement that such approval was obtained." "(g) The Secretary of State may certify restated articles of incorporation, as the articles of incorporation currently in effect, without including the any certificate information required by filed pursuant to subsection (e) of this Code section."
SECTION 47. Said chapter is further amended by striking in its entirety Code Section 14-3-1101, relating to definitions and plans for mergers of nonprofit corporations, and inserting in

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lieu thereof the following: "14-3-1101. (a) As used in this Code section, the term: (1) 'Business corporation' means a corporation for profit, incorporated under the provisions of Chapter 2 of this title. (2) 'Entity' includes any domestic or foreign business corporation, domestic or foreign nonprofit corporation, domestic or foreign limited liability company, domestic or foreign joint-stock association, or domestic or foreign limited partnership. (3) 'Foreign business corporation' means a corporation for profit incorporated under a law other than the law of this state. (4) 'Governing agreements' includes the articles of incorporation and bylaws of a domestic or foreign business corporation or domestic or foreign nonprofit corporation, articles of association or trust agreement or indenture and bylaws of a joint-stock association, articles of organization and operating agreement of a limited liability company, and the certificate of limited partnership and limited partnership agreement of a limited partnership, and agreements serving comparable purposes under the laws of other states or jurisdictions. (5) 'Joint-stock association' includes any association of the kind commonly known as a joint-stock association or joint-stock company and any unincorporated association, trust, or enterprise having members or having outstanding shares of stock or other evidences of financial and beneficial interest therein, whether formed by agreement or under statutory authority or otherwise, but does not include a corporation, partnership, or nonprofit organization. A joint-stock association as defined in this paragraph may be one formed under the laws of this state, including a trust created pursuant to Article 3 of Chapter 12 of Title 53, or one formed under or pursuant to the laws of any other state or jurisdiction. (6) 'Limited liability company' includes limited liability companies formed under the laws of this state or of any other state or territory or the District of Columbia, unless the laws of such other state or jurisdiction forbid the merger of a limited partnership with a corporation. (7) 'Limited partnership' includes limited partnerships formed under the laws of this state or of any other state or territory or the District of Columbia, unless the laws of such other state or jurisdiction forbid the merger of a limited partnership with a corporation. (8) 'Share' includes shares, memberships, financial or beneficial interests, units, or proprietary or partnership interests in a domestic or foreign business corporation, limited liability company, joint-stock association, or a limited partnership but does not include debt obligations of any entity. (9) 'Shareholder' includes every shareholder, member, or partner in a domestic or foreign business corporation, a limited liability company, a joint-stock association, or a limited partnership that is a party to a merger or a holder of a share of stock or other evidence of financial or beneficial interest therein.

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(b)(a) Subject to the limitations set forth in Code Section 14-3-1102, one or more nonprofit corporations may merge into an entity another corporation if the plan of merger is approved as provided in Code Section 14-3-1103. (c)(b) The plan of merger must set forth:
(1) The name of each corporation and entity planning to merge and the name of the surviving corporation or entity into which each plans to merge; (2) The terms and conditions of the planned merger; and (3) The manner and basis, if any, of converting the memberships of each corporation and the shares, financial or beneficial interests, or units in each of the entities into shares, obligations, memberships, or other securities of the surviving or any other corporation or entity or into cash or other property in whole or in part. (d)(c) The plan of merger may set forth: (1) Any amendments Amendments to the articles of incorporation, bylaws, or governing agreements of the surviving corporation or entity to be effected by the planned merger; and (2) Other provisions relating to the planned merger. (d) Any of the terms of the plan of merger may be made dependent upon facts ascertainable outside of the plan of merger, provided that the manner in which such facts shall operate upon the terms of the merger is clearly and expressly set forth in the plan of merger. As used in this subsection, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation."
SECTION 48. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 14-3-1102, relating to a merger without court approval, notice to the Attorney General, and receipt or retention by a member of anything resulting from a merger, and inserting in lieu thereof a new subsection (a) and by adding at the end thereof a new subsection (d) to read as follows:
"(a) Without the prior approval of the superior court in a proceeding of which the Attorney General has been given written notice, a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302 may merge with a domestic corporation or foreign corporation or other entity, provided that:
(1) The corporation or entity which is the surviving corporation or entity is a corporation or entity described in paragraph (2) of subsection (a) in Code Section 143-1302 after the merger; or
(2)(A) On or prior to the effective date of the merger, assets with a value equal to the greater of the fair market value of the net tangible and intangible assets (including including good will) will of the corporation or the fair market value of the corporation if it were to be operated as a business concern are transferred or conveyed to one or more persons who would have received its assets under subsection (b) of Code Section 14-3-1403 had it dissolved;

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(B) It shall return, transfer, or convey any assets held by it upon condition requiring return, transfer, or conveyance, which condition occurs by reason of the merger, in accordance with such condition; and (C) The merger is approved by a majority of directors of the corporation who are not and will not become members or shareholders in or officers, employees, agents, or consultants of the surviving corporation or entity." "(d) For purposes of this Code section, the definitions contained in Code Section 14-31108 shall be applicable."
SECTION 49. Said chapter is further amended by striking subsections (a) and (e) of Code Section 14-31103, relating to approval of plan of merger by members or directors and abandonment of the plan, and inserting in lieu thereof the following:
"(a) Unless this chapter, the articles, the bylaws, or the board of directors or members (acting acting pursuant to subsection (c) of this Code section) section require a greater vote or voting by class, a plan of merger to be adopted authorized must be approved:
(1) By the board; (2) By the members, if any, by two-thirds of the votes cast or a majority of the voting power, whichever is less; and (3) In writing by any person or persons whose approval is required by a provision of the articles authorized by Code Section 14-3-1030 for an amendment to the articles or bylaws." "(e) If the board seeks to have the plan approved by the members by written consent or written ballot in writing or electronic transmission, the material soliciting the approval shall contain or be accompanied by a copy or summary of the plan. The copy or summary of the plan for members of the surviving corporation shall include any provision that, if contained in a proposed amendment to the articles of incorporation or bylaws, would entitle members to vote on the provision. The copy or summary of the plan for members of the disappearing corporation shall include a copy or summary of the articles and bylaws that will be in effect immediately after the merger takes effect."
SECTION 50. Said chapter is further amended by striking in its entirety Code Section 14-3-1104, relating to articles of merger and publication of notice of merger, and inserting in lieu thereof the following:
"14-3-1104. (a) After a plan of merger is approved by the board of directors, and, if required by Code Section 14-3-1103, by the members and any other persons, the surviving or acquiring corporation or entity shall deliver to the Secretary of State for filing articles of merger setting forth:
(1) The plan of merger; (2) If approval of members was not required, a statement to that effect and a statement that the plan was approved by a sufficient vote of the board of directors;

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(3) If approval by members was required: (A) The designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on the plan, and number of votes of each class indisputably voting on the plan; and (B) Either the total number of votes cast for and against the plan by each class entitled to vote separately on the plan or the total number of undisputed votes cast for the plan by each class and a statement that the number cast for the plan by each class was sufficient for approval by that class;
(4) If approval of the plan by some person or persons other than the members or the board is required pursuant to paragraph (3) of subsection (a) of Code Section 14-31103, a statement that the approval was obtained; and (5) If approval of the shareholders of one or more corporations or entities party to the merger was required, a statement that the merger was duly approved by the shareholders. The merging corporation or entity shall deliver the articles of merger to the Secretary of State for filing in substantially the same manner as provided in its governing agreements and in compliance with any applicable laws applying to domestic entities, or, in the absence of such requirements, in substantially the same manner as provided in Code Section 14-2-1105 and shall comply with the provisions of Code Section 14-2-1105.1, except that the notice to the publisher of the newspaper shall be in substantially the following form: 'NOTICE OF MERGER
Notice is given that articles or a certificate of merger by and between _______________________ (name and state of incorporation or organization of each of the constituent corporations or entities) will be delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code. The name of the surviving corporation (or other entity) in the merger will be _______________________, a corporation (or other entity) incorporated (organized pursuant to the laws of) in the State of ______________. The registered office of such corporation (name of type of entity) (is) (will be) located at _______________________ (address of registered office) and its registered (agent) (agents) at such address (is) (are) _______________________ (name or names of agent or agents).' (b) In lieu of filing articles of merger that set forth the plan of merger, the surviving or acquiring corporation or entity may file deliver to the Secretary of State for filing a certificate of merger which sets forth: (1) The name and state of incorporation of each corporation or entity which is merging and the name of the surviving corporation or entity into which each other corporation or entity is merging; (2) Any amendments to the articles of incorporation or governing agreements of the surviving corporation or entity; (3) That the executed plan of merger is on file at the principal place of business of the surviving corporation or entity, stating the address thereof;

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(4) That a copy of the plan of merger will be furnished by the surviving corporation or entity, on request and without cost, to any member or shareholder of any corporation or entity that is a party to the merger; (5) If shareholder approval of members was not required, a statement to that effect; and a statement that the plan was approved by a sufficient vote of the board of directors; (6) If approval by members was required:
(A) The designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on the plan, and number of votes of each class indisputably voting on the plan; and (B) Either the total number of votes cast for and against the plan by each class entitled to vote separately on the plan or the total number of undisputed votes cast for the plan by each class and a statement that the number cast for the plan by each class was sufficient for approval by that class; (7) If approval of the plan by some person or persons other than the members or the board is required pursuant to paragraph (3) of subsection (a) of Code Section 14-31103, a statement that the approval was obtained; and (8) If approval of the shareholders of one or more corporations or entities party to the merger was required, a statement that the merger was duly approved by the shareholders. (c) Unless a delayed effective date is specified, a merger takes effect when the articles or certificate of merger is filed. (d) For purposes of this Code section, the definitions contained in Code Section 14-31108 shall be applicable."
SECTION 51. Said chapter is further amended by adding immediately following Code Section 14-31104 a new Code Section 14-3-1104.1 to read as follows:
"14-3-1104.1. (a) Together with the articles or certificate of merger, the surviving corporation or entity shall deliver to the Secretary of State an undertaking which may appear in the articles or certificate of merger or be set forth in a letter or other instrument executed by an officer or any person authorized to act on behalf of such corporation or entity that the request for publication of a notice of filing the articles or certificate of merger and payment therefor will be made as required by subsection (b) of this Code section. (b) No later than the next business day after filing the articles or certificate of merger, the surviving corporation or entity shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the registered office of the surviving corporation or entity is to be located, if the surviving corporation or entity will be required to maintain a registered office in Georgia, or where the registered office of the merging corporation or entity was located prior to the merger in any other case, or which is a newspaper of general circulation published within such county whose most recently published annual statement of ownership and circulation reflects a minimum of

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60 percent paid circulation a request to publish a notice in substantially the following form:
'NOTICE OF MERGER Notice is given that articles or a certificate of merger which will effect a merger by and between (or among) __________ (name and state of incorporation or organization of each constituent corporation or entity) will be delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code. The name of the surviving corporation (or other entity) in the merger will be ________, a corporation (or other entity) incorporated (organized pursuant to the laws of) in the State of ________. The registered office of such corporation (name of type of entity) (is) (will be) located at __________ (address of registered office) and its registered (agent) (agents) at such address (is) (are) __________ (name or names of agent or agents).' The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment of the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. Failure on the part of the surviving corporation or entity to mail or deliver the notice or payment therefor or failure on the part of the newspaper to publish the notice in compliance with this subsection shall not invalidate the merger. (c) For purposes of this Code section, the definitions contained in Code Section 14-31108 shall be applicable."
SECTION 52. Said chapter is further amended by striking in their entirety Code Sections 14-3-1105, relating to effect of mergers, 14-3-1106, relating to mergers with foreign corporations, and 14-3-1107, relating to effect of mergers on bequests, devises, or other transfers of property, and inserting in lieu thereof the following:
"14-3-1105. (a) When a merger governed by this chapter takes effect:
(1) Every other corporation or entity party to the merger merges into the surviving corporation or entity and the separate existence of every corporation except the surviving corporation or entity ceases; (2) The title to all real estate and other property owned by, and every contract right possessed by, each corporation or entity party to the merger is vested in the surviving corporation or entity without reversion or impairment, without further act or deed, and without any conveyance, transfer, or assignment having occurred, subject to any and all conditions to which the property was subject prior to the merger; (3) The surviving corporation or entity has all liabilities and obligations of each corporation or entity party to the merger; (4) A proceeding pending against any corporation or entity party to the merger may be continued as if the merger did not occur or the surviving corporation or entity may be substituted in the proceeding for the corporation or entity whose existence ceased; and

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(5) The articles of incorporation and bylaws or governing agreements of the surviving corporation or entity are amended to the extent provided in the plan of merger. (b) For purposes of this Code section, the definitions contained in Code Section 14-31108 shall be applicable.
14-3-1106. (a) Except as provided in Code Section 14-3-1102, one or more foreign corporations or foreign business or nonprofit corporations may merge with one or more domestic nonprofit corporations if:
(1) The merger is permitted by the law of the state or country under whose law each foreign corporation or foreign business corporation is incorporated and each foreign corporation or foreign business corporation complies with that law in effecting the merger; (2) The foreign corporation or foreign business corporation complies with Code Section 14-3-1104 Sections 14-3-1104 and 14-3-1104.1 if it is the surviving corporation of the merger; and (3) Each domestic nonprofit corporation complies with the applicable provisions of Code Sections 14-3-1101 through 14-3-1103 and, if it is the surviving corporation of the merger, with Code Section 14-3-1104 Sections 14-3-1104 and 14-3-1104.1. (b) Upon the merger taking effect, the surviving foreign corporation or foreign business corporation, if it does not have a registered agent in this state, shall be deemed to have appointed the Secretary of State as its registered agent for service of process in a proceeding to enforce any obligation of a domestic corporation party to the merger, until such time as it appoints a registered agent in this state.
14-3-1107. Any bequest, devise, gift, grant, or promise contained in a will or other instrument of donation, subscription, or conveyance, that is made to a constituent corporation or entity and that takes effect or remains payable after the merger, inures to the surviving corporation or entity unless the will or other instrument otherwise specifically provides."
SECTION 53. Said chapter is further amended by adding immediately following Code Section 14-31107 a new Code Section 14-3-1108 to read as follows:
"14-3-1108. (a) As used in this Code section and in Code Section 14-3-1107, the term:
(1) 'Entity' includes any business corporation or foreign business corporation, domestic or foreign limited liability company, domestic or foreign joint-stock association, or domestic or foreign limited partnership. (2) 'Governing agreements' includes the articles of incorporation and bylaws of a business corporation, foreign business corporation, corporation or foreign corporation,

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articles of association or trust agreement or indenture and bylaws of a joint-stock association, articles of organization and operating agreement of a limited liability company, and the certificate of limited partnership and limited partnership agreement of a limited partnership, and agreements serving comparable purposes under the laws of other states or jurisdictions. (3) 'Joint-stock association' includes any association of the kind commonly known as a joint-stock association or joint-stock company and any unincorporated association, trust, or enterprise having members or having outstanding shares of stock or other evidences of financial and beneficial interest therein, whether formed by agreement or under statutory authority or otherwise, but does not include a corporation, partnership, limited liability partnership, limited liability company, or nonprofit organization. A joint-stock association as defined in this paragraph may be one formed under the laws of this state, including a trust created pursuant to Article 3 of Chapter 12 of Title 53, or one formed under or pursuant to the laws of any other state or jurisdiction. (4) 'Limited liability company' includes limited liability companies formed under the laws of this state or of any other state or territory or the District of Columbia, unless the laws of such other state or jurisdiction forbid the merger of a limited liability company with a corporation. (5) Limited partnership' includes limited partnerships formed under the laws of this state or of any other state or territory or the District of Columbia, unless the laws of such other state or jurisdiction forbid the merger of a limited partnership with a corporation. (6) 'Share' includes shares, memberships, financial or beneficial interests, units, or proprietary or partnership interests in a business corporation or a foreign business corporation, limited liability company, joint-stock association or a limited partnership, but does not includes debt obligations of any entity. (7) 'Shareholder' includes every member of a limited liability company or a jointstock association that is a party to a merger or holder of a share or other evidence of financial or beneficial interest therein. (b) Subject to the limitations set forth in Code Section 14-3-1102, one or more corporations may merge with one or more entities, except an entity formed under the laws of a state or jurisdiction which forbids a merger with a corporation. The corporation or corporations and one or more entities may merge into a single corporation or other entity, which may be any one of the constituent corporations or entities. (c) The board of directors of each merging corporation and the appropriate body of each entity, in accordance with its governing agreements and the laws of the state or jurisdiction under which it was formed, shall adopt a plan of merger in accordance with each corporations and entitys governing agreements and the laws of the state or jurisdiction under which it was formed, as the case may be. (d) The plan of merger: (1) Must set forth:

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(A) The name of each corporation and entity planning to merge and the name of the surviving corporation or entity into which each other corporation and entity plans to merge; (B) The terms and conditions of the merger; and (C) The manner and basis of converting the shares of each corporation and the shares, memberships, or financial or beneficial interests or units in each of the entities into shares, obligations, or other securities of the surviving or any other corporation or entity or into cash or other property in whole or in part; and (2) May set forth: (A) Amendments to the articles of incorporation or governing agreements of the surviving corporation or entity; and (B) Other provisions relating to the merger. (e) Any of the terms of the plan of merger may be made dependent upon facts ascertainable outside of the plan of merger, provided that the manner in which such facts shall operate upon the terms of the merger is clearly and expressly set forth in the plan of merger. As used in this subsection, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation. (f) In the case of any entity, the plan of merger shall be approved in the manner required by its governing agreements and in compliance with any applicable laws of the state or jurisdiction under which it was formed. In addition, each of the corporations shall comply with all other provisions of this chapter which relate to the merger of corporation. Each other entity shall comply with all other provisions of its governing agreements and all provisions of the laws, if any, of the state or jurisdiction in which it was formed which relate to the merger. (g) Each merging corporation shall comply with the requirements of Code Section 143-1104."
SECTION 54. Said chapter is further amended by striking in its entirety Code Section 14-3-1302, relating to exceptions to prohibition against distributions relative to nonprofit corporations, and inserting in lieu thereof the following:
"14-3-1302. (a) A corporation may make distributions to the following:
(1) Organizations (whether whether or not incorporated) incorporated that are organized and operated for the same or similar purposes as the distributing corporation; (2) Organizations (whether whether or not incorporated) incorporated that are organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international sports competition, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder, member, or individual; or

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(3) A state or possession of the United States, or any political subdivision of any of the foregoing, or the United States or the District of Columbia. (b) Except for corporations described in paragraph (2) of subsection (a) of this Code section, a corporation may repurchase a membership for the consideration that the member paid for his or her membership if, after the purchase is completed: (1) The corporation would be able to pay its debts as they become due in the normal course of business; and (2) The corporations total assets would at least equal the sum of its liabilities."
SECTION 55. Said chapter is further amended by striking in its entirety Code Section 14-3-1401, relating to dissolution by incorporators or initial directors, and inserting in lieu thereof the following:
"14-3-1401. A majority of the incorporators or initial directors of a corporation that has not admitted members entitled to vote on dissolution, has not commenced activities, and has no net assets may dissolve the corporation by delivering to the Secretary of State for filing articles of dissolution that set forth:
(1) The name of the corporation; (2) The date of its incorporation; (3) That:
(A) The corporation has not admitted members entitled to vote on dissolution; (B) The corporation has not commenced activities; or and (C) The corporation has no net assets. (4) That no debt of the corporation remains unpaid; and (5) That a majority of the incorporators or initial directors authorized the dissolution."
SECTION 56. Said chapter is further amended by striking subsection (a) of Code Section 14-3-1402, relating to proposal of dissolution and approval thereof, and inserting in lieu thereof the following:
"(a) A corporations board of directors may propose dissolution for submission to the members, if there are members entitled to vote thereon. as follows:
(1) For a proposal to dissolve to be adopted: (A) The board of directors must recommend dissolution to the members unless the board of directors elects, because of a conflict of interest or other special circumstances, to make no recommendation and communicates the basis for its determination to the members; and (B) The members entitled to vote must approve the proposal to dissolve as provided in subsection (e) of this Code section. paragraph (4) of this subsection;
(2) The board of directors may condition its submission of the proposal for dissolution on any basis.;

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(3) The corporation shall notify each member entitled to vote of the proposed members meeting in accordance with Code Section 14-3-705. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider dissolving the corporation.; (4) Unless the articles of incorporation, the bylaws, or the board of directors (acting acting pursuant to paragraph (2) of this subsection) subsection requires a greater vote or vote by classes, the proposal to dissolve to be adopted must be approved by a majority of all the votes entitled to be cast on that proposal.; and (5) If the board seeks to have dissolution approved by the members by written consent or written ballot, the material soliciting the approval shall contain or be accompanied by a copy or summary of the plan of dissolution."
SECTION 57. Said chapter is further amended by striking subsection (e) of Code Section 14-3-1408, relating to request for presentation of claims, enforcement of claims, and when claims are barred, and inserting in lieu thereof the following:
"(e) Subject to the provisions of this Code section, a claim against a corporation in dissolution or against a dissolved corporation may be enforced under this Code section:
(1) Against the corporation, to the extent of its undistributed assets; or (2) If the assets have been distributed in liquidation, against a distributee of the corporation to the extent of his such distributees pro rata share of the claim or the corporate assets distributed to him or her in liquidation, whichever is less, but a distributees total liability for all claims under this Code section may not exceed the total amount of assets distributed to him or her."
SECTION 58. Said chapter is further amended by adding immediately following Code Section 14-31409 a new Code Section 14-3-1409.1 to read as follows:
"14-3-1409.1. The dissolution of a corporation in any manner, except by a decree of the superior court when the court has supervised the liquidation of the assets and business of the corporation as provided in Code Section 14-3-1430 and 14-3-1433, shall not take away or impair any remedy available to such corporation, its directors, officers, or members for any right or claim existing prior to such dissolution if action or other proceeding thereon is pending on the date of such dissolution or is commenced within two years after the date of such dissolution. Any such action or proceeding by the corporation may be prosecuted by the corporation in its corporate name. The members, directors, and officers shall have the power to take such corporation or other action as shall be appropriate to protect such remedy, right, or claim."
SECTION 59. Said chapter is further amended by striking paragraphs (6), (12), and (13) of subsection (b) of Code Section 14-3-1501, relating to the requirement of a certificate of authority to

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transact business, and inserting in lieu thereof the following: "(6) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where the orders require acceptance without outside this state before becoming binding contracts and where the contracts do not involve any local performance other than delivery and installation;". "(12) Serving as trustee, executor, administrator, or guardian, or in like fiduciary capacity, where permitted so to serve by the laws of this state; or (13) Owning directly or indirectly an interest in or controlling directly or indirectly another entity organized under the laws of or transacting business within this state; or (14) Serving as a manager of a limited liability company organized under the laws of Owning and controlling a subsidiary corporation incorporated in or transacting business within this state."
SECTION 60. Said chapter is further amended by striking Code Section 14-3-1509, relating to resignation of registered agent of foreign corporation, and inserting in lieu thereof the following:
"14-3-1509. (a) The registered agent of a foreign corporation may resign his or her agency appointment by signing and delivering to the Secretary of State for filing a statement of resignation. The statement may include a statement that the registered office is also discontinued. (b) On or before the date of filing of the statement of resignation, the registered agent shall deliver or mail a written notice of the agents intention to resign to the chief executive officer, chief financial officer, or secretary of the corporation, or a person holding a position comparable to any of the foregoing, as named, and at the address shown in the annual registration, or in the articles of incorporation if no annual registration has been filed, on or before the date of filing of the statement. (c) The agency appointment is terminated, and the registered office discontinued if so provided, on the earlier of the filing by the corporation of an amendment to its annual registration designating a new registered agent and registered office if also discontinued or the thirty-first day after the date on which the statement was filed."
SECTION 61. Said chapter is further amended by striking subsection (a) of Code Section 14-3-1520, relating to withdrawal of a foreign corporation from the state, and inserting in lieu thereof the following:
"(a) A foreign corporation authorized to transact business in this state may not withdraw from this state until it obtains a certificate of withdrawal from the Secretary of State. A foreign corporation authorized to transact business in this state that merges with and into a domestic corporation pursuant to Code Section 14-3-1106 and is not the surviving corporation in such merger need not obtain a certificate of withdrawal from the Secretary of State. "

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SECTION 62. Said chapter is further amended by striking paragraphs (5), (6), and (8) of subsection (a) of Code Section 14-3-1602, relating to members rights to copy and inspect records, and inserting in lieu thereof the following:
"(5) The minutes of all meetings of members and records of, executed waivers of notice of meetings, and executed consents, delivered in writing or by electronic transmission, evidencing all actions taken or approved by the members without a meeting, for the past three years; (6) All written communications in writing or by electronic transmission to members generally within the past three years, including the financial statements furnished for the past three years under Code Section 14-3-1620;" "(8) Its most recent annual report registration delivered to the Secretary of State under Code Section 14-3-1622."
SECTION 63. Said chapter is further amended by striking subsection (a) of Code Section 14-3-1620, relating to furnishing financial statements to members, and inserting in lieu thereof the following:
"(a) A corporation upon written demand request in writing or by electronic transmission from a member shall furnish that member its latest prepared annual financial statements, which may be consolidated or combined statements of the corporation and one or more of its subsidiaries or affiliates, in reasonable detail as appropriate, that include a balance sheet as of the end of the fiscal year and statement of operations for that year. If financial statements are prepared for the corporation on the basis of generally accepted accounting principles, the annual financial statements must also be prepared on that basis."
SECTION 64. Said chapter is further amended by striking subsection (d) of Code Section 14-3-1701, relating to applicability of chapter to certain corporations, and inserting in lieu thereof the following:
"(d) If the articles of incorporation, charter, or bylaws of a corporation in existence on July 1, 1991, contain any provisions that were not authorized or permitted by the prior general corporation law of this state but which are authorized or permitted by this chapter, the provisions of the articles of incorporation, charter, or bylaws shall be valid on and from that date, and action may be taken on and from that date in reliance on those provisions. If the articles of incorporation, charter, or bylaws of a corporation in existence on July 1, 1991, contain any provisions that were authorized or permitted by the prior nonprofit corporation law of this state that were validly adopted under the law in effect at the time of their adoption, and that are authorized or permitted by this chapter, the provisions of the articles of incorporation, charter, or bylaws shall continue to be valid on and from that date, whether or not this chapter imposes requirements for

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the adoption of such provisions that are different from those in effect at the time the provisions were adopted."
SECTION 65. Said chapter is further amended by striking paragraphs (2), (5), and (6) of subsection (a) of Code Section 14-3-1703, relating to saving provisions, and inserting in lieu thereof the following:
"(2) Any ratification, right, remedy, privilege, obligation, or liability acquired, accrued, or incurred under the statute before its repeal, except as provided in Code Section 14-3-1408; but the same, as well as actions that are pending on July 1, 1991, may be asserted, enforced, prosecuted, or defended as if the prior statute has not been repealed;" "(5) Any proceeding, reorganization, or dissolution commenced under the statute before its repeal, and the proceeding, reorganization, or dissolution may be completed in accordance with the statute as if it had not been repealed; or (6) Any provision of the articles of incorporation, charter, or bylaws of a corporation in existence on July 1, 1991, that was authorized or permitted by the prior nonprofit corporation law of this state, that was validly adopted under the law in effect at the time of its adoption, and that is authorized or permitted by this chapter; or (7) Any meeting of members or directors or action by written consent noticed or any action taken before its repeal as a result of a meeting of members or directors or action by written consent."
SECTION 66. Said chapter is further amended by striking from the following Code sections the word "he" wherever the same shall occur and inserting in lieu thereof "he or she":
(1) Code Section 14-3-125, relating to duty of the Secretary of State to file documents and effect of filing or refusing to do so; (2) Code Section 14-3-129, relating to penalty for signing false document; (3) Code Section 14-3-170, relating to powers of the Attorney General over unlawful assignment of corporate assets, dissolution of corporation, and investigative and subpoena powers; (4) Code Section 14-3-813, relating to appointment of provisional director in case of deadlock; (5) Code Section 14-3-842, relating to standards of conduct for officers; (6) Code Section 14-3-861, relating to transactions not subject to being enjoined, set aside, or other sanctions; (7) Code Section 14-3-862, relating to directors action after disclosure of conflict or abstention by interested director; (8) Code Section 14-3-865, relating to voidability of conflicting interest transaction; (9) Code Section 14-3-1508, relating to change of registered office or registered agent of foreign corporation; (10) Code Section 14-3-1530, relating to grounds for revocation; and

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(11) Code Section 14-3-1531, relating to procedure for and effect of revocation.
SECTION 67. Said chapter is further amended by striking from the following Code sections the word "him" wherever the same shall occur and inserting in lieu thereof "him or her":
(1) Code Section 14-3-130, relating to powers of Secretary of State; (2) Code Section 14-3-813, relating to appointment of provisional director in case of deadlock; (3) Code Section 14-3-823, relating to waiver of notice; and (4) Code Section 14-3-863, relating to members action following disclosure of conflict.
SECTION 68. Said chapter is further amended by striking from the following Code sections the word "his" wherever the same shall occur and inserting in lieu thereof "his or her":
(1) Code Section 14-3-125, relating to duty of the Secretary of State to file documents and effect of filing or refusing to do so; (2) Code Section 14-3-126, relating to appeal from Secretary of States refusal to file document; (3) Code Section 14-3-401, relating to corporate name; (4) Code Section 14-3-503, relating to resignation of registered agent; (5) Code Section 14-3-601, relating to criteria for membership; (6) Code Section 14-3-823, relating to waiver of notice; (7) Code Section 14-3-842, relating to standards of conduct for officers; (8) Code Section 14-3-862, relating to directors action after disclosure of conflict or abstention by interested director; (9) Code Section 14-3-1506, relating to corporate name of foreign corporation; (10) Code Section 14-3-1508, relating to change of registered office or registered agent of foreign corporation; and (11) Code Section 14-3-1531, relating to procedure for and effect of revocation.
SECTION 69. Article 3 of Chapter 5 of Title 14 of the Official Code of Georgia Annotated, relating to corporations organized for religious, fraternal, or educational purposes, is amended by striking in its entirety Code Section 14-5-40, relating to applicability of Chapter 3 of Title 14, and inserting in lieu thereof the following:
"14-5-40. Chapter 3 of this title shall be fully applicable to all nonprofit corporations organized for religious, fraternal, or educational purposes, including incorporated churches, religious and fraternal societies, schools, academies, colleges, or universities which are 'nonprofit corporations' 'corporations' as that term is defined in paragraph (21) (6) of Code Section 14-3-140."

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SECTION 70. Code Section 7-1-712 of the Official Code of Georgia Annotated, relating to applicability of Article 15 of Chapter 2 of Title 14, is amended by striking said Code section and inserting in lieu thereof the following:
"7-1-712. Notwithstanding the definition of the term 'foreign corporation' appearing in paragraph (10) (13) of Code Section 14-2-140, all of the provisions of Article 15 of Chapter 2 of Title 14, relating to foreign corporations, shall apply to all international bank agencies doing business in this state, except that references therein to the Secretary of State should be construed as references to the department."
SECTION 71. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Scott of the 138th moves to amend the Committee substitute to SB 555 as follows:
Page 23 line 5 strike "not"
Page 23 line 6 replace the word "except" with "including".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Amerson N Anderson N Ashe N Bannister
Barnard N Barnes N Beasley-Teague N Benfield N Birdsong N Black N Boggs Y Bordeaux N Borders Y Bridges N Brock N Brooks

E Day Dean
Y Deloach N Dix N Dodson N Dollar N Dooley N Douglas N Drenner
Dukes Y Ehrhart Y Elrod N Epps
Fleming N Floyd, H N Floyd, J

Hill, C.A Hill, V Y Hines N Holmes Y Houston N Howard N Howell Hudson N Hugley N Jackson E James Jamieson N Jenkins, C N Jenkins, C.F Y Jones N Jordan

N Mitchell N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q Y Noel N Oliver, B N Oliver, M N O'Neal N Orrock N Parham N Parrish N Parsons

N Sholar Sims
N Sinkfield N Skipper N Smith, B N Smith, L N Smith, P N Smith, T Y Smith, V N Smyre N Snow N Stanley-Turner N Stephens, E N Stephens, R N Stephenson
Stokes

2802
N Broome Y Brown E Bruce N Buck N Buckner, D N Buckner, G Y Bunn N Burkhalter N Burmeister Y Butler N Campbell Y Casas Y Chambers N Channell N Childers Y Coan N Coleman, B
Cooper N Crawford N Cummings

JOURNAL OF THE HOUSE

N Fludd N Forster Y Franklin N Gardner N Golick N Graves, D Y Graves, T N Greene N Greene-Johnson N Hanner N Harbin Y Harper N Harrell N Heard, J N Heard, K Y Heath E Heckstall N Hembree N Henson Y Hill, C

N Joyce N Keen Y Knox N Lane N Lewis N Lord
Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin
Martin Y Massey Y Maxwell
McBee N McCall
McClinton N Millar Y Mills

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

Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson N Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland N White N Wilkinson N Willard N Williams, A N Williams, E N Williams, R E Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 38, nays 118. The amendment was lost.

The Committee substitute was adopted.

The 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

E Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson E James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish

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 Y Stephenson

Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, MARCH 25, 2004

Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath E Heckstall Y Hembree Y Henson N Hill, C

Y Jordan Y Joyce Y Keen N 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 Y McClinton Y Millar Y Mills

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

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

On the passage of the Bill, by substitute, the ayes were 165, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 535. By Senators Hall of the 22nd and Collins of the 6th:
A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the State Commission on Family Violence, so as to extend the date upon which the commission shall cease to exist; to repeal conflicting laws; and for other purposes.

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

On the passage of the Bill, 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

E Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston
Howard Y Howell Y Hudson

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B
Smith, L Y Smith, P Y Smith, T

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Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

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

Y Hugley Y Jackson E James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

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

On the passage of the Bill, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Smith of the 87th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Ehrhart of the 28th arose to a point of personal privilege and addressed the House.

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

HB 687. By Representatives Ehrhart of the 28th, Franklin of the 17th, Parsons of the 29th, Richardson of the 26th, Wilkinson of the 41st and others:

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A BILL to amend an Act creating the Cobb County-Marietta Water Authority, so as to change the membership, vacancy, terms, and quorum provisions regarding the authority; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5296), an Act approved March 30, 1989 (Ga. L. 1989, p. 4711), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4121), so as to change the membership, vacancy, terms, and quorum provisions regarding the authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5296), an Act approved March 30, 1989 (Ga. L. 1989, p. 4711), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4121), is amended by striking subsections (b), (c), and (d) of Section 2 thereof and inserting in their respective places the following:
"(b) The authority shall consist of nine members who shall be determined and selected as follows:
(1) One member shall be the chairperson of the Board of Commissioners of Cobb County, Georgia; (2) One member shall be selected by the governing authority of the City of Marietta, Georgia, and the member so selected may be a member of the governing authority of the City of Marietta; (3) One member shall be selected by the governing authority of the City of Smyrna, and the member so selected may be a member of the governing authority of the City of Smyrna; (4) Four members shall be selected by a caucus consisting of all members of the General Assembly whose districts are wholly or partially within Cobb County. The four members so selected by the caucus must be residents of the unincorporated area of Cobb County; (5) Beginning in 2004, one member shall be selected under this paragraph in each even-numbered year by one of the governing authorities specified below in a neverending rotation and in the order indicated:
(A) The City of Acworth; followed two years later by

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(B) The City of Austell; followed two years later by (C) The City of Kennesaw; followed two years later by (D) The City of Powder Springs; followed two years later by beginning the rotation anew with a selection made under subparagraph (A) of this paragraph; and (6) One member shall be selected by the chairperson of the governing authority of Paulding County or that chairpersons designee. (c) The term of office of the chairperson of the Board of Commissioners of Cobb County as a member of the authority shall be concurrent with the term of office as chairperson of the board of commissioners. The two members of the authority appointed by the governing authorities of Marietta and the other appropriate municipality and serving on the effective date of this subsection shall serve until August 14, 1996, and until their successors are appointed and qualified. The four members of the authority appointed by the members of the General Assembly from Cobb County serving on the effective date of this subsection shall serve until August 14, 1998, and until their successors are appointed and qualified. The initial member appointed pursuant to paragraph (3) of subsection (b) of this section shall serve until August 14, 2006, and until that persons successor is appointed and qualified. The initial member appointed pursuant to paragraph (5) of subsection (b) of this section shall serve until August 14, 2006, and until that persons successor is appointed and qualified. The initial member appointed pursuant to paragraph (6) of subsection (b) of this section shall serve until August 14, 2006, and until that persons successor is appointed and qualified. After the terms specified above, all members of the authority, other than the chairperson of the Board of Commissioners of Cobb County, shall serve for terms of four years, except that members appointed pursuant to paragraph (5) of subsection (b) of this section shall serve for terms of two years, and until their successors are appointed and qualified and shall assume office on August 15 following the expiration of the prior members terms. Notwithstanding the provisions of this subsection, the term of office of a person appointed pursuant to paragraph (6) of subsection (b) of this section shall automatically expire and that position be abolished at any time that Paulding County first distributes any of its treated water from a source other than one approved by the authority, whereupon the membership of the authority shall be reduced to eight members and the quorum reduced to five members. (d) The authority shall elect one of its members as chairperson and another as vice chairperson. The authority may also select a secretary and treasurer who need not necessarily be members of the authority. Except as otherwise provided in subsection (c) of this section, six members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority."
SECTION 2. Said Act is further amended by striking subsection (a) of Section 2A thereof and inserting in its place the following:

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"(a) In the event of a vacancy in the membership of the authority by reason of death, resignation, or disability, said vacancy shall be filled by the governing authority, chairperson of the governing authority or the chairpersons designee, or caucus which originally selected the vacating member in question. Notwithstanding that a vacancy occurs in a year in which the governing authority of another city may be authorized to select a member for a full term under paragraph (5) of subsection (b) of Section 2 of this Act, the governing authority of that city which selected the member whose office has become vacant shall select a successor to serve the remainder of that members unexpired term and until a successor is regularly selected and appointed."
SECTION 3. 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 ayes were 64, nays 49.
The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Richardson of the 26th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 687.

By unanimous consent, SB 198 was postponed until the next legislative day.

By unanimous consent, SB 253 was postponed until the next legislative day.

By unanimous consent, SB 281 having been previously postponed, was again postponed until the next legislative day.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 1763. By Representative Hill of the 147th:

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A RESOLUTION recognizing Darlene Wise Green and her valuable contributions to Young People on the Move, Inc. and inviting her to appear before the House of Representatives; and for other purposes.

HR 1764. By Representatives Mitchell of the 61st, Post 3, Williams of the 61st, Post 2, Sailor of the 61st, Post 1 and Henson of the 55th:
A RESOLUTION commending Stephenson High School girls' basketball team and inviting the team, its coaches, and Principal Morcease Beasley to appear before the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 1765. By Representative Heard of the 70th, Post 3:
A RESOLUTION commending Stephen Andrew Maenpaa on attaining the rank of Eagle Scout; and for other purposes.

HR 1766. By Representatives Mangham of the 62nd, Williams of the 128th, Walker of the 71st, Post 1, Sailor of the 61st, Post 1, Heckstall of the 48th, Post 3 and others:
A RESOLUTION commending the contributions of members of the clergy in Georgia and recognizing the third annual Clergy Day at the Georgia State Capitol; and for other purposes.

HR 1767. By Representative Rice of the 64th:
A RESOLUTION commending Nathan Jones on attaining the rank of Eagle Scout; and for other purposes.

HR 1768. By Representative Rice of the 64th: A RESOLUTION commending Coach Skip Wilson; and for other purposes.

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HR 1769. By Representatives Amerson of the 9th, Williams of the 4th, Ralston of the 6th, Douglas of the 73rd and Reece of the 21st:
A RESOLUTION commending the North Georgia College and State University Lady Saints basketball team; and for other purposes.

HR 1770. By Representatives Black of the 144th, Shaw of the 143rd and Borders of the 142nd:
A RESOLUTION commending the Lake Park Area Chamber of Commerce and its executive director, Rhonda Barnes; and for other purposes.

HR 1771. By Representatives Greene-Johnson of the 60th, Post 3, Maddox of the 59th, Post 2, Fludd of the 48th, Post 4, Mitchell of the 61st, Post 3, Jordan of the 83rd and others:
A RESOLUTION recognizing and honoring Mrs. Narvie Jordan Harris; and for other purposes.

HR 1772. By Representatives Ralston of the 6th, Lane of the 101st, White of the 3rd, Post 2, Lewis of the 12th and Forster of the 3rd, Post 1:
A RESOLUTION recognizing and commending Sergeant Carroll Chastain; and for other purposes.

HR 1773. By Representative Mitchell of the 61st, Post 3:
A RESOLUTION in honor of Anthony DeJuan Boatwright and designating Senate Bill 24 as "Juan's Law"; 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 substitute, by the requisite constitutional majority, the following bills of the House:

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HB 1115. By Representative Stephens of the 123rd:
A BILL to create the Garden City Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for Garden City; and for other purposes.
HB 1569. By Representative Cummings of the 19th:
A BILL to provide a new charter for the City of Rockmart; and for other purposes.
HB 1652. By Representatives Orrock of the 51st, Sinkfield of the 50th, Dean of the 49th, Holmes of the 48th, Post 1, Teper of the 42nd, Post 1 and others:
A BILL to create the Metropolitan Commission on Homelessness; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the commission; to provide for the membership of the commission; to provide for the organization and meetings of the commission; to provide the purposes for which the commission is created; and for other purposes.
HB 1715. By Representatives Hembree of the 46th, Maxwell of the 27th, Brooks of the 47th, Bruce of the 45th, Wix of the 33rd, Post 1 and others:
A BILL to create the Western Area Regional Radio System Authority; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 1685. By Representatives Brown of the 89th and Smith of the 110th:
A BILL to amend an Act creating the State Court of Troup County, so as to provide for a full-time solicitor-general; to provide for the compensation of said solicitor-general; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 1164. By Representatives Lunsford of the 85th, Post 2, Howell of the 92nd, Jenkins of the 93rd and Yates of the 85th, Post 1:

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A BILL to create a board of elections and registration for Butts County and provide for its powers and duties; and for other purposes.
HB 1217. By Representatives Channell of the 77th and Douglas of the 73rd:
A BILL to amend an Act providing for the election of members of the Board of Education of Morgan County, so as to change the compensation for the chairperson and members of the board; to provide for an annual increase in compensation; and for other purposes.
HB 1291. By Representatives Teilhet of the 34th, Post 2, Richardson of the 26th, Wix of the 33rd, Post 1, Wilkinson of the 41st, Stoner of the 34th, Post 1 and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges and associate judges of the state court; and for other purposes.
HB 1353. By Representatives Scott of the 138th, Houston of the 139th and Roberts of the 131st:
A BILL to provide a new charter for the City of Omega; and for other purposes.
HB 1370. By Representative Parrish of the 102nd:
A BILL to create a board of elections and registration for Emanuel County and provide for its powers and duties; and for other purposes.
HB 1494. By Representatives Snow of the 1st and Joyce of the 2nd:
A BILL to amend an Act creating the Walker County Rural Water and Sewer Authority, so as to change provisions relating to the members of the authority and their selection; to change provisions relating to vacancies; and for other purposes.
HB 1498. By Representatives Boggs of the 145th, Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to create the State Court of Charlton County; and for other purposes.

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HB 1571. By Representative Elrod of the 25th:
A BILL to amend an Act creating the Nicholson Water Authority, so as to amend certain provisions relating to the appointment and compensation of members of the authority; and for other purposes.
HB 1585. By Representatives Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Richardson of the 26th, Dollar of the 31st, Wilkinson of the 41st and others:
A BILL to amend an Act making provisions for the Magistrate Court of Cobb County, so as to provide for the compensation of the chief magistrate of said court; and for other purposes.
HB 1660. By Representatives Buckner of the 82nd, Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Heckstall of the 48th, Post 3, Fludd of the 48th, Post 4 and others:
A BILL to amend an Act creating the State Court of Clayton County, so as to provide for the imposition and collection of a fee to be used for fulfilling the technological needs of the state court; and for other purposes.
HB 1681. By Representative McCall of the 78th:
A BILL to amend an Act providing a new charter for the City of Washington, Georgia, so as to change provisions relating to corporate boundaries; terms of the mayor, and council; electors, mayor, and council qualifications; compensation of mayor and council; selection of other city officers; and for other purposes.
HB 1684. By Representatives Walker of the 115th, O`Neal of the 117th, James of the 114th and Ray of the 108th:
A BILL to amend an Act relating to the Perry-Houston County Airport Authority, so as to change certain provisions relating to the membership of the authority; and for other purposes.
HB 1688. By Representatives Powell of the 23rd and Jamieson of the 22nd:
A BILL to amend an Act providing a new charter for the City of Lavonia, so as to change and extend the corporate limits of said city; and for other purposes.

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HB 1694. By Representatives Ralston of the 6th and Lewis of the 12th:
A BILL to provide for an advisory referendum election to be held in Pickens County for the purpose of ascertaining whether the voters of such county desire the governing authority to enact a proposed Pickens County land use intensity district ordinance; and for other purposes.
HB 1695. By Representatives Ralston of the 6th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to provide that county law library fees shall be charged and collected in certain actions and cases in the Magistrate Court of Gilmer County; to provide for the amount of such fees; and for other purposes.
HB 1700. By Representatives Lucas of the 105th, Randall of the 107th, Birdsong of the 104th, Ray of the 108th, Jenkins of the 93rd and others:
A BILL to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, so as to change provisions relating to the certification and levy of the school tax; to delete a provision which requires the board of education to furnish a copy of the final school budget to the board of county commissioners for its review and approval; and for other purposes.
HB 1705. By Representative Reece of the 11th:
A BILL to provide for a homestead exemption from City of Lyerly ad valorem taxes for municipal purposes in the amount of $4,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over; and for other purposes.
HB 1719. By Representative Hudson of the 95th:
A BILL to amend an Act entitled "An Act to reconstitute the Board of Education of Glascock County," so as to revise the districts for the election of members of the board of education; and for other purposes.
HB 1721. By Representative Boggs of the 145th:
A BILL to create a board of elections for Ware County and to provide for its powers and duties; and for other purposes.
HB 1730. By Representatives Stephens of the 123rd, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th:

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A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Garden City ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.
HB 1735. By Representatives Yates of the 85th, Post 1, Lunsford of the 85th, Post 2 and Howell of the 92nd:
A BILL to provide a new charter for the City of Griffin; and for other purposes.
HB 1753. By Representatives Rogers of the 20th, Reece of the 21st and Amerson of the 9th:
A BILL to amend an Act providing for a homestead exemption from all City of Gainesville independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or older and whose annual household income does not exceed $12,000.00, as amended, particularly by an Act which provided a homestead exemption from such taxes for such residents who are 62 years of age but less than 75 years of age in the amount of $30,000.00 of the assessed value of the homestead if the annual household income does not exceed $25,000.00 and a full value homestead exemption from such taxes for such residents who are 75 years of age or older; and for other purposes.
HB 1754. By Representatives Yates of the 85th, Post 1, Lunsford of the 85th, Post 2 and Howell of the 92nd:
A BILL to amend an Act to revise and consolidate the several Acts of the General Assembly of Georgia granting and amending the charter of the City of Griffin in Spalding County, so as 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 1755. By Representatives Yates of the 85th, Post 1 and Lunsford of the 85th, Post 2:
A BILL to amend an act incorporating the City of Sunny Side and providing a new charter for such city, so as to change the terms of office for the members of the council; to provide for staggered terms of office; and for other purposes.

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HB 1757. By Representatives Smith of the 87th, Westmoreland of the 86th, Brown of the 89th, Harper of the 88th, Post 2 and Butler of the 88th, Post 1:
A BILL to continue the State Court of Coweta County; to specify the location of the court and provide for facilities therefor; to provide for jurisdiction, powers, practice, and procedure; to provide for terms of court; and for other purposes.
HB 1763. By Representatives Smith of the 13th, Post 2, Childers of the 13th, Post 1 and Reece of the 11th:
A BILL to create the City of Rome School Building Authority and to provide for the appointment of members of the authority; and for other purposes.
HB 1768. By Representatives Childers of the 13th, Post 1, Smith of the 13th, Post 2 and Reece of the 11th:
A BILL to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to change the definition of homestead for purposes of the homestead exemption for persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00 and the homestead exemption for persons who are 65 years of age or over regardless of income; and for other purposes.
HB 1770. By Representatives Childers of the 13th, Post 1, Smith of the 13th, Post 2 and Reece of the 11th:
A BILL to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to change the definition of homestead for purposes of the homestead exemption for persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00 and the homestead exemption for persons who are 65 years of age or over regardless of income; and for other purposes.
HB 1771. By Representative Ray of the 108th:
A BILL to create a board of elections and registration for Crawford County and provide for its powers and duties; and for other purposes.

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HB 1773. By Representative Scott of the 138th:
A BILL to amend an Act entitled "An Act to provide for the election of the members of the board of education of Turner County," so as to provide for the compensation of the members of the board; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 196. By Senators Reed of the 35th, Thomas of the 10th, Zamarripa of the 36th, Levetan of the 40th, Fort of the 39th and others:
A BILL to be entitled an Act to repeal an Act approved March 20, 1986 (Ga. L. 1986, p. 4446), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1972 general election (H.R. 799-1935; Ga. L. 1972, p. 1477) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the authorization of Fulton County to operate recreational programs in any city lying wholly or partially within such county and having a population of not more than 5,000 persons; to repeal that constitutional amendment duly ratified at the 1972 general election (H.R. 799-1935; Ga. L. 1972, p. 1477) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia; to repeal conflicting laws; and for other purposes.
SB 477. By Senators Johnson of the 1st and Kemp of the 3rd:
A BILL to be entitled an Act to provide for the repeal of the amendment to the Constitution providing that the general homestead exemption from ad valorem taxation shall not apply to taxes assessed and levied by Glynn County for the support and maintenance of education, which amendment was proposed by 1956 House Resolution No. 59-163h; Resolution Act No. 27 (Ga. L. 1956, p. 253) and was continued in force and effect by an Act approved February 24, 1987 (Ga. L. 1987, p. 3610); to thereby grant the general $2,000.00 homestead exemption with respect to taxes assessed and levied by Glynn County for the support and maintenance of education; to provide for a referendum with respect to the effectiveness of the foregoing; to recite constitutional authority; to provide for submission under the federal Voting Rights Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 509. By Senator Cheeks of the 23rd:
A BILL to be entitled an Act to amend an Act entitled "An Act to incorporate the town of Wrens, in the county of Jefferson," approved December 17, 1901

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(Ga. L. 1901, p. 722), as amended, so as to provide that the governing authority may establish the compensation of its members in accordance with general law; to repeal conflicting laws; and for other purposes.
SB 580. By Senators Clay of the 37th, Lamutt of the 21st and Tanksley of the 32nd:
A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4668), so as to change the compensation of the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 583. By Senators Hamrick of the 30th, Reed of the 35th and Thompson of the 33rd:
A BILL to be entitled an Act to amend an Act creating the State Court of Douglas County, approved April 1, 1999 (Ga. L. 1999, p. 3606), so as to provide for an additional fee for each civil action filed; to provide that such fee shall be used for a certain purpose; to repeal conflicting laws; and for other purposes.
SB 587. By Senators Hudgens of the 47th and Cagle of the 49th:
A BILL to be entitled an Act to amend an Act creating a board of education of Madison County, approved March 24, 1988 (Ga. L. 1988, p. 4698), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4421), so as to make technical changes in said 2002 amendatory Act; to revise the numbering of the education districts in such amendatory act; to ratify and confirm, to the maximum extent possible, any election previously held under the provisions of such amendatory Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 600. By Senators Kemp of the 3rd and Johnson of the 1st:
A BILL to be entitled an Act to provide for a homestead exemption from Liberty County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for a short title; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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SB 601. By Senators Kemp of the 3rd and Johnson of the 1st:
A BILL to be entitled an Act to provide for a homestead exemption from Liberty County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide a short title; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
SB 610. By Senators Zamarripa of the 36th, Levetan of the 40th, Price of the 56th, Tanksley of the 32nd and Moody of the 27th:
A BILL to be entitled an Act to provide for a homestead exemption from Fulton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
SB 617. By Senators Hall of the 22nd and Cheeks of the 23rd:
A BILL to be entitled an Act to amend an Act creating the Augusta Canal Authority, approved March 30, 1989 (Ga. L. 1989, p. 4750), as amended, so as to change a definition; to repeal conflicting laws; and for other purposes.
SB 625. By Senator Lee of the 29th:
A BILL to be entitled an Act to create the Heard County Public Facilities Authority; to provide for a short title; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, compensation, and expenses; to provide for vacancies, organization, meetings, and quorum; to provide for definitions; to provide for the powers and duties of the authority; to provide for revenue bonds and their form, denominations, signatures thereon, negotiability, and sale and use of proceeds from such sales; to provide for interim documents and for lost or mutilated bonds; to provide conditions for issuance; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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SB 626. By Senator Gillis of the 20th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5491), so as to annex certain tracts or parcels of land into the City of Soperton and to change the description of the council districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

SB 196. By Senators Reed of the 35th, Thomas of the 10th, Zamarripa of the 36th, Levetan of the 40th, Fort of the 39th and others:
A BILL to be entitled an Act to repeal an Act approved March 20, 1986 (Ga. L. 1986, p. 4446), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1972 general election (H.R. 799-1935; Ga. L. 1972, p. 1477) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the authorization of Fulton County to operate recreational programs in any city lying wholly or partially within such county and having a population of not more than 5,000 persons; to repeal that constitutional amendment duly ratified at the 1972 general election (H.R. 799-1935; Ga. L. 1972, p. 1477) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia; to repeal conflicting laws; and for other purposes.

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

SB 477. By Senators Johnson of the 1st and Kemp of the 3rd:
A BILL to be entitled an Act to provide for the repeal of the amendment to the Constitution providing that the general homestead exemption from ad valorem taxation shall not apply to taxes assessed and levied by Glynn County for the support and maintenance of education, which amendment was proposed by 1956 House Resolution No. 59-163h; Resolution Act No. 27

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(Ga. L. 1956, p. 253) and was continued in force and effect by an Act approved February 24, 1987 (Ga. L. 1987, p. 3610); to thereby grant the general $2,000.00 homestead exemption with respect to taxes assessed and levied by Glynn County for the support and maintenance of education; to provide for a referendum with respect to the effectiveness of the foregoing; to recite constitutional authority; to provide for submission under the federal Voting Rights Act; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

SB 509. By Senator Cheeks of the 23rd:
A BILL to be entitled an Act to amend an Act entitled "An Act to incorporate the town of Wrens, in the county of Jefferson," approved December 17, 1901 (Ga. L. 1901, p. 722), as amended, so as to provide that the governing authority may establish the compensation of its members in accordance with general law; to repeal conflicting laws; and for other purposes.

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

SB 580. By Senators Clay of the 37th, Lamutt of the 21st and Tanksley of the 32nd:
A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4668), so as to change the compensation of the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SB 583. By Senators Hamrick of the 30th, Reed of the 35th and Thompson of the 33rd:

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A BILL to be entitled an Act to amend an Act creating the State Court of Douglas County, approved April 1, 1999 (Ga. L. 1999, p. 3606), so as to provide for an additional fee for each civil action filed; to provide that such fee shall be used for a certain purpose; to repeal conflicting laws; and for other purposes.

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

SB 587. By Senators Hudgens of the 47th and Cagle of the 49th:
A BILL to be entitled an Act to amend an Act creating a board of education of Madison County, approved March 24, 1988 (Ga. L. 1988, p. 4698), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4421), so as to make technical changes in said 2002 amendatory Act; to revise the numbering of the education districts in such amendatory act; to ratify and confirm, to the maximum extent possible, any election previously held under the provisions of such amendatory Act; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

SB 600. By Senators Kemp of the 3rd and Johnson of the 1st:
A BILL to be entitled an Act to provide for a homestead exemption from Liberty County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for a short title; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

SB 601. By Senators Kemp of the 3rd and Johnson of the 1st: A BILL to be entitled an Act to provide for a homestead exemption from

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Liberty County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide a short title; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

SB 610. By Senators Zamarripa of the 36th, Levetan of the 40th, Price of the 56th, Tanksley of the 32nd and Moody of the 27th:
A BILL to be entitled an Act to provide for a homestead exemption from Fulton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

SB 617. By Senators Hall of the 22nd and Cheeks of the 23rd:
A BILL to be entitled an Act to amend an Act creating the Augusta Canal Authority, approved March 30, 1989 (Ga. L. 1989, p. 4750), as amended, so as to change a definition; to repeal conflicting laws; and for other purposes.

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

SB 625. By Senator Lee of the 29th:
A BILL to be entitled an Act to create the Heard County Public Facilities Authority; to provide for a short title; to provide for the membership and the appointment of members of the authority and their terms of office,

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qualifications, duties, powers, compensation, and expenses; to provide for vacancies, organization, meetings, and quorum; to provide for definitions; to provide for the powers and duties of the authority; to provide for revenue bonds and their form, denominations, signatures thereon, negotiability, and sale and use of proceeds from such sales; to provide for interim documents and for lost or mutilated bonds; to provide conditions for issuance; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

SB 626. By Senator Gillis of the 20th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5491), so as to annex certain tracts or parcels of land into the City of Soperton and to change the description of the council districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its disagreement to the House amendment to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the House:
HB 709. By Representatives Ashe of the 42nd, Post 2, Holmes of the 48th, Post 1, McClinton of the 59th, Post 1 and Smyre of the 111th:
A BILL to amend Code Section 48-8-6 of the Official Code of Georgia Annotated, relating to limitations and restrictions on certain local taxes, so as to provide that certain taxes shall be excluded in computing the limitation on

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the total amount of local sales and use taxes which may be levied; to provide certain exemptions from certain local sales and use taxes; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Reed of the 35th, Cagle of the 49th, and Johnson of the 1st.
The Senate has passed by substitute, by the requisite constitutional majority the following bills of the House:
HB 869. By Representatives Coleman of the 118th, Jenkins of the 93rd and Stephenson of the 60th, Post 1:
A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to repeal certain additional charges on criminal and civil filings and proceedings; to repeal Code Section 15-6-77.4, relating to an additional divorce case filing fee for the Children's Trust Fund; to repeal Code Section 14-9-60.1, relating to an additional marriage license fee for the Children's Trust Fund; to repeal Article 4 of Chapter 21, the "Peace Officer and Prosecutor Training Fund of 1983"; to repeal Article 7 of Chapter 21, relating to the compensation to victims of violators of driving under the influence statute; to repeal Code Section 15-21-149; to repeal Code Section 15-21-150; to repeal Code Section 15-21-151; to repeal Code Section 15-21-152; and for other purposes.
HB 1181. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2004 and ending June 30, 2005; and for other purposes.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 869. By Representatives Coleman of the 118th, Jenkins of the 93rd and Stephenson of the 60th, Post 1:
A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to repeal certain additional charges on criminal and civil filings and proceedings; to repeal Code Section 15-6-77.4, relating to an additional divorce case filing fee for the Children's Trust Fund; to repeal

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Code Section 14-9-60.1, relating to an additional marriage license fee for the Children's Trust Fund; to repeal Article 4 of Chapter 21, the "Peace Officer and Prosecutor Training Fund of 1983"; to repeal Article 7 of Chapter 21, relating to the compensation to victims of violators of driving under the influence statute; to repeal Code Section 15-21-149; to repeal Code Section 15-21-150; to repeal Code Section 15-21-151; to repeal Code Section 15-21152; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, and Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change the membership of the Georgia Superior Court Clerks Cooperative Authority; 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 make numerous conforming amendments; to provide for other related matters; to amend Code Section 17-12-36 of the Official Code of Georgia Annotated, relating to establishment of alternate indigent defense delivery systems, so as to change certain provisions regarding requirements of such alternate delivery systems; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is 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 nine members as follows:

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(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 and their successors shall likewise 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 member's 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 a superior court judge appointed by the Governor; (E) One member appointed by the Senate Committee on Assignments; and (F) One member appointed by the Speaker of the House. 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 2. 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 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

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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. The authority shall act as collecting and remitting agent with respect to the costs, fees, and surcharges specified in this Code section. 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 or state funds. 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; and (5) Probation fees collected by the courts under Code Section 42-8-34.
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.

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(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 and the manner of allocation of such partial or installment collections. 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.
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 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 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 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 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; and (5) The net proceeds received pursuant to paragraph (5) of Code Section 15-21A-3 shall be remitted to the general fund of the state treasury. (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 and collected an additional filing fee of $15.00 in each civil action or case filed in the superior, state, probate, recorders, mayors, municipal, and magistrate courts. 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

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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 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.
15-21A-7. The authority shall, on a quarterly basis, make a detailed report and accounting of all funds collected and remitted pursuant to this chapter and shall submit such report and accounting to the Office of Planning and Budget, the Legislative Budget Office, and the General Assembly no later than 30 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 Code who willfully refuses or fails to pay over any such funds to the authority as required by this Code section shall be guilty of a misdemeanor. The offense created by this Code section shall not merge with any other offense.
SECTION 3. Said Title 15 is further 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 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 days after the last day of the preceding quarter."

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SECTION 4. Said Title 15 is further amended by striking Code Section 15-9-60.1, relating to 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 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

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the proceeds derived therefrom may be used for the purpose of providing training to law enforcement officers and prosecuting officials.
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, recorders, mayors, municipal court, magistrate court, or superior court in this state shall impose a fine, which shall be construed to include costs, for any offense against a criminal or traffic law 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) An additional 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, 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 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, except as provided in subsection (c) of this Code section. (c) Where the Georgia Public Defender Standards Council has approved an alternative delivery system as set forth in Code Section 17-12-36, 34 percent of the 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 and 66 percent of the funds derived under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73 shall be remitted to the county providing the 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

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Compensation Board by the last day of the month there following, to be deposited into 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 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 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 8. 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

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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 probation fees collected by the court 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, 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."
SECTION 9. This Act shall become effective on July 1, 2004. This Act shall apply with respect to funds collected by court clerks and other officers and agents collecting funds subject to this Act on or after that date, except that partial and installment payments held by clerks and other officers and agents on July 1, 2004, shall on and after that date be subject to this Act.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

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By unanimous consent, the House disagreed to the Senate substitute to HB 869, pursuant to authority granted by the Speaker.

HB 1181. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2004 and ending June 30, 2005; and for other purposes.

The following Senate substitute was read:

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 2004, and ending June 30, 2005; to make and provide such appropriations for the operation of the State government, it's departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political sub-divisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2004, and ending June 30, 2005, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State:

Total Funds Federal Funds Non-State Funds State Funds Lottery Funds State Motor Fuel Tobacco Funds Other State Funds State General Funds

$29,037,463,024 $7,664,493,918 $4,972,921,466
$16,400,047,640 $771,553,228 $729,000,000 $156,370,000 $177,829,675
$14,565,294,737

Other State Funds Brain and Spinal Injury Trust Fund

Fund Amount $3,000,000

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Surplus: Carried Forward Surplus: Current Year Indigent Care Trust Fund - Nursing
Home Fees HB 869: Court Fees -2004 Session
PART I. LEGISLATIVE BRANCH
Section 1 General Assembly
Objects of Expenditure Regular Operating Expenses Equipment Computer Charges Real Estate Rentals Telecommunications Personal Services - General Assembly
Staff Personal Services - Elected Officials Travel - Staff Per Diem Fees and Contracts- Staff Per Diem and Fees-Elected Officials Photography Expense Reimbursement Account Travel - Elected Officials Contracts-Staff Contracts-Elected Officials
Senate Functional Budgets
Objects of Expenditure Regular Operating Expenses Equipment Computer Charges Telecommunications Personal Services - General Assembly
Staff Personal Services - Elected Officials Travel - Staff Per Diem Fees and Contracts- Staff Per Diem and Fees-Elected Officials Photography

$7,000,000 $232,250
$109,857,425
$57,740,000
Total Funds $2,534,726 $614,000 $8,950 $7,000 $557,600
$18,267,809
$5,453,015 $73,000 $110,599
$3,020,527 $95,000
$1,652,000 $1,500
$79,000 $712,686
Total Funds $274,572 $72,500 $1,200 $197,000
$5,525,533
$1,376,795 $22,000
$(49,286) $759,200 $35,000

THURSDAY, MARCH 25, 2004

Expense Reimbursement Account Travel - Elected Officials Contracts-Staff

Programs Lt. Governor's Office Secretary of the Senate's Office Senate and Research Office Senate Budget Office

State Funds $824,489
$1,178,376 $6,027,821
$578,828

Fund Allocations Total Funds State Funds State General Funds

House Functional Budgets

Objects of Expenditure Regular Operating Expenses Equipment Computer Charges Telecommunications Personal Services - General Assembly
Staff Personal Services - Elected Officials Travel - Staff Per Diem Fees and Contracts- Staff Per Diem and Fees-Elected Officials Photography Expense Reimbursement Account Contracts-Staff

Programs Clerk of the House's Office House of Representatives and Research
Office Speaker of the House's Office

State Funds $1,573,212
$13,225,638
$205,936

Fund Allocations Total Funds State Funds State General Funds

2837
$392,000 $1,500 $1,500
Total Funds $824,489
$1,178,376 $6,027,821
$578,828
Fund Amount $8,609,514 $8,609,514 $8,609,514
Total Funds $439,638 $74,000 $2,250 $282,000
$6,651,466
$4,076,220 $20,000 $16,385
$2,121,327 $60,000
$1,260,000 $1,500
Total Funds $1,573,212
$13,225,638
$205,936
Fund Amount $15,004,786 $15,004,786 $15,004,786

2838

JOURNAL OF THE HOUSE

Joint Offices Functional Budgets

Objects of Expenditure Regular Operating Expenses Equipment Computer Charges Real Estate Rentals Telecommunications Personal Services - General Assembly
Staff Travel - Staff Per Diem Fees and Contracts- Staff Per Diem and Fees-Elected Officials Contracts-Staff Contracts-Elected Officials

Total Funds $1,820,516 $467,500 $5,500 $7,000 $78,600 $6,090,810
$31,000 $143,500 $140,000 $76,000 $712,686

Programs Ancillary Activities Budgetary Responsibility Oversight
Committee Legislative Budget Office Legislative Fiscal Office Office of Legislative Counsel

State Funds $3,206,487 $455,040
$958,479 $2,103,160 $2,849,946

Total Funds $3,206,487 $455,040
$958,479 $2,103,160 $2,849,946

Fund Allocations Total Funds State Funds State General Funds

Fund Amount $9,573,112 $9,573,112 $9,573,112

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or

THURSDAY, MARCH 25, 2004

2839

reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

Section 2 Department of Audits

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees

Total Funds $24,912,820
$811,726 $475,000 $19,000 $1,559,900 $1,050,700 $344,112 $167,200

Programs Department of Audits

State Funds $29,340,458

Total Funds $29,340,458

Fund Allocations Total Funds State Funds State General Funds

Fund Amount $29,340,458 $29,340,458 $29,340,458

PART II JUDICAL BRANCH

Section 3 Judicial Branch

Objects of Expenditure Personal Services Regular Operating Expenses Other Operating Prosecuting Attorney's Council Judicial Administrative Districts

Total Funds $17,061,728
$5,723,076 $111,776,452
$4,980,322 $1,918,814

2840

JOURNAL OF THE HOUSE

Payment to Council of Superior Court Clerks
Payment To Resource Center Public Defender Standards Council

$144,925
$800,000 $37,111,575

Programs Council of Juvenile Court Judges Court of Appeals Georgia Office of Dispute Resolution Indigent Defense Council Institute of Continuing Judicial Education Judical Council Judicial Qualifications Commission Superior Court - District Attorneys Superior Court - Judges Supreme Court of Georgia

State Funds $1,413,199
$12,101,872 $354,035 $0
$1,078,182 $51,580,624
$254,121 $47,205,547 $52,694,617
$7,647,283

Total Funds $1,413,199
$12,191,872 $354,035 $0
$1,078,182 $53,665,624
$254,121 $48,897,593 $52,694,617
$8,967,649

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State General Funds

Fund Amount $179,516,892 $3,097,412 $3,410,366 $174,329,480 $174,329,480

For the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating

THURSDAY, MARCH 25, 2004

2841

the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 4 Department of Administrative Services

A: Budget Unit Department of Administrative Services

Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Direct Payments to GBA for Operations Materials For Resale Health Planning Review Board Operations Payments to Aviation Hall Of Fame Payments to Golf Hall Of Fame State Self Insurance Fund Payments to Georgia Technology
Authority Removal of Hazardous Waste Office of State Treasury Office of State Administrative Hearings State Properties Commission

Total Funds $13,206,139
$1,949,885 $202,017 $20,418 $90,332
$2,567,276 $756,743 $291,798 $534,763 $74,335
$1,050,156 $3,245,600
$30,473 $25,000 $25,000 $132,900,000 $15,448,101
$87,994 $2,748,728 $4,523,483
$628,165

Programs Administrative Hearings Bulk Paper Sales Departmental Administration/Overhead Fiscal Services Fleet Management Mail and Courier Risk Management Service Contract Management

State Funds $3,869,949 $696,334 $0 $16,906,263 $600,505 $214,267 $0 $0

Total Funds $4,471,257 $2,859,748 $0
$17,201,101 $2,591,288 $1,525,541
$138,371,288 $154,847

2842

JOURNAL OF THE HOUSE

Small and Minority Business Development
Space Management State Properties Commission State Purchasing Surplus Property Treasury and Fiscal Services U.S. Post Office
Fund Allocations Total Funds Non-State Funds State Funds State General Funds
B: Budget Unit -- Georgia Building Authority
Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Capital Outlay Contracts Utilities Facilities Renovations and Repairs Building Access Control Payments to the Department of Public
Safety
Programs Cafeteria Services Day Care Facilities Stately Events Catering Services Van Pool

$1,267,433 $590,239 $581,838
$4,249,681 $182,063 $343,949 $189,674
State Funds $0 $0 $0 $0 $0

$1,267,433
$590,239 $581,838 $4,623,481 $3,106,943 $2,720,728 $340,674
Fund Amount $180,406,406 $150,714,211 $29,692,195 $29,692,195
Total Funds $12,129,989
$6,295,740 $14,800
$100,000 $200,000 $307,000
$15,071 $237,700 $657,089 $3,667,413 $3,173,776 $7,839,685 $510,229 $1,670,244 $5,440,435
Total Funds $2,065,013 $0
$38,165,228 $2,028,930 $0

Fund Allocations Total Funds Non-State Funds State Funds State General Funds

THURSDAY, MARCH 25, 2004

C: Budget Unit -- Georgia Technology Authority

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Telephone Billings Radio Billings Materials For Resale

Programs Acquisition Management -External Administrative Application Development and Support Contact Center Financial Systems - Applications Information Security Operations Information Technology Policy, Standards
and Architecture Multi-Media Production Project Management State Data Center Telecommunication Services

State Funds $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0

Fund Allocations Total Funds Non-State Funds State Funds State General Funds

2843
Fund Amount $42,259,171 $42,259,171 $0 $0
Total Funds $53,078,654
$5,370,000 $490,140 $208,696
$37,508,558 $4,173,901 $6,000
$11,200,226 $300,000
$82,323,000 $501,019
$3,481,106
Total Funds $927,230
$20,443,031 $11,423,094
$925,179 $7,798,048 $1,413,713 $3,422,352
$251,329 $2,169,971 $45,905,867 $103,961,486
Fund Amount $198,641,300 $198,641,298 $0 $0

2844

JOURNAL OF THE HOUSE

Notwithstanding any provision of the law to the contrary, in managing any of the self-insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to O.C.G.A. 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.

Section 5 Department of Agriculture

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Market Bulletin Postage Payments to Athens and Tifton Veterinary
Laborator Poultry Veterinary Diagnostic Labs Veterinary Fees Indemnities Advertising Contract Repairs and Maintenance at Major and
Minor Markets

Total Funds $31,976,448
$4,023,431 $1,053,928
$295,754 $664,341 $1,188,343 $382,209
$33,500 $1,341,998
$566,619 $3,189,678
$2,889,986 $142,000 $10,000 $425,000 $653,000

Programs Consumer Protection Departmental Administration/Overhead Marketing and Promotion Seed Technology and Development
Commission, Georgia

State Funds $29,599,947
$0 $9,749,079
$0

Total Funds $37,321,647
$0 $10,711,798
$802,790

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State General Funds

Fund Amount $48,836,235 $7,027,377 $2,459,832 $39,349,026 $39,349,026

THURSDAY, MARCH 25, 2004

Section 6 Department of Banking and Finance

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees

Programs Chartering, Licensing and
Applications/Non-Mortgage Entities Consumer Protection and Assistance Departmental Administration/Overhead Financial Institution Supervision Mortgage Supervision

State Funds $438,631
$553,540 $0
$6,992,771 $2,116,501

Fund Allocations Total Funds State Funds State General Funds

Section 7 Department of Community Affairs

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Contracts for Region Planning and
Development Local Assistance Grants Appalachian Regional Commission
Assessment Payments to the Georgia Environmental

2845
Total Funds $8,656,082 $269,039 $308,557 $2,347 $171,052 $565,435 $117,006 $11,925
Total Funds $438,631
$553,540 $0
$6,992,771 $2,116,501
Fund Amount $10,101,443 $10,101,443 $10,101,443
Total Funds $22,955,040
$1,923,412 $624,939 $166,022 $573,436
$1,527,264 $527,611 $966,363 $514,025
$1,779,593
$90,000 $163,000
$200,000

2846

JOURNAL OF THE HOUSE

Facilities A Home Program Payments to the Sports Hall Of Fame Payments to the State Housing Trust Fund Regional Economic Business Assistance
Grants-GHFA Contracts-Homeless Assistance Community Service Grant HUD Section 8 Rental Assistance Georgia Regional Transportation
Authority GHFA-Georgia Cities Foundation Georgia Leadership Infrastructure
Investment Fund One Georgia Fund
Programs Building Construction Coordinated Planning Data and Research DCA Pass-Thru Departmental Administration/Overhead Environmental Education and Assistance Environmental Facilities Authority,
Georgia Federal Community and Economic
Development Programs Georgia Music Hall of Fame Homeownership programs OneGeorgia Authority Regional Services Regional Transportation Authority,
Georgia Rental Housing Programs Special Housing Initiatives Sports Hall of Fame Authority, Georgia State Community Development Programs State Economic Development Program
Fund Allocations Total Funds Federal Funds Non-State Funds

State Funds $374,431
$3,084,909 $656,833 $502,902 $0 $576,922 $200,000
$1,019,353
$749,196 $259,563 $47,123,333 $2,118,583 $4,438,494
$3,944,601 $2,870,715
$733,580 $1,478,614 $4,027,554

$3,122,606 $733,580
$2,778,750 $2,880,000
$1,250,000 $35,000,000 $50,000,000
$4,610,169
$694,687 $495,000
$47,123,333
Total Funds $560,820
$3,195,270 $656,833 $502,902 $0 $576,922 $200,000
$38,215,260
$1,224,010 $4,616,179 $47,123,333 $2,843,502 $4,610,169
$64,229,258 $5,692,956 $733,580 $1,616,565 $4,101,271
Fund Amount $180,698,830 $93,325,497 $13,213,750

THURSDAY, MARCH 25, 2004

State Funds Tobacco Funds State General Funds

Section 8 Department of Community Health

A: Budget Unit Medicaid Services

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Purchase of Service Contracts Health Insurance Payments Medical Fair Loan Repayment Program Medical Student Capitation Payments to Nursing Homes Grant In Aid to Counties Medicaid Benefits, Penalties and
Disallowances Audit Contracts Benefits Medical Scholarships Capitation Contracts for Family Practice
Residency Residency Capitation Grants Mercer School of Medicine Grants Morehouse School of Medicine Grant SREB Payments Pediatric Residency Capitation Preventive Medicine Capitation

Programs Departmental Administration/Overhead Health Care Access and Improvement Health Care Regulation and Licensing

State Funds $0
$3,198,740 $3,620,618

2847
$74,159,583 $47,123,333 $27,036,250
Total Funds $33,011,991
$8,596,198 $288,188 $75,136
$92,573,594 $1,793,945 $898,341 $1,350,873
$400,776,680 $183,244
$1,009,000,000 $50,511
$300,757 $3,428,706 $272,609,641
$500,300 $5,566,742,973
$1,097,500 $360,067,504
$728,000 $3,646,792
$1,941,782 $17,819,433 $10,080,536
$401,225 $418,046 $105,780
Total Funds $0
$372,232,315 $3,980,547

2848

JOURNAL OF THE HOUSE

Medicaid Medical Education Board, State Physician Workforce, Georgia Board of State Health Benefit Plan Workforce Policy Advisory Committee

$1,963,415,296 $1,309,184
$38,375,853 $34,077,526
$0

$6,045,361,327 $1,309,184
$38,375,853 $1,327,228,450
$0

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds Tobacco Funds State General Funds

Fund Amount $7,788,487,676 $3,875,560,017 $1,868,930,442 $2,043,997,217
$53,116,681 $1,990,880,536

B: Budget Unit PeachCare for Kids

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Telecommunications Contracts Peachcare Benefits, Penalties and
Disallowances

Total Funds $382,034 $165,254 $45,000 $1,155 $130,599 $11,675
$10,304,101 $284,501,724

Programs PeachCare

State Funds $83,846,789

Total Funds $295,541,542

Fund Allocations Total Funds Federal Funds State Funds Tobacco Funds State General Funds

Fund Amount $295,541,542 $211,694,753 $83,846,789 $4,970,705 $78,876,084

There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the provider fees paid to the Indigent Care Trust Fund created pursuant to Article 6A of Chapter 8 of Title 31. The sum of money is appropriated for payments to nursing homes pursuant to Article 6A.

THURSDAY, MARCH 25, 2004

2849

It is the intent of this General Assembly that the employer contribution rate for the teachers' health benefit plan for SFY 2005 shall not exceed 13.1%.

It is the intent of this General Assembly that the employer contribution rate for the state employees' health benefit plan for SFY 2005 shall not exceed 13.1%.

Section 9 Department of Corrections

Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Utilities Health Services Purchases Court Costs County Subsidy County Subsidy For Jails Payments to Central State Hospital for
Meals Payments to Central State Hospital for
Utilities Payments to Public Safety for Meals Inmate Release Fund UGA College of Veterinary Medicine
Contracts

Total Funds $540,847,790
$58,365,389 $1,837,636
$463,345 $2,559,774 $5,211,254 $7,690,886 $7,070,475
$42,637 $75,600,955 $26,660,817 $131,921,967
$1,300,000 $37,726,400
$6,450,000 $4,268,025
$1,627,150
$577,160 $1,450,000
$449,944

Programs Bainbridge PSATC Departmental Administration/Overhead Food and Farm Operations Health Offender Management Parole Revocation Centers Private Prisons Probation Boot Camps Probation Detention Centers

State Funds $3,581,509 $0 $14,522,044
$147,053,245 $54,187,485
$4,310,511 $76,555,477 $5,308,545 $39,794,651

Total Funds $3,593,675 $0
$15,101,929 $155,588,520 $54,214,312
$4,371,610 $76,595,045
$5,652,781 $42,371,838

2850

JOURNAL OF THE HOUSE

Probation Diversion Centers Probation Supervision State Prisons Transition Centers
Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds State General Funds
Section 10 Department of Defense
Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Leases
Programs Civil Support Departmental Administration/Overhead Facilities Management Military Readiness
Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State General Funds
Section 11 State Board of Education
A: Budget Unit Department of Education

$14,479,431 $69,799,022 $434,130,667 $23,017,047
State Funds $3,454,552 $0 $2,385,434 $1,726,480

$17,668,281 $69,833,445 $444,101,129 $23,029,039
Fund Amount $912,121,604 $3,461,795 $450,000 $21,470,175 $886,739,634 $886,739,634
Total Funds $17,725,055 $23,102,725
$90,875 $52,800 $68,625 $43,211 $1,022,261 $1,341,895 $244,000
$9,930
Total Funds $8,265,438 $0
$33,709,459 $1,726,480
Fund Amount $43,701,377 $33,708,798 $2,426,113 $7,566,466 $7,566,466

THURSDAY, MARCH 25, 2004
Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Capital Outlay Contracts Utilities Kindergarten/Grades 1-3 Grades 4-8 Grades 9-12 Vocational Education Labs Special Education Gifted Remedial Education Staff Development and Professional
Development Media Indirect Cost Pupil Transportation Local Five Mill Share Equalization Formula Sparsity Grants Special Education Low - Incidence Grants Limited English-Speaking Students TITLE I-A,Improving Basic Programs
Operated by LEA Retirement (H.B. 272 and H.B. 1321) Instructional Services for the Handicapped Tuition for the Multi-Handicapped Severely Emotionally Disturbed School Lunch (Federal) School Lunch (State) Regional Education Service Agencies Georgia Learning Resources System High School Program - Technology/
Career Education Special Education In State Institutions Vocational Research and Curriculum

2851
Total Funds $41,833,072
$6,827,584 $1,281,935
$292,680 $9,573,252 $1,135,404
$883,485 $4,190,737 $30,569,700 $41,800,443
$772,896 $1,707,110,525 $1,564,815,699
$765,460,363 $196,506,716 $796,138,994 $192,300,693 $22,033,782 $31,135,509
$149,198,288 $922,944,443 $150,367,887 $(1,241,711,092) $341,156,547
$6,352,443 $826,722
$70,492,962 $309,883,868
$5,508,750 $191,495,397
$1,658,858 $63,248,787 $188,375,722 $34,433,962 $11,111,789
$3,307,365 $45,043,744
$3,556,873 $6,394,612

2852

JOURNAL OF THE HOUSE

TITLE I-B,Even Start PSAT TITLE V, Innovative Programs Payments of Federal Funds to Bd. Of Dept
of Techni Education of Homeless Children/Youth Next Generation School Grants TITLE IV-A1 Safe and Drug Free Schools
and Communi Refugee School Impact / Emergency
Immigrant Educat Byrd Honor Scholarships Health Insurance-Non-Cert. Personnel and
Retired T Pre-School Handicapped Program Mentor Teachers Advanced Placement Exams Serve America Program Youth Apprenticeship Grants Alternative Programs Pay For Performance Charter Schools Migrant Education (State) TITLE I-F,Comprehensive School Reform Partnerships in Character Education National Teacher Certification Principal Supplements Grants for School Nurses Reading Program Student Testing Internet Access School Improvement Teams Communities in Schools Additional Instruction TITLE I-C Education of Migrant Children TITLE 1-D, Neglected and Delinquent TITLE II-A, Improve Teacher Quality TITLE II-D, Enhancing Education thru
Technology TITLE III-A, English Language
Acquisition TITLE IV-B, 21st Century
Communication

$7,021,675 $719,129
$9,389,202 $16,909,425
$1,546,542 $375,000
$10,567,629
$639,390
$1,188,000 $107,826,070
$23,371,885 $1,099,132 $1,608,000
$150,000 $3,811,974 $70,537,965 $2,667,165 $7,293,463
$267,535 $8,478,748
$250,000 $10,403,035
$5,361,125 $30,000,000 $74,650,015 $11,125,646 $3,644,339 $11,636,228 $1,370,623 $47,742,553
$8,626,018 $2,000,255 $72,520,695 $17,764,034
$6,786,358
$8,691,764

THURSDAY, MARCH 25, 2004

TITLE VI-B, Rural and Low-Income Reductions to QBE Formula Earnings High School Program - Agricultural
Education

Programs Agricultural Education Alternative Education Core K-12 Curriculum Development Data Collection and Technical Services Departmental Administration/Overhead Facilities Gifted Education Health and Nutrition Health Insurance - Non certified personnel
and retired teachers Limited English Proficiency Miscellaneous Contracts -National Science
Center Foundation Regional Education Service Agencies
RESA Remedial Education School Improvement School Leadership Special Education Staff Development Teacher's Retirement Testing Transportation, Pupil Vocational Education Vocational Education Payments to DTAE

State Funds $7,323,252 $66,552,542
$2,871,117,811 $36,296,145 $13,169,239 $0 $1,345,713
$180,570,155 $35,182,485 $107,826,070
$65,487,414 $316,750
$11,111,789
$465,438,235 $17,184,977 $675,091,178 $851,662,656 $40,655,201
$5,508,750 $14,089,407 $151,018,279 $203,844,786
$0

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State General Funds

B: Budget Unit Office of School Readiness

2853
$6,941,585 $(380,843,574)
$7,112,268
Total Funds $8,489,887 $68,552,797
$3,246,963,968 $82,154,367 $15,813,251 $0 $32,263,637
$181,916,281 $258,824,029 $107,826,070
$72,343,764 $10,659,326
$11,111,789
$465,438,235 $50,608,657 $675,091,178 $1,062,913,204 $113,183,860
$5,508,750 $21,660,888 $151,036,685 $240,292,244 $16,909,425
Fund Amount $6,899,562,292 $1,030,212,145
$48,557,313 $5,820,792,834 $5,820,792,834

2854

JOURNAL OF THE HOUSE

Objects of Expenditure Personal Services Regular Operating Expenses Travel Computer Charges Telecommunications Per Diem and Fees Child Care Lunch Program (Federal) Pre-Kindergarten - Grants Pre-Kindergarten - Personal Services Pre-Kindergarten - Operations Standards of Care

Total Funds $1,123,882 $29,783 $43,283 $3,000 $10,351 $5,000
$88,195,529 $263,868,407
$2,131,565 $4,909,478
$700,000

Programs Child Care Regulation and Development Departmental Administration/Overhead Nutrition Pre-Kindergarten Program

State Funds $1,123,124 $0 $194,694
$270,714,756

Total Funds $1,861,390 $0
$88,195,529 $270,963,359

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds Lottery Funds State General Funds

Fund Amount $361,020,278 $88,987,704 $0 $272,032,574 $270,909,450 $1,123,124

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,342.73. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Section 12 Employees' Retirement System of Georgia

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts

Total Funds $3,697,925 $724,190 $29,000 $12,450 $1,269,710 $561,189 $94,015 $1,090,999 $3,500,000

THURSDAY, MARCH 25, 2004

Georgia Military Pension Fund

Programs Benefit Services Communications Financial Reporting-Retiree Payroll Georgia Military Pension Fund Investment Services Member Services

State Funds $0 $0 $0
$617,000 $0 $0

Fund Allocations Total Funds Non-State Funds State Funds State General Funds

Public School Employee's Retirement System of Georgia

Objects of Expenditure Employer Contributions Administration Fee to ERS

Programs Public School Employees Retirement
System

State Funds $1,420,696

Fund Allocations Total Funds State Funds State General Funds

Section 13 State Forestry Commission

Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees

2855
$617,000
Total Funds $3,524,954 $1,136,370 $2,547,283 $617,000 $2,060,000 $1,710,871
Fund Amount $11,596,478 $10,979,478 $617,000 $617,000
Total Funds $833,196 $587,500
Total Funds $1,420,696
Fund Amount $1,420,696 $1,420,696 $1,420,696
Total Funds $28,594,326
$5,526,404 $111,311 $894,579
$1,727,651 $357,000 $11,518 $711,251 $9,500

2856

JOURNAL OF THE HOUSE

Contracts Ware County Grant
Programs Departmental Administration/Overhead Forest Management Forest Protection Tree Improvement Tree Seedling Nursery
Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State General Funds
Section 14 Georgia Bureau of Investigation
Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Evidence Purchased Crime Victims Assistance Program Public Safety Training Center
Programs Centralized Scientific Services Criminal Justice Coordinating Council Criminal Justice Information Services D.A.R.E Departmental Administration/Overhead Fugitive Squads Georgia Information Sharing and Analysis
Center

State Funds $0
$2,863,349 $29,434,547
$1,987 $(25,705)
State Funds $13,315,546
$315,653 $11,522,512
$0 $0 $0 $791,937

$498,260 $88,500
Total Funds $0
$4,055,849 $32,457,846
$140,610 $1,875,995
Fund Amount $38,530,300 $822,000 $5,434,122 $32,274,178 $32,274,178
Total Funds $46,282,274
$5,507,907 $330,392 $233,921 $221,428 $367,031 $378,414
$1,095,393 $1,668,455 $2,339,416
$288,667 $2,500,000 $31,319,619
Total Funds $13,315,546 $33,812,720 $11,522,512
$0 $0 $0 $791,937

THURSDAY, MARCH 25, 2004

Regional Forensic Services Regional Investigative Services Special Operations Unit State Healthcare Fraud Unit Task Forces
Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State General Funds
Section 15 Office of the Governor
Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Troops To Teachers Cost Of Operations Mansion Allowance Governor's Emergency Fund Intern Program Expense Art Grants of State Funds Art Grants of Non-State Funds Humanities Grants - State Grants - Local EMA Grants - Civil Air Patrol
Programs Arts, Georgia Council for the Attached Agency Administration Budget Management and Fiscal Policy Child Advocate, Office of the Consumer Affairs, Governor's Office of

$6,988,828 $23,103,525
$692,460 $1,127,024 $1,178,365
State Funds $4,101,489 $1,932,464 $3,224,703 $719,483 $3,303,426

2857
$6,988,828 $23,103,525
$692,460 $1,127,024 $1,178,365
Fund Amount $92,532,917 $28,825,629 $4,671,438 $59,035,850 $59,035,850
Total Funds $20,842,553
$1,441,692 $338,068 $54,911 $417,968
$1,145,891 $504,564
$1,349,833 $3,490,721
$111,930 $4,443,065
$40,000 $3,861,681
$358,595 $3,374,509
$274,194 $254,499 $1,085,000
$57,000
Total Funds $4,765,582 $1,932,464 $3,224,703 $719,483 $3,871,115

2858

JOURNAL OF THE HOUSE

Education Accountability, Office of Student Achievement
Emergency Management Agency, Georgia Equal Opportunity, Georgia Commission
on Office of Homeland Security Office of the Governor Office of the State Inspector General Planning and Evaluation Professional Standards Commission,
Georgia Research and Management
Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State General Funds
Section 16 Department of Human Resources
Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Utilities Postage Operating Expenses Service Benefits For Children Purchase of Service Contracts Payments - DCH-Community Care Grants to County DFCS - Operations Special Purpose Contracts Grant In Aid to Counties Medical Benefits

$1,146,544
$2,061,782 $725,969
$691,409 $8,703,341
$900,751 $1,119,842 $6,317,828
$2,068,747

$1,412,544
$6,493,749 $1,113,186
$691,409 $8,703,341
$900,751 $1,119,842 $6,429,758
$2,068,747
Fund Amount $43,446,674 $5,538,351 $890,545 $37,017,778 $37,017,778
Total Funds $447,546,618
$86,217,934 $4,745,512
$200,000 $910,120 $55,660,438 $12,116,830 $18,228,566 $12,940,668 $38,734,159 $9,483,000 $4,689,589 $57,443,428 $475,281,397 $141,940,991 $4,067,332 $385,339,194 $7,571,714 $152,294,792 $6,138,072

THURSDAY, MARCH 25, 2004

Children's Trust Fund Cash Benefits Major Maintenance and Construction Community Services Brain and Spinal Trust Fund Benefits Brain and Spinal Trust Fund Operations Council on Aging Council on Developmental Disabilities Family Connection Partnership
Programs Adolescent Health and Youth
Development Adoption Services and Supplements Adult Protective Services Brain and Spinal Injury Trust Fund Cancer Screening and Prevention Child Care Child Protective Services Child Support Establishment, Collection,
and Enforcement Children with Special Needs Children's Trust Fund Commission Chronic Disease Reduction - Health
Promotion Chronic Disease Treatment and Control Community Care Services Program Community Services - Adult Community Services - Child and
Adolescent Contracted Client Transportation Services Council on Aging Departmental Administration/Overhead Developmental Disabilities Elder Abuse and Fraud Prevention Emergency Preparedness/Bioterrorism Employment Services - MH/DD/AD Energy Assistance Epidemiology Family Connection Partnership Family Violence Services Fatherhood Initiative Food Stamp Program

State Funds $4,356,809
$27,977,862 $6,191,961 $3,000,000 $6,553,366
$61,338,073 $61,700,105 $25,317,065
$23,734,595 $6,864,181 $1,545,857
$8,741,862 $49,645,906 $297,544,134 $74,353,077
$4,043,988 $146,991
$(500,000) $27,535 $5,097
$3,428,487 $22,946,357
$1,651,803 $4,932,589 $9,203,588 $4,611,728
$0 $33,074,953

2859
$7,191,544 $129,303,498
$2,018,723 $509,260,396
$2,850,000 $150,000 $158,909
$2,277,507 $10,213,035
Total Funds $16,644,072
$49,820,063 $14,710,312
$3,000,000 $6,685,716 $203,280,987 $143,292,045 $92,911,058
$34,838,577 $6,864,181 $1,643,662
$10,235,233 $62,515,727 $370,321,017 $91,178,420
$20,179,776 $146,991 $0
$2,275,275 $100,486
$3,685,988 $28,073,580 $12,152,808
$5,438,501 $9,478,587 $5,344,371
$120,000 $88,226,695

2860

JOURNAL OF THE HOUSE

Georgia Child Fatality Review Panel Health Promotion and Disease Prevention
-Wellness High Risk Pregnant Women and Infants HIV/AIDS Home and Community Based Svcs Immunization Independent and Transitional Living
Services Infant and Child Health Services Injury Prevention Laboratory Services Medicaid Eligibility Determination Out of Home Care Outdoor Therapeutic Program Post Adoption Svcs Pre-Adoption Svcs Refugee Health Program Refugee Resettlement Regulatory Compliance Sexually Transmitted Diseases Treatment
and Control State Hospital Facilities State Hospital Facilities - Other Care State Hospital Facilities - Specialty Care Substance Abuse Prevention Support for Needy Families TANF Services-MHDDAD Tobacco Use Prevention Tuberculosis Treatment and Control Vital Records Women, Infants and Children - Nutrition
WIC Women's Health Services
Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds Tobacco Funds State General Funds

$327,363 $0
$6,195,797 $18,556,957 $20,775,843 $12,022,361
$727,761
$15,899,219 $522,635
$8,155,411 $28,617,182 $156,822,915
$3,258,418 $1,968,824 $3,690,471 $4,388,341
$872,763 $28,166,978 $5,986,919
$122,214,028 $70,439,747 $12,481,664
$642,321 $84,486,235
$1,114,570 $12,138,839
$8,387,864 $2,255,335 $1,097,293
$13,641,934

$327,363 $480,015
$6,766,403 $25,932,579 $45,403,996 $22,070,141
$4,724,714
$22,260,401 $736,500
$8,386,291 $62,742,433 $303,436,442
$4,202,562 $2,974,529 $5,718,669 $4,585,239 $4,521,415 $39,026,473 $8,948,962
$137,260,255 $166,849,412
$16,290,206 $10,518,430 $236,147,418 $13,369,618 $12,266,720 $10,435,181 $2,651,006 $86,566,989
$35,623,956
Fund Amount $2,584,388,446 $1,021,916,899
$5,620,244 $168,558,399 $1,388,293,957 $44,766,104 $1,343,527,853

THURSDAY, MARCH 25, 2004

2861

The Department of Human Resources is authorized to calculate all Temporary Assistance for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group 1 2 3 4 5 6 7 8 9 10 11

Standards of Need $235 356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount $155 235 280 330 378 410 444 470 496 530 568

Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem and Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.

Section 17 Department of Industry, Trade and Tourism

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts

Total Funds $12,471,622
$1,206,674 $564,656 $15,597 $376,336 $793,884 $416,120 $30,000 $564,673

2862

JOURNAL OF THE HOUSE

Local Welcome Center Contracts Marketing
Programs Communication, Policy, and Research
Development Departmental Administration/Overhead Export Assistance/Statewide Outreach Film, Music, and Video International Protocol International Trade Development and
Special Projects Office of Science and Technology
Business Development Product Development Recruitment, Expansion, and Retention Regional Existing
Business/Entrepreneurial Development Tourism Marketing and Promotion Tourism Sales
Fund Allocations Total Funds State Funds State General Funds
Section 18 Department of Insurance
Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees
Programs Departmental Administration/Overhead Enforcement Fire Safety

State Funds $1,110,402 $0 $1,292,489 $1,126,713 $203,921 $1,622,825 $2,191,901 $1,142,921 $5,251,148 $2,486,750 $8,465,043 $3,031,005
State Funds $0
$907,887 $5,426,382

$238,070 $11,247,486
Total Funds $1,110,402
$0 $1,292,489 $1,126,713
$203,921 $1,622,825
$2,191,901
$1,142,921 $5,251,148 $2,486,750
$8,465,043 $3,031,005
Fund Amount $27,925,118 $27,925,118 $27,925,118
Total Funds $14,499,530
$702,947 $383,030 $80,176 $20,000 $223,000 $622,028 $353,700
$86,042
Total Funds $0
$907,887 $6,462,882

THURSDAY, MARCH 25, 2004

Industrical Loan Insurance Regulation Special Fraud
Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State General Funds
Section 19 Department of Juvenile Justice
Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Utilities Service Benefits For Children Children And Youth Grants Juvenile Justice Grants Institutional Repairs and Maintenance
Programs Children and Youth Coordinating Council Community Supervision Departmental Administration/Overhead Non-secure Commitment Non-secure Detention Secure Commitment Long-Term Youth
Development Centers Secure Detention Secure Short-Term Youth Development
Centers

$600,253 $5,951,558 $3,047,873
State Funds $789,421
$37,723,767 $0
$47,711,415 $10,265,600 $60,859,620 $86,667,194 $26,594,393

2863
$600,253 $5,951,558 $3,047,873
Fund Amount $16,970,453 $954,555 $81,945 $15,933,953 $15,933,953
Total Funds $162,870,100
$14,395,382 $2,152,292
$259,143 $770,347 $3,563,120 $4,194,319 $2,306,552 $4,199,522 $5,799,028 $3,393,453 $85,163,238 $200,000 $1,532,150 $360,000
Total Funds $2,527,421
$42,022,055 $0
$57,368,958 $10,265,600 $62,825,794
$88,259,727 $27,889,091

2864

JOURNAL OF THE HOUSE

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State General Funds
Section 20 Department of Labor
Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Capital Outlay Contracts Purchase of Service Contracts Special Purpose Contracts Case Services Payments to State Treasury WIA Contracts
Programs Business Enterprise Program Commission on Women Departmental Administration/Overhead Disability Adjudication Section Georgia Industries for the Blind Labor Market Information Roosevelt Warm Springs Institute Safety Inspections Unemployment Insurance Vocational Rehabilitation Program Workforce Development
Fund Allocations Total Funds Federal Funds

State Funds $357,698 $93,172 $0 $0 $730,008 $749,253
$6,979,705 $3,168,963 $10,512,532 $18,713,652 $7,859,377

Fund Amount $291,158,646 $2,570,056 $17,977,180 $270,611,410 $270,611,410
Total Funds $177,853,424
$21,436,426 $3,485,274
$73,953 $1,652,099 $5,283,383 $8,852,816 $4,864,053 $9,902,404
$255,000 $5,913,568 $12,181,087 $1,114,663 $41,304,191 $1,287,478 $54,500,000
Total Funds $1,674,047 $93,172 $0
$56,126,429 $11,829,383
$3,320,498 $31,073,365
$3,168,963 $52,264,722 $87,003,341 $103,405,899
Fund Amount $349,959,819 $257,761,240

THURSDAY, MARCH 25, 2004

2865

Intra-State Agency Funding Non-State Funds State Funds State General Funds

$150,000 $42,884,219 $49,164,360 $49,164,360

Provided, from funds known as Reed Act funds credited to and held in this state's account in the Unemployment Trust Fund by the United States Secretary of the Treasury pursuant to the "Job Creating and Worker Assistance Act of 2002" (P.L. 107-147) and Section 903(d) of the Social Security Act, as amended, $49,339,507 is designated for administration of the unemployment compensation law and public employment offices, including workforce information service delivery, technology, resources, and equipment to support employment, workforce staff training, studies and reports, buildings, fixtures, furnishings, and supplies. The amount hereby appropriated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, and shall be obligated and expended in accordance with Section 903 (d) (4) of the Social Security Act.

Provided further, that no funds shall be expended until approved by the Office of Planning and Budget.

Section 21 Department of Law

Objects of Expenditure Personal Services Regular Operating Expenses Travel Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees

Total Funds $13,625,901
$705,564 $181,781 $299,269 $831,689 $155,913 $19,350,000

Programs Law

State Funds $13,354,529

Total Funds $35,150,117

Fund Allocations Total Funds Non-State Funds State Funds State General Funds

Fund Amount $35,150,117 $21,795,588 $13,354,529 $13,354,529

Section 22 State Merit System of Personnel Administration

2866

JOURNAL OF THE HOUSE

Objects of Expenditure Personal Services Regular Operating Expenses Travel Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Payments to State Treasury

Total Funds $8,630,409 $714,385 $133,213 $1,627,172 $697,128 $173,863 $196,697 $702,053 $841,601

Programs Departmental Administration/Overhead Recruitment and Staffing Services Total Compensation and Rewards Workforce Development and Alignment

State Funds $0 $0 $0 $0

Total Funds $0
$1,771,037 $7,451,480 $4,494,004

Fund Allocations Total Funds Non-State Funds State Funds State General Funds

Fund Amount $13,716,521 $13,716,521 $0 $0

The Department is authorized to assess no more that $147.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year.

Section 23 Department of Motor Vehicle Safety

Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Postage State Patrol Posts Repairs and
Maintenance

Total Funds $55,512,193
$6,980,949 $480,435
$1,327,223 $338,032
$12,461,537 $2,730,422 $2,520,810 $329,835 $1,315,346 $750,000 $(18,827)

THURSDAY, MARCH 25, 2004

Conviction Reports Driver License Processing

Programs Commercial Vehicle and HOV
Enforcement Departmental Administration/Overhead License Issuance Motorcycle Safety Salvage Inspection Tag and Title Registration

State Funds $11,641,711
$0 $40,184,543
$0 $2,043,375 $23,843,408

Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds State General Funds

Section 24 Department of Natural Resources

Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Capital Outlay Contracts Materials For Resale Advertising And Promotion Cost Of Material For Resale Capital Outlay New Construction Capital Outlay Repairs And Maintenance Capital Outlay Wildlife Management and
Area Land Grants-Land and Water Conservation Georgia Heritage 2000 Grants

2867
$348,651 $2,990,324
Total Funds $18,973,729
$0 $41,561,100
$0 $2,043,375 $25,488,726
Fund Amount $88,066,930 $1,196,995 $1,960,000 $7,196,898 $77,713,037 $77,713,037
Total Funds $90,063,212 $17,870,433
$902,916 $310,000 $1,271,830 $642,000 $3,474,399 $1,484,831 $1,688,636 $67,711 $7,043,120
$80,000 $689,910 $1,293,300 $635,734 $3,379,750 $982,330
$800,000 $129,276

2868

JOURNAL OF THE HOUSE

Contracts-Hazardous Waste Trust Fund Contracts-Solid Waste Trust Fund Contracts-Payments to McIntosh County Contracts-Payments to Baker County Contracts-Payments to Calhoun County

$6,095,077 $50,000
$100,000 $31,000 $24,000

Programs Agricultural Exposition Authority,
Georgia Agrirama Development Authority,
Georgia Civil War Commission Coastal Resources Departmental Administration/Overhead Environmental Protection Georgia State Games Commission Historic Preservation Land Conservation Parks, Recreation and Historic Sites Pollution Prevention Assistance Southwest Georgia Railroad Excursion
Authority Wildlife Resources

State Funds $1,618,067
$827,578
$0 $2,153,495
$0 $39,390,057
$35,000 $1,867,520
$325,073 $19,431,288
$263,894 $383,687
$30,876,945

Total Funds $6,419,625
$1,253,605
$0 $2,324,357
$0 $49,594,213
$358,349 $2,357,520
$325,073 $39,023,077
$367,807 $704,657
$36,381,182

Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds State General Funds

Fund Amount $139,109,465 $10,040,193 $200,000 $31,696,668 $97,172,604 $97,172,604

Provided, that to the extent of the State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation, and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from state parks parking pass implemented by the Department.

Section 25 State Board of Pardons and Paroles

THURSDAY, MARCH 25, 2004

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Health Services Purchases County Jail Subsidy
Programs Clemency Decisions Departmental Administration/Overhead Parole Supervision
Fund Allocations Total Funds Federal Funds State Funds State General Funds
Section 26 Department of Public Safety
Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Capital Outlay Contracts Public Safety Training Center Peace Officer Standards Training Council Firefighters Training and Standards
Council Office of Highway Safety

State Funds $11,615,762
$0 $34,039,133

2869
Total Funds $37,537,574
$1,333,825 $331,800 $291,500 $591,200
$2,764,792 $1,002,721
$423,304 $1,232,829
$20,000 $617,500
Total Funds $11,615,762
$0 $34,531,283
Fund Amount $46,147,045 $492,150 $45,654,895 $45,654,895
Total Funds $62,111,348
$7,828,676 $78,755
$3,322,439 $315,246 $632,636 $92,809
$1,721,750 $249,027 $316,237 $310,905
$13,743,223 $1,407,010
$467,533
$3,808,242

2870

JOURNAL OF THE HOUSE

Programs Aviation Capitol Police Services Departmental Administration/Overhead Excess Property Executive Security Services Field Offices and Services Firefighter Standards and Training
Council, Georgia Highway Safety, Office of Multi Jurisdictional Task Forces Peace Officer Standards and Training
Council, Georgia Public Safety Training Center, Georgia Specialized Collision Reconstruction
Team Troop J Specialty Units
Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds State General Funds
Section 27 Public Service Commission
Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts
Programs Departmental Administration/Overhead Facilities Protection Georgia No Call

State Funds $2,767,028 $0 $0 $0 $1,306,158
$64,032,257 $547,167 $521,493 $0
$1,357,010 $11,725,190
$2,597,320 $2,542,741
State Funds $82,423
$565,170 $0

Total Funds $2,796,277 $3,151,435 $0 $0 $1,319,615
$64,912,888 $547,167
$3,766,720 $0
$1,357,010
$13,359,238 $2,624,083
$2,571,403
Fund Amount $96,405,836 $3,245,227 $985,243 $4,779,002 $87,396,364 $87,396,364
Total Funds $6,653,910 $247,306 $86,876 $15,300 $208,791 $501,964 $113,567 $1,026,105 $27,611
Total Funds $82,423 $838,481 $0

THURSDAY, MARCH 25, 2004

Utilities Regulation

$7,960,526

Fund Allocations Total Funds Federal Funds State Funds State General Funds

Section 28 Boards of Regents, University System of Georgia

Objects of Expenditure Capital Outlay SREB Payments Georgia Medical College Health, INC. Personal Services- General and
Departmental Personal Services- Sponsored Operating Expenses- General and
Departmental Operating Expenses- Sponsored Forestry Research Special Funding Initiative Student Education Enrichment Program Office of Minority Business Enterprises Research Consortium Agriculture Research ATDC/Economic Development Institute Center for Assistive Technology Rent to the Georgia Military College Payment to the Georgia Public
Telecommunications C Public Libraries

Programs Georgia Military College Public Service Public Telecommunications Commission,
Georgia Research Research Consortium Teaching

State Funds $2,344,723
$102,396,862 $17,503,442
$164,674,525 $26,849,808
$1,391,766,432

2871
$7,960,526
Fund Amount $8,881,430 $273,311 $8,608,119 $8,608,119
Total Funds $95,063,332
$814,787 $31,509,683 $1,788,900,855
$579,300,511 $448,000,883
$796,433,071 $908,039
$26,719,706 $310,421 $934,374
$26,849,808 $2,496,155
$23,909,767 $7,540,629 $1,622,090
$17,503,442
$32,987,470
Total Funds $2,344,723
$254,928,748 $17,503,442
$384,580,110 $26,849,808
$3,195,598,192

2872

JOURNAL OF THE HOUSE

Fund Allocations Total Funds Intra-State Agency Funding Non-State Funds State Funds Tobacco Funds State General Funds
Section 29 Department of Revenue
Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Tax Officials/Retirement and
FICA Investment For Modernization Homeowner Tax Relief Grants
Programs Customer Service Departmental Administration/Overhead Grants and Distribution Industry Regulation Revenue Processing State Board of Equalization Tax Compliance
Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds Tobacco Funds State General Funds

State Funds $4,568,625 $0
$387,559,455 $3,662,472
$31,791,658 $5,000
$34,452,371

Fund Amount $3,881,805,023
$3,583,000 $2,172,686,231 $1,705,535,792
$6,243,177 $1,699,292,615
Total Funds $56,027,997
$6,796,238 $1,077,071
$49,980 $173,684 $12,914,676 $6,785,736 $1,247,830 $606,992 $1,223,613 $3,785,079
$17,785,550 $380,000,000
Total Funds $6,945,544 $0
$387,915,166 $4,351,812
$45,411,776 $5,000
$43,845,148
Fund Amount $488,474,446 $178,417 $2,545,000 $23,711,448 $462,039,581 $150,000 $461,889,581

THURSDAY, MARCH 25, 2004

2873

For purposes of homeowner tax relief grants to counties and local school districts, the calculation of the eligible assessed value of each qualified homestead in the state shall be limited to the amount of tax relief appropriated.

Section 30 Secretary of State

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Election Expenses

Total Funds $19,978,661
$4,566,432 $412,621 $65,535
$3,269,283 $4,495,252 $1,005,073
$407,346 $1,396,804
$364,335

Programs Administration Archive and Records Business Services - Corporations Business Services - Securities Capitol Education Center Departmental Administration/Overhead Election and Campaign Disclosure Georgia Commission on the Holocaust Georgia Drugs and Narcotics Agency Professional Licensing Boards Real Estate Commission State Ethics Commission

State Funds $4,623,322 $6,621,005 $1,102,649 $1,877,238 $0 $0 $6,436,884 $246,093 $1,229,803 $8,797,669 $2,690,022 $1,121,672

Total Funds $4,653,322 $6,696,005 $1,841,999 $2,077,873 $0 $0 $6,456,884 $246,093 $1,229,803 $8,947,669 $2,690,022 $1,121,672

Fund Allocations Total Funds Governor's Emergency Funds Non-State Funds State Funds State General Funds

Fund Amount $35,961,342 $0 $1,214,985 $34,746,357 $34,746,357

There is included in the Real Estate Rentals object class for the Secretary of State funding for a rental agreement with the Development Authority of Clayton County for the Department of Archives and History.

2874

JOURNAL OF THE HOUSE

Section 31 Soil and Water Conservation Commission

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts

Programs Conservation of Agricultural Water
Supplies Conservation of Soil and Water Resources Departmental Administration/Overhead Water Resources and Land Use Planning Watershed Flood Control Unit

State Funds $390,140
$1,541,478 $0
$1,105,639 $45,900

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State General Funds

Section 32 Student Finance Commission

A: Budget Unit Student Finance Commission

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Contracts Governor's Scholarships Guaranteed Educational Loans

Total Funds $1,868,355 $1,093,006 $42,321 $19,944 $11,205 $121,425 $39,554 $121,660 $2,107,629
Total Funds $2,091,677
$2,114,883 $0
$1,172,639 $45,900
Fund Amount $5,425,099 $476,405 $1,865,537 $3,083,157 $3,083,157
Total Funds $517,995 $17,915 $20,000 $8,300 $6,000 $40,015 $8,996 $31,802
$2,530,150 $3,477,477

THURSDAY, MARCH 25, 2004

Tuition Equalization Grants Law Enforcement Personnel Dependents'
Grants North Georgia College ROTC Grants Georgia Military/North Georgia Military
Transfer S North Georgia College and State
University Militar Leveraging Educational Assistance
Partnership Prog
Programs Departmental Administration/Overhead Grants - Unit A Loans - Unit A Nonpublic Postsecondary Educ
Commission Scholarships - Unit A
Fund Allocations Total Funds Federal Funds State Funds State General Funds
B: Budget Unit Lottery for Education
Objects of Expenditure Personal Services Regular Operating Expenses Travel Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Law Enforcement Personnel Dependents'
Grants Georgia Military/North Georgia Military
Transfer S HOPE Financial Aid - Tuition HOPE Financial Aid - Books HOPE Financial Aid - Fees HOPE Scholarships - Private Colleges

State Funds $0
$30,280,999 $4,161,428 $651,023
$2,530,150

2875
$28,820,424 $61,339
$432,479 $505,584
$178,367
$1,487,410
Total Funds $0
$30,801,652 $4,161,428 $651,023
$2,530,150
Fund Amount $38,144,253 $520,653 $37,623,600 $37,623,600
Total Funds
$394,390 $38,361 $1,798,990 $148,354 $92,148 $297,630 $255,850
$770,477
$310,489,060 $55,896,225 $70,657,003 $45,388,740

2876

JOURNAL OF THE HOUSE

Teacher Scholarships Promise Scholarships Promise II Scholarships Engineer Scholarships
Programs Grants - Unit B Loans - Unit B Scholarships - Unit B
Fund Allocations Total Funds State Funds Lottery Funds State General Funds
Section 33 Teachers' Retirement System
Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Postage Floor Fund, Local System Retirees COLA, Local System Retirees
Programs Departmental Administration/Overhead Employer Services Investment Services Loca/Floor COLA Member Services Retirement Services
Fund Allocations Total Funds Non-State Funds State Funds

State Funds $115,367,679
$14,039,069 $371,237,030
State Funds $0 $0 $0
$2,138,000 $0 $0

$5,332,698 $5,855,278
$374,590 $760,000
Total Funds $115,367,679 $14,039,069 $371,237,030
Fund Amount $500,643,778 $500,643,778 $500,643,778 $0
Total Funds $12,701,449
$564,345 $76,500 $25,000 $5,910,000 $723,975 $270,000 $493,000 $220,000 $88,000 $2,050,000
Total Funds $0
$4,318,905 $6,627,417 $2,138,000 $7,740,606 $2,297,341
Fund Amount $23,122,269 $20,984,269 $2,138,000

THURSDAY, MARCH 25, 2004

2877

State General Funds

$2,138,000

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.24% for S.F.Y. 2005.

Section 34 Department of Technical and Adult Education

A: Budget Unit Department of Technical and Adult Education

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Personal Services - Institutions Operating Expenses - Institutions Area School Program Adult Literacy Grants Regents Program Quick Start Program

Total Funds $6,101,294 $316,985 $125,510 $12,886 $327,695 $586,463 $115,980 $121,671 $164,110
$263,274,684 $62,790,179
$5,827,069 $18,873,343
$3,333,074 $12,307,232

Programs Adult Literacy Departmental Administration/Overhead Economic Development Technical Education

State Funds $12,019,222
$0 $12,562,380 $273,949,456

Total Funds $20,161,661
$0 $15,167,207 $338,949,307

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State General Funds

Fund Amount $374,278,175 $19,814,459 $55,932,658 $298,531,058 $298,531,058

Section 35 Department of Transportation

Objects of Expenditure Personal Services

Total Funds $262,011,283

2878

JOURNAL OF THE HOUSE

Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Capital Outlay Contracts Capital Outlay Airport Aid Program Mass Transit Grants Harbor Maintenance/Intra-Coastal
Waterways Mainten Guaranteed Revenue Debt Common
Reserve Fund Payments to the State Road and Toll
Authority
Motor Fuel Funds
Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Capital Outlay Contracts Guaranteed Revenue Debt Common
Reserve Fund Payments to the State Road and Toll
Authority
Programs Construct and Improve the State Highway
System - MFT Data Collection, Compliance and
Reporting - MFT

State Funds $336,473,351
$2,607,046

$79,533,638 $2,102,945 $1,927,750 $5,591,954 $11,850,593 $1,830,782 $4,924,470 $7,362,438 $1,126,700,618 $46,540,274 $3,507,783 $16,964,558
$721,355
$25,893,450
$77,667,665
Total Funds $258,590,258
$78,748,176 $2,047,653 $1,927,750 $5,569,230 $11,796,721 $1,799,429 $4,878,307 $7,249,215 $1,126,677,058 $45,842,938 $25,893,450
$77,667,665
Total Funds $1,094,967,986
$6,535,550

THURSDAY, MARCH 25, 2004

Local Road Assistance - MFT Maintain State Highway System - MFT Operate State Highway System - MFT
Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State Motor Fuel State General Funds
State General Funds
Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Capital Outlay Contracts Capital Outlay Airport Aid Program Mass Transit Grants Harbor Maintenance/Intra-Coastal
Waterways Mainten
Programs Air Transportation - SGF Aviation - SGF Departmental Administration/Overhead Ports and Waterways - SGF Rail - SGF Rail Passenger Authority Transit - SGF
Fund Allocations Total Funds Federal Funds Non-State Funds

$84,555,550 $193,609,214
$28,909,839
State Funds $1,299,284 $3,881,330 $0 $959,067 $405,629 $0 $5,103,308

2879
$154,501,532 $333,994,249 $58,688,533
Fund Amount $1,648,687,850
$995,012,242 $7,520,608
$646,155,000 $646,155,000
$0
Total Funds $3,421,025 $785,462 $55,292 $22,724 $53,872 $31,353 $46,163 $113,223 $23,560 $697,336 $3,507,783
$16,964,558 $721,355
Total Funds $2,018,884 $4,263,637 $0 $1,117,937 $594,573 $0
$18,448,675
Fund Amount $26,443,706 $12,858,431 $1,936,657

2880

JOURNAL OF THE HOUSE

State Funds State General Funds

$11,648,618 $11,648,618

For this general appropriation act, it is the intent of this General Assembly that the following provisions apply:

A.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.

B.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.

C.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal Aid.

D.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Funds appropriated in this Section of this Bill, in the event such collections, less refunds, rebates, and collection costs, exceed such Motor Fuel Tax Appropriation.

E.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.

F.) Bus rental income may be retained to operate, maintain, and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.

In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b) (1), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.

It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general

THURSDAY, MARCH 25, 2004

2881

obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing of the State's special need for appropriation.

Provided further, that from the amount equal to all money derived from motor fuel taxes for the proceeding fiscal year, there is appropriated the sum $26,155,000 for payments into the "State of Georgia Guaranteed Revenue Debt Common Reserve Fund". The purpose of this appropriation is to authorize the guarantee by the State of an issue of revenue obligations of the State Road and Tollway Authority for the construction and improvements to roads and bridges including related planning, engineering, and land acquisition expenses. The maximum principal amount of the specific issue shall not exceed $331,000,000; the amount of the highest debt service shall not exceed the amount of this appropriation; and the maximum maturities of the issue shall not exceed the amount of this appropriation; and the maximum maturities of the issue shall not exceed two hundred forty months. The General Assembly has determined that the obligations of the issue will be self-liquidating over the life of the issue.

Section 36 Department of Veterans Service

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Operating Expense/Payments to Medical
College Of Regular Operating Expenses For Projects
and Insura

Total Funds $5,578,059 $378,962 $136,200 $100,822 $5,000 $223,033 $89,304 $20,612
$17,617,375 $7,541,980
$194,395

Programs Augusta Nursing Home Departmental Administration/Overhead Georgia Veterans Memorial Cemetery Milledgeville Nursing Home Veterans Benefits

State Funds $4,561,388 $0 $304,657
$10,268,082 $6,018,930

Total Funds $7,541,980 $0 $304,657
$17,617,375 $6,421,730

Fund Allocations Total Funds Federal Funds

Fund Amount $31,885,742 $10,732,685

2882

JOURNAL OF THE HOUSE

State Funds State General Funds

$21,153,057 $21,153,057

Section 37 State Board of Workers' Compensation

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Payments to State Treasury

Total Funds $10,015,026
$470,115 $140,600 $44,048 $334,329 $1,296,009 $176,744 $183,100 $2,514,787

Programs Departmental Administration/Overhead Dispute Resolution Enforcement Licensure and Quality Assurance Rehabilitation Management

State Funds $0
$10,587,076 $1,677,248 $1,640,506 $905,928

Total Funds $0
$10,834,596 $1,720,928 $1,691,466 $927,768

Fund Allocations Total Funds Non-State Funds State Funds State General Funds

Fund Amount $15,174,758 $364,000 $14,810,758 $14,810,758

Section 38 State of Georgia General Obligation Debt Sinking Fund

A: Budget Unit New Bonds

Objects of Expenditure General Obligation Bonds

Total Funds $81,651,663

Programs GO Debt Sinking Fund - -New

State Funds $81,651,663

Total Funds $81,651,663

Fund Allocations Total Funds State Funds State General Funds

Fund Amount $81,651,663 $81,651,663 $81,651,663

THURSDAY, MARCH 25, 2004

2883

B: Budget Unit Issued Bonds
Objects of Expenditure General Obligation Bonds
Programs GO Debt Sinking Fund - -Issued
Fund Allocations Total Funds State Funds State Motor Fuel State General Funds
Description
Regents-Classroom addition at Bainbridge College
Corrections- Minor construction
Corrections- Environmental management systems
Corrections- Maintenance and renovation of security projects of various facilities
Corrections- Emergency roof repairs
Corrections- Underground water distribution loop replacement at Augusta State Medical Prison, Coastal State Prison, Rodgers State Prison, and Burruss Transition Center
Corrections- Refurbish and expand the wastewater treatment plant at Georgia Diagnostic and Classification Prison in Jackson

Total Funds $838,037,893

State Funds $838,037,893

Total Funds $838,037,893

Fund Amount $838,037,893 $838,037,893 $75,000,000 $763,037,893

Principal Amount $1,035,000

Debt Service $90,045

Years 20

$3,000,000

$678,000

5

$500,000

$113,000

5

$400,000

$34,800

20

$450,000

$39,150

20

$1,200,000

$104,400

20

$470,000

$40,890

20

2884

JOURNAL OF THE HOUSE

Corrections- Major roof repair projects

$1,300,000

$113,100

20

Defense-Renovations at various Armories

$2,000,000

$174,000

20

Regents-Design and construct a

$26,590,000

$2,313,330

20

Social Science Building for

Kennesaw State University

Regents-Design and construction to

$4,790,000

$416,730

20

renovate classroom space and the

Physical Education Building for

Coastal Georgia Community

College

Regents-Construction to renovate

$4,635,000

$403,245

20

Wheatley Hall for Georgia

Southwestern State University

Regents-Design and construct

$3,950,000

$343,650

20

facility infrastructure

improvements for Floyd College

Regents-Design and construct an

$3,800,000

$330,600

20

electrical system upgrade for the

Clarkston campus of Georgia

Perimeter College

Regents-Design and construction to

$3,600,000

$313,200

20

renovate the Administration

Building for Clayton College and

State University

Regents-East Coweta County Public Library

$2,000,000

$174,000

20

Academic services building at Darton College

$4,845,000

$421,515

20

Design the expansion of the Crisp County Campus

$172,000

$14,964

20

THURSDAY, MARCH 25, 2004

DTAE-Construct and equip a classroom building at Heart of Georgia Technical College
DTAE-Design of a classroom building at Atlanta Technical College
DTAE-Predesign of a classroom building at Lanier Technical College Forsyth County Campus
DTAE-Predesign of an allied health and technology building at North Metro Technical College
Planning and design of the Success and Retention Center at Gordon College
New Academic Building at Georgia Miliary College
Regents-Construction of the Animal Health Research Center for the University of Georgia
Regents-Initiation of pre-design, design, and construction of an Advanced Clean Room Facility for Georgia Institute of Technology
Regents-Construct the Performing and Visual Arts Center (Phase II) for the University of Georgia
Education-Growth funding for local school construction
DHR- Replace food service equipment at Southwestern Regional Hospital in Thomasville

$1,000,000 $100,000 $155,000 $155,000 $277,000
$4,200,000 $10,000,000
$2,000,000
$35,050,000 $45,635,000
$360,000

$87,000 $8,700 $13,485 $13,485 $24,099 $365,400 $870,000 $174,000
$3,049,350 $3,970,245
$81,360

2885 20 20 20 20 20 20 20 20
20 20 5

2886

JOURNAL OF THE HOUSE

DHR- Replace kitchen equipment

$165,000

$37,290

5

at Atlanta Regional

Hospital

Ports Authority- Container Berth 8

$28,200,000

$2,453,400

20

and support equipment

GEFA- Match funds for drinking

$3,500,000

$304,500

20

water construction loan program

DTAE- Predesign and design of Allied Health Building at Southwest Georgia Technical College.

$860,000

$74,820

20

Ports Authority- Upgrade/overlay

$6,500,000

$565,000

20

storage areas and Tomochichi

Road straightening for the

Georgia Ports Authority.

DTAE- Design and construct a

$16,638,000

$1,447,506

20

Classroom Building for Valdosta

Technical College.

DOT- For State Aid Maintenance

$20,000,000

$4,520,000

5

Assistance (SAMA)

Ports Authority- Deepening of the

$14,400,000

$1,252,800

20

Brunswick Harbor

DOT- GRIP and other transportation projects.

$100,000,000

$8,700,000

20

DOT- Aviation improvements

$1,700,000

$384,200

5

DTAE-Predesign construction at Lanier Technical College Gainesville Campus

$155,000

$13,485

20

Corrections- Asbestos abatement

$500,000

$113,000

5

program

THURSDAY, MARCH 25, 2004

Corrections- Fire alarm certification and maintenance
Veterans Service- Smoke dampers and air handling unit upgrades at the Georgia War Veterans Home in Milledgeville
Veterans Service- Elevator controls and compliance upgrades at the Georgia War Veterans Home in Milledgeville and Augusta
DHR- Replace the paging system at West Central Regional Hospital in Columbus
DHR- Upgrade the generators at Buildings 1 and 18 at West Central Regional Hospital in Columbus
DHR- For Phase 2 and 3 of the steam plant upgrade at Central State Hospital in Milledgeville
DHR- Replace fire alarm systems in 3 buildings at Central State Hospital in Milledgeville
Juvenile Justice- Construction and equipment for the Mental Health and Medical Building at the Augusta YDC.
Juvenile Justice- Minor construction and renovations at various facilities
DHR- Replace HVAC duct work in Building 3 at Augusta Regional Hospital

$400,000 $250,000 $350,000 $120,000 $185,000 $1,305,000 $785,000 $2,730,000 $2,000,000 $125,000

$90,400 $21,750 $30,450 $10,440 $16,095 $113,535 $68,295 $237,510 $452,000 $10,875

2887 5
20
20
20 20
20 20 20
5 20

2888

JOURNAL OF THE HOUSE

DHR- Underground condensate return piping at Northwest Regional Hospital in Rome

$290,000

$25,230

20

DHR- Replace 6 inch natural gas main piping at Northwest Regional Hospital in Rome

$90,000

$7,830

20

Corrections- Upgrade perimeter

$400,000

$90,400

5

detection systems at close security

facilities

DHR- Vital water system

$470,000

$40,890

20

upgradesat Central State Hospital

in Milledgeville

DHR- Ongoing facility roof

$1,345,000

$117,015

20

replacement program at Central

State Hospital in Milledgeville

Regents-Design and construction to

$4,975,000

$432,825

20

renovate Drew-Griffith Hall for

Savannah State University

DTAE- Purchase equipment for the

$1,860,000

$420,360

5

following projects scheduled for

completion in 2004: Moultrie

Tech, Tift County Campus;

Savannah Tech, Effingham

County Campus; North Georgia

Tech, Visual Communications

Building and Transportation

Center

DTAE- Replace equipment statewide.

$10,000,000

$2,260,000

5

DTAE- Major repairs and renovations statewide.

$7,500,000

$1,695,000

5

DNR- Repairs and maintenance at

$500,000

$113,500

5

North Georgia's lodges

THURSDAY, MARCH 25, 2004

Forestry Commission- Purchase Various firefighting equipment and vehicles
DNR-Repairs and maintenance to state parks
GEFA- Match funds for clean water construction loan program
GEFA- Provide low interest loans for local water and sewer construction projects
DHR- Replace kitchen equipment at Gracewood State School and Hospital at Augusta
DHR- Replace laundry equipment in Building 83 at Gracewood State School and Hospital at Augusta
GBA- Maintenance and repair funds
Education-Deferred funding from FY 2004 for local school construction
Education-Regular funding for local school construction
Education-Regular advance funding for local school construction
Education-Purchase vocational and agricultural equipment and 2 wheelchair lifts.
Education-State schools capital improvements

$4,000,000 $2,250,000 $4,500,000 $12,000,000
$105,000 $280,000
$22,910,000 $24,095,000 $69,175,000 $23,015,000 $13,205,000
$995,000

$904,000 $510,750 $391,500 $1,044,000
$23,730 $63,280
$1,993,170 $2,096,265 $6,018,225 $2,002,305 $2,984,330
$224,870

2889 5 5
20 20 5 5
20 20 20 20
5 5

2890

JOURNAL OF THE HOUSE

Regents-Design and construct a Student Center for Georgia Perimeter College.

$7,190,000

$625,530

20

Regents-Design, construct, and

$16,325,000

$1,420,275

20

equip campus loop utilities for

Middle Georgia College

Regents- Campus-wide replacement

$4,200,000

$365,400

20

of HVAC equipment for

Gainesville College

Regents-Design and construct

$4,400,000

$382,800

20

campus-wide storm and sanitary

sewer improvements for Augusta

State University

Regents-Major repairs and rehabilitation

$55,000,000

$4,785,000

20

Regents-Traditional Industries Program research equipment

$900,000

$78,300

20

Regents-Student center expansion

$4,850,000

$421,950

20

and renovation at East Georgia

College.

Regents-Georgia Research Alliance

$19,300,000

$4,361,800

5

FY 2005 Research and

Development infrastructure

(HOUSE:$19,700,000)

DTAE- Purchase additional

$10,000,000

$2,260,000

5

equipment for the following

previously funded projects:

Athens Tech, Technology

Building; Appalachian Tech,

Technology Building;

Northwestern Tech, Allied Health

Building; Chattahoochee Tech,

Classroom Building; Southwest

Georgia

THURSDAY, MARCH 25, 2004

Revenue- Purchase mail handling equipment
Agriculture- Predesign and design a fuel oil laboratory
Corrections- Bed space expansion (SEN:$12,000,000)
Corrections- Central repairs
Veterans Service- Design, construction, and equipment of a Food Production Kitchen at the Georgia War Veterans Home in Milledgeville
DHR- Add a classroom and additional bathroom facilities to the Outdoor Therapeutic Program in Warm Springs.
DHR- Design and construct a Kitchen/Dining Hall at the Outdoor Therapeutic Program in Cleveland
DHR- Reroof buildings (Phase 1 of 3) at Savannah Regional Hospital
DHR- Generator upgrades at Atlanta Regional Hospital
DHR- Replace the roof on Building 414 at Southwestern Regional Hospital in Thomasville.
DHR- Replace the underground sewer system at Gracewood State School and Hospital at Augusta

$425,000 $150,000 $23,000,000 $3,105,000 $385,000
$65,000
$360,000
$975,000 $1,920,000
$245,000 $3,220,000

$96,050 $33,900 $1,044,000 $701,730 $33,495
$5,655
$31,320
$84,825 $167,040
$21,315 $280,140

2891 5 5
20 5
20
20
20
20 20 20 20

2892

JOURNAL OF THE HOUSE

DHR- Clean HVAC duct work in 8

$210,000

$18,270

20

buildings at Augusta Regional

Hospital

DHR- Refurbish or replace transclosures at West Central Regional Hospital in Columbus

$70,000

$6,090

20

DHR- Refurbish or replace step down transformers at West Central Regional Hospital in Columbus

$615,000

$53,505

20

DHR- Repair water distribution

$115,000

$10,005

20

system valves and fire hydrants at

Northwest Regional Hospital in

Rome

DHR- Replace direct burial primary

$1,010,000

$87,870

20

electrical cables at Northwest

Regional Hospital in Rome

DHR- Electrical code compliance at

$500,000

$43,500

20

Central State Hospital in

Milledgeville

Juvenile Justice- Construction and

$2,700,000

$234,900

20

equipment for the Muscogee

YDC/RYDC

Juvenile Justice- Major repairs and

$4,000,000

$904,000

5

maintenance at various facilities.

Regents-Construct an academic

$5,000,000

$435,000

20

instructional facility at Gwinnett

University Center

Regents-construct a new Science

$5,000,000

$435,000

20

Building at South Georgia

College

THURSDAY, MARCH 25, 2004

Regents-Infrastructure improvements on local land gift to State University of West Georgia
Regents-Renovation of Hill Hall at Savannah State
DTAE-Construction for Coosa Valley Technical College
DTAE-Augusta Technical CollegeColumbia County Campus
DTAE-Classroom building at Savannah Technical College Effingham County Campus
DTAE-Planning for Cherokee County Campus of Appalachian Technical College
Veterans Service-Predesign of Veterans Cemetary in Glennville Reimbursable
Regents-Forsyth County Public Library

$5,000,000
$750,000 $11,000,000
$4,620,000 $1,900,000
$207,000 $300,000 $5,000,000

$435,000
$65,250 $957,000 $401,940 $165,300
$18,009 $26,100 $435,000

Regents-Fine Arts Building (Phase III) at Georgia Southern University
DTAE-Property acquisition for Savannah Technical College, Crossroads Campus
Improvements to Glennville, Dalton, Oakwood Biosecure Vet Lab Facilities

$5,000,000 $1,150,000
$140,000

$435,000 $100,050
$31,780

2893 20
20 20 20 20 20 20 20 20 20 5

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Section 40
To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 41
Each agency for which appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures by object class, which is the legal level of budgetary control contemplated in this Appropriations Act.
Section 42
In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refunds specifically authorized by law.
Section 43
No State appropriations authorized under this act shall be used to continue programs currently funded entirely with Federal funds.
Section 44
In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to

THURSDAY, MARCH 25, 2004

2895

each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended or appropriated for the state fiscal year addressed within this act. If for any reason any of the sums herein provided under any other provision of this act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 45.
(a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 2004 Regular Session, except provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object class without the prior approval of at least eleven members of the Fiscal Affairs Subcommittee in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.)(1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b)(2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.

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(b.)(3) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 46
Wherever in the Act the terms "Budget Unit Object Classes" or "Combined Object Classes for Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supercede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 47
There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which state funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 48 Salary Adjustments.
In addition to all other appropriations, there is hereby appropriated $206,520,359 for the following purposes:
1.) To provide a general salary adjustment of 2%, not to exceed $1,000, for employees of the Judicial, Legislative and Executive branches, excluding all elected officials, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2004.
2.) To provide for a 2% increase in the state base salary on the local teacher salary schedule of the State Board of Education. This proposed 2% salary improvement is in addition to the salary increases awarded to certificated personnel through normal progression on the teacher salary schedule of the State Board of Education. The amount of the appropriation for this purpose is calculated according to an effective date of September 1, 2004.

THURSDAY, MARCH 25, 2004

2897

3.) To provide for a 2% increase for local school bus drivers and lunchroom workers with the amount of the appropriation for this purpose calculated according to an effective date of July 1, 2004.
4.) In lieu of all other numbered items, to provide a 2% funding level for merit increases for Regents faculty and non-academic personnel, with the amount of the appropriation for this purpose calculated to commence with fall semester, 2004, for Regents faculty and calculated to commence October 1, 2004, for non-academic personnel. In lieu of all other numbered items, to provide a 2% salary increase for public librarians with the amount of the appropriation for this purpose calculated according to an effective date of September 1, 2004.
5.) In lieu of all other numbered items, to provide for a 2% salary increase for teachers with the Department of Technical and Adult Education with the amount of the appropriation for this purpose calculated according to an effective date of September 1, 2004, and to provide for a 2% salary increase for support personnel, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2004.
6.) In lieu of item 2 above, to provide for the addition of an L-6 longevity factor to the teacher salary schedule for Public School Teachers with 21 or more years of experience with the amount of the appropriation for this purpose calculated according to an effective date of September 1, 2004.
Section 49
Provided however, the final payroll date in State Fiscal Year 2005 for state employees and the affected employees of the Board of Regents shall be shifted from June 30, 2005 to July 1, 2005, effecting a reduction in State fund appropriations in the amount of $179,349,990.
Section 50
Provided however the Georgia Technology Authority shall reduce local telecommunication charges by $2,250,000.
Section 51
This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 52
All laws and parts of laws in conflict with this Act are repealed.

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By unanimous consent, the House disagreed to the Senate substitute to HB 1181, pursuant to authority granted to the Speaker.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate insists on its substitute to the following bill of the House:
HB 869. By Representatives Coleman of the 118th, Jenkins of the 93rd and Stephenson of the 60th, Post 1:
A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to repeal certain additional charges on criminal and civil filings and proceedings; to repeal Code Section 15-6-77.4, relating to an additional divorce case filing fee for the Children's Trust Fund; to repeal Code Section 14-9-60.1, relating to an additional marriage license fee for the Children's Trust Fund; to repeal Article 4 of Chapter 21, the "Peace Officer and Prosecutor Training Fund of 1983"; to repeal Article 7 of Chapter 21, relating to the compensation to victims of violators of driving under the influence statute; to repeal Code Section 15-21-149; to repeal Code Section 15-21-150; to repeal Code Section 15-21-151; to repeal Code Section 15-21-152; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 869. By Representatives Coleman of the 118th, Jenkins of the 93rd and Stephenson of the 60th, Post 1:
A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to repeal certain additional charges on criminal and civil filings and proceedings; to repeal Code Section 15-6-77.4, relating to an additional divorce case filing fee for the Children's Trust Fund; to repeal Code Section 14-9-60.1, relating to an additional marriage license fee for the Children's Trust Fund; to repeal Article 4 of Chapter 21, the "Peace Officer and Prosecutor Training Fund of 1983"; to repeal Article 7 of Chapter 21, relating to the compensation to victims of violators of driving under the influence statute; to repeal Code Section 15-21-149; to repeal Code Section

THURSDAY, MARCH 25, 2004

2899

15-21-150; to repeal Code Section 15-21-151; to repeal Code Section 15-21152; and for other purposes.

By unanimous consent, the House insisted on its position in disagreeing to the Senate substitute to HB 869 and a Committee of Conference was appointed on the part of the House to confer with a like committee on the part of the Senate, pursuant to authority granted to the Speaker.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Porter of the 119th, Jenkins of the 93rd and Bordeaux of the 125th.

Representative Holmes of the 48th District, Post 1, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 428 Do Pass, by Substitute SB 554 Do Pass

Respectfully submitted, /s/ Holmes of the 48th, Post 1
Chairman

Representative Powell of the 23rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 550 Do Pass

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JOURNAL OF THE HOUSE
Respectfully submitted, /s/ Powell of the 23rd
Chairman

Representative Channell of the 77th District, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 529 Do Pass, by Substitute SB 584 Do Pass, by Substitute SB 604 Do Pass

Respectfully submitted, /s/ Channell of the 77th
Chairman

Representative Oliver of the 56th District, Post 2, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 400 Do Pass SB 512 Do Pass

Respectfully submitted, /s/ Oliver of the 56th, Post 2
Chairman

THURSDAY, MARCH 25, 2004

2901

Representative Snow of the 1st District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety 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 1569 Do Pass

Respectfully submitted, /s/ Snow of the 1st
Chairman

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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 147 Do Pass, by Substitute

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

Representative Royal of the 140th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:

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SB 393 Do Pass, by Substitute SB 395 Do Pass

SB 453 Do Pass SR 580 Do Pass, by Substitute

Respectfully submitted, /s/ Royal of the 140th
Chairman

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate insists on its substitute to the following bill of the House:
HB 1181. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2004 and ending June 30, 2005; and for other purposes.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 869. By Representatives Coleman of the 118th, Jenkins of the 93rd and Stephenson of the 60th, Post 1:
A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to repeal certain additional charges on criminal and civil filings and proceedings; to repeal Code Section 15-6-77.4, relating to an additional divorce case filing fee for the Children's Trust Fund; to repeal Code Section 14-9-60.1, relating to an additional marriage license fee for the Children's Trust Fund; to repeal Article 4 of Chapter 21, the "Peace Officer and Prosecutor Training Fund of 1983"; to repeal Article 7 of Chapter 21, relating to the compensation to victims of violators of driving under the influence statute; to repeal Code Section 15-21-149; to repeal Code Section 15-21-150; to repeal Code Section 15-21-151; to repeal Code Section 15-21-152; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Balfour of the 9th, Clay of the 37th, and Hall of the 22nd.

THURSDAY, MARCH 25, 2004

2903

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1181. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2004 and ending June 30, 2005; and for other purposes.

By unanimous consent, the House insisted on its position in disagreeing to the Senate substitute to HB 1181 and a Committee of Conference was appointed on the part of the House to confer with a like committee on the part of the Senate, pursuant to authority granted to the Speaker.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Buck of the 112th, Smyre of the 111th and Parrish of the 102nd.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 1181. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2004 and ending June 30, 2005; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hill of the 4th, Williams of the 19th, and Cheeks of the 23rd.

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Wednesday, March 31, 2004.

2904

JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia
Wednesday, March 31, 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 Birdsong Black Bridges Brock Brooks Broome Brown E Bruce Buck Buckner, D Buckner, G Bunn Burmeister Campbell Casas Chambers Childers Coan Coleman, B Cooper Cummings

Day Deloach Dodson Dooley Douglas Ehrhart Fleming Floyd, H Floyd, J Fludd Forster Franklin Graves, D Graves, T Greene Greene-Johnson Harbin Harper Heard, J Heard, K Heath E Heckstall Hembree Henson Hill, C

Hill, C.A Hines Howard Hugley James Jamieson Jenkins, C.F Jones Keen Lane Lewis Lord E Maddox Manning Marin Martin Maxwell McBee Millar Mills Mitchell Mobley Moraitakis Morris Mosley

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

Sholar Skipper Smith, L Smith, P Smith, T Smith, V Snow Stanley-Turner Stephens, R Stokes Stoner Teilhet Teper E Thompson Warren Watson 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 Anderson of the 100th; Barnes of the 84th, Post 2; Benfield of the 56th, Post 1; Boggs of the 145th; Bordeaux of the 125th; Borders of the 142nd; Butler of the 88th, Post 1; Crawford of the 91st; Dean of the 49th; Dollar of the 31st; Drenner of the 57th; Dukes of the 136th; Elrod of the 25th; Epps of the 90th; Hanner of the 133rd; Harrell of the 54th; Hill of the 81st; Holmes of the 48th, Post 1; Houston of the 139th; Howell of the 92nd; Hudson of the 95th; Jenkins of the 93rd; Jordan of the 83rd; Knox of the 14th, Post 1; Lucas of the 105th; Lunsford of the 85th, Post 2; Massey of the 24th; McCall of the 78th; McClinton of the 59th, Post 1; Mosby of the 59th, Post 3; Oliver of the 121st, Post 2; Orrock of the 51st; Ray of the 108th; Rogers of the 15th; Sailor of the 61st, Post 1; Sims of the 130th; Sinkfield of the 50th; Smyre of the 111th; Stephens of the

WEDNESDAY, MARCH 31, 2004

2905

124th, Post 2; Stephenson of the 60th, Post 1; Thomas of the 43rd, Post 1; Walker of the 71st, Post 1; Walker of the 115th; Westmoreland of the 86th; and Yates of the 85th, Post 1.
They wish to be recorded as present.

Prayer was offered by the Reverend Charles Grant, Pastor, Mt. Welcome Missionary Baptist Church, 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.

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

2906
HB 1834 HR 1759 HR 1760 HR 1761 HR 1762 SB 196 SB 477 SB 509 SB 580

JOURNAL OF THE HOUSE
SB 583 SB 587 SB 600 SB 601 SB 610 SB 617 SB 625 SB 626 SR 942

Representative Oliver of the 56th District, Post 2, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 148 Do Pass, by Substitute SB 263 Do Pass, by Substitute SB 403 Do Pass, by Substitute

SB 478 Do Pass, by Substitute SB 561 Do Pass, by Substitute

Respectfully submitted, /s/ Oliver of the 56th, Post 2
Chairman

Representative Parham of the 94th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 228 Do Pass, by Substitute SB 301 Do Pass

SB 461 Do Pass SB 506 Do Pass, by Substitute

WEDNESDAY, MARCH 31, 2004
Respectfully submitted, /s/ Parham of the 94th
Chairman

2907

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

Mr. Speaker:

Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HR 1526 Do Pass HR 1580 Do Pass HR 1731 Do Pass

HR 1733 Do Pass HR 1764 Do Pass

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

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1832 Do Pass HB 1833 Do Pass SB 370 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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Representative Smith of the 13th District, Post 2, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bill and Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 516 Do Pass, by Substitute SR 866 Do Pass SR 869 Do Pass

Respectfully submitted, /s/ Smith of the 13th, Post 2
Chairman

Representative Royal of the 140th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 514 Do Pass, by Substitute

Respectfully submitted, /s/ Royal of the 140th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, MARCH 31, 2004

WEDNESDAY, MARCH 31, 2004

2909

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 38th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

SR 787

Designate; Michael B. Mundy Memorial Bridge; Pickens County

DEBATE CALENDAR

HR 1684 SB 179
SB 393 SB 395
SB 400
SB 423 SB 428 SB 436 SB 444
SB 453
SB 459
SB 486
SB 491 SB 550
SB 568
SB 604
SB 608 SR 589
SR 704

Natural gas; adequate supply; urge Congress provide policy to ensure Patient Safe Prescription Drug Act; regulate electronically transmitted data; patient's choice of retail pharmacy Ad valorem tax; member of armed forces; time extensions Master Settlement Agreement; nonparticipants; release of funds from escrow accounts Levi's Call; exempt broadcasters from civil liability; conditions and limitation Stone Mountain Memorial Assoc.; membership requirements School attendance requirements; driver's license; change penalties Agricultural Water Conservation Incentive Program; create County; joint development authority; tax credit for businesses in those counties Ad valorem tax; freeport personal property inventory exemption; renewal notices Metropolitan North Georgia Water Planning District; meetings, dues payable State Personnel Board; special pay plan for deferred payment; define terms Tax penalties; false claims of independent contractor status; violations Building Codes; change state minimum codes; delete obsolete prov.; redefine Sewage holding tanks; removal, transport; regulation; definitions; penalties Emergency medical technicians; indemnification; noncompulsory insurance HMO; provide use of national standards for quality certification State Properties Commission; convey real estate in Butts County; authorize Richmond County; authorize conveyance of state property

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JOURNAL OF THE HOUSE

Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Smyre of the 111th
Chairman

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

HB 1832. By Representatives Dooley of the 33rd, Post 3, Manning of the 32nd, Teilhet of the 34th, Post 2, Hines of the 35th, Parsons of the 29th and others:
A BILL to provide a homestead exemption from City of Marietta ad valorem taxes for municipal purposes in the amount of $22,000.00 of the assessed value of the homestead for certain residents of that city who are disabled; and for other purposes.

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

HB 1833. By Representatives Jenkins of the 93rd, Crawford of the 91st and Howell of the 92nd:
A BILL to amend an Act creating the Lamar County Livestock and Agricultural exposition Authority, so as to change the provisions relating to the membership of the authority; and for other purposes.

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

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 31, 2004

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

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

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

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

2911
Y Sholar Sims
Y Sinkfield Y Skipper
Smith, B Y Smith, L Y Smith, P
Smith, T Y Smith, V
Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Y Thomas, A.M
Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

On the passage of the Bills, the ayes were 131, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representatives Jenkins of the 93rd and Thompson of the 69th, Post 1 stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 370. By Senator Kemp of the 3rd: A BILL to be entitled an Act to provide that future elections for the office of

2912

JOURNAL OF THE HOUSE
probate judge of Wayne County and for the office of chief magistrate of Wayne County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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 142, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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:
SR 907. By Senator Shafer of the 48th:
A RESOLUTION encouraging the Georgia Lottery Corporation to adopt advanced technologies to improve the Georgia Lottery for Education and creating the Lottery Technology Joint Study Committee; and for other purposes.
SR 1025. By Senator Cheeks of the 23rd:
A RESOLUTION recognizing and commending Honorable Jack Connell and encouraging the Department of Transportation to place signs which indicate that the Riverwatch Parkway in Augusta, Georgia, is dedicated in honor of Honorable Jack Connell; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 1238. By Representatives Royal of the 140th, O`Neal of the 117th, Sims of the 130th and Borders of the 142nd:

WEDNESDAY, MARCH 31, 2004

2913

A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to sales and use tax exemptions, so as to extend the sales and use tax exemption for sales to and use by a government contractor of overhead materials in performance of a contract with the United States government to which title passes immediately to the government under the terms of the contract; and for other purposes.
HB 1239. By Representatives Royal of the 140th, O`Neal of the 117th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for additional restrictions with respect to certain refunds; and for other purposes.
HB 1437. By Representatives Royal of the 140th, O`Neal of the 117th, Buck of the 112th, Richardson of the 26th, Skipper of the 116th and others:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to enact the State and Local Tax Revision Act of 2004; to provide for a short title; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate certain provisions of federal law into Georgia law; to provide for applicability; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide that public disclosure shall not be required for records that would reveal the home address or telephone number, social security number, or insurance or medical information of employees of the Department of Revenue; and for other purposes.
HB 1457. By Representatives Royal of the 140th, O`Neal of the 117th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures regarding state purchasing, so as to provide for additional vendor requirements; to provide for a definition; to provide for powers, duties, and authority of the Department of Revenue and the Department of Administrative Services; and for other purposes.
HB 1461. By Representatives Royal of the 140th, Richardson of the 26th, Sims of the 130th, O`Neal of the 117th and Borders of the 142nd:

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A BILL to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization regarding revenue and taxation, so as to provide for limited circumstances under which the state revenue commissioner or an officer or employee of the Department of Revenue may disclose certain confidential taxpayer information; and for other purposes.
HB 1580. By Representatives Cooper of the 30th, Sinkfield of the 50th, Oliver of the 56th, Post 2, Campbell of the 39th, Lunsford of the 85th, Post 2 and others:
A BILL to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to enact the "Foster Parents Bill of Rights"; to provide for a short title; to set out a list of rights for foster parents; to provide that such rights be taken into consideration in policies of the Division of Family and Children Services of the Department of Human Resources; and for other purposes.

By unanimous consent, the following Resolution of the Senate was read the first time and referred to the Committee:

SR 907. By Senator Shafer of the 48th:
A RESOLUTION encouraging the Georgia Lottery Corporation to adopt advanced technologies to improve the Georgia Lottery for Education and creating the Lottery Technology Joint Study Committee; and for other purposes.

Referred to the Committee on Regulated Industries.

Representative Dooley of the 33rd, Post 3 arose to a point of personal privilege and addressed the House.

Representative Forster of the 3rd, Post 1 arose to a point of personal privilege and addressed the House.

Representative Bannister of the 70th, Post 1 arose to a point of personal privilege and addressed the House.

WEDNESDAY, MARCH 31, 2004

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Representative Heard of the 75th arose to a point of personal privilege and addressed the House.

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

HR 1526. By Representatives Forster of the 3rd, Post 1, Joyce of the 2nd and White of the 3rd, Post 2:
A RESOLUTION congratulating the Ringgold High School Wrestling Team on its second traditional state wrestling championship in three years and inviting Coach Phil Daniels and the team to the House of Representatives; and for other purposes.

HR 1731. By Representatives Ray of the 108th, Purcell of the 122nd, James of the 114th, Floyd of the 132nd, Black of the 144th and others:
A RESOLUTION commending Jean Wright and inviting her to appear before the House of Representatives; and for other purposes.

HR 1733. By Representative Reece of the 11th:
A RESOLUTION commending the Trion High School Debate Team and inviting the team and its coaches to appear before the House of Representatives; and for other purposes.

HR 1764. By Representatives Mitchell of the 61st, Post 3, Williams of the 61st, Post 2, Sailor of the 61st, Post 1 and Henson of the 55th:
A RESOLUTION commending Stephenson High School girls' basketball team and inviting the team, its coaches, and Principal Morcease Beasley to appear before the House of Representatives; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

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SB 179. By Senators Thomas of the 54th, Unterman of the 45th, Mullis of the 53rd, Smith of the 52nd, Balfour of the 9th and others:
A BILL to be entitled an Act to enact the "Patient Safe Prescription Drug Act"; to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for electronic prescription drug orders; to define certain terms; to require electronic prescription drug orders to meet certain requirements; to prohibit access to electronic prescription drug orders from the time of transmission until receipt by the designated pharmacy; to prohibit certain restrictions of practitioners; to prohibit a patients choice of retail pharmacy; to provide for an exemption for institutions using electronic medical record systems; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL
To enact the "Patient Safe Prescription Drug Act"; to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for electronic data prescription drug orders; to define certain terms; to require electronic data prescription drug orders to meet certain requirements; to prohibit access to electronic data prescription drug orders from the time of transmission until receipt by the designated pharmacy; to prohibit certain restrictions of practitioners; to prohibit the restriction of a patients choice of retail pharmacy; to provide for an exemption for institutions using electronic medical record systems; to change certain provisions relating to substitution of generic drugs for name brand drugs; to provide that incentives may be offered to pharmacies, pharmacists, and practitioners that accept or utilize electronic data prescription drug orders; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Patient Safe Prescription Drug Act."
SECTION 2. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by adding to Code Section 26-4-5, relating to definitions, new paragraphs (14.1) through (14.5), (18.05), and (38.5) to read as follows:

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"(14.1) 'Electronic data prescription drug order' means any digitalized prescription drug order transmitted to a pharmacy, other than by facsimile, which contains the secure, personalized digital key, code, number, or other identifier used to identify and authenticate the prescribing practitioner in a manner required by state laws and board regulations and includes all other information required by state laws and board regulations. (14.2) 'Electronic data signature' means:
(A) A secure, personalized digital key, code, number, or other identifier used for secure electronic data transmissions which identifies and authenticates the prescribing practitioner as a part of an electronic data prescription drug order transmitted to a pharmacy; or (B) An electronic symbol or process attached to or logically associated with a record and executed or adopted by a prescribing practitioner with the intent to sign an electronic data prescription drug order, which identifies the prescribing practitioner, as a part of an electronic data prescription drug order transmitted to a pharmacy. (14.3) 'Electronic signature' means an electronic visual image signature or an electronic data signature of a practitioner which appears on an electronic prescription drug order. (14.4) 'Electronic visual image prescription drug order' means any exact visual image of a prescription drug order issued by a practitioner electronically and which bears an electronic reproduction of the visual image of the practitioners signature, is either printed on security paper and presented as a hard copy to the patient or transmitted by the practitioner via facsimile machine or equipment to a pharmacy, and contains all information required by state law and regulations of the board. (14.5) 'Electronic visual image signature' means any exact visual image of a practitioners signature reproduced electronically on a hard copy prescription drug order presented to the patient by the practitioner or is a prescription drug order transmitted to a pharmacy by a practitioner via facsimile machine or equipment." "(18.05) 'Hard copy prescription drug order' means a written, typed, reproduced, or printed prescription drug order prepared on a piece of paper." "(38.5) 'Security paper' means paper utilizing security features on which the electronic visual image prescription drug order of a practitioner is printed and presented to a patient so as to ensure that the prescription drug order is not subject to any form of copying, reproduction, or alteration, or any combination of copying, reproduction, or alteration, and may include a watermark produced by the electronic digital process when a prescription is printed to clearly show if a prescription has been reproduced or copied in an unauthorized manner."
SECTION 3. Said chapter is further amended by striking paragraph (36) of Code Section 26-4-5, relating to definitions, and inserting in its place the following:

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"(36) 'Prescription drug order' means a lawful order of a practitioner for a drug or device for a specific patient; such order includes an electronic visual image prescription drug order and an electronic data prescription drug order."
SECTION 4. Said chapter is further amended by striking subsections (c), (i), and (l) of Code Section 26-4-80, relating to dispensing, electronically transmitted drug orders, refills, and Schedule II controlled substance prescriptions, and inserting in their respective places the following:
"(c) A prescription drug order may be accepted by a pharmacist, or pharmacy intern, or extern in written form, orally, via facsimile, or electronically via an electronic visual image prescription drug order, or an electronic data prescription drug order as set forth in this chapter or as set forth in regulations promulgated by the board. Provisions for accepting a prescription drug order for a Schedule II controlled substance are set forth in subsection (l) of this Code section, the boards regulations, or the regulations of the United States Drug Enforcement Administration in 21 C.F.R. 1306. Electronic prescription drug orders shall either be an electronic visual image of a prescription drug order or an electronic data prescription drug order and shall meet the requirements set forth in regulations promulgated by the board. A hard copy prescription prepared by a practitioner or a practitioners agent, which bears an electronic visual image of the practitioners signature and is not sent by facsimile, must be printed on security paper. Prescriptions transmitted either electronically or via facsimile shall meet the following requirements:
(1) Electronically transmitted prescription drug orders shall be transmitted by the practitioner or, in the case of a prescription drug order to be transmitted via facsimile, by the practitioner or the practitioners agent under supervision of the practitioner, to the pharmacy of the patients choice with no intervening person or intermediary having access to the prescription drug order; (2) Prescription drug orders transmitted by facsimile or computer shall include:
(A) In the case of a prescription drug order for a dangerous drug, the complete name and address of the practitioner; (B) In the case of a prescription drug order for a controlled substance, the complete name, address, and DEA registration number of the practitioner; (C) The telephone number of the practitioner for verbal confirmation; (D) The name and address of the patient; (E) The time and date of the transmission; and (F) The full name of the person transmitting the order; and (G) The signature of the practitioner in a manner as defined in regulations promulgated by the board or, in the case of a controlled substances prescription, in accordance with 21 C.F.R. 1301.22; (3) An electronically transmitted, issued, or produced prescription drug order which meets the requirements of this Code section shall be deemed the original order;

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(4) The pharmacist shall exercise professional judgment regarding the accuracy and authenticity of the any electronically transmitted, issued, or produced prescription drug order consistent with federal and state laws and rules and regulations adopted pursuant to the same; (5) An electronically transmitted encrypted, issued, or produced prescription drug order transmitted from a prescriber practitioner to a pharmacist shall be considered a highly confidential transaction and the said transmission, issuance, or production shall not be compromised by interventions, control, change, altering, or manipulation, or accessing patient record information by any other person or party in any manner whatsoever between the time after the practitioner has electronically transmitted, issued, or produced a prescription drug order and such order has been received by the pharmacy of the patients choice; (6) Any pharmacist that transmits, receives, or maintains any prescription or prescription refill either orally, in writing, or electronically shall ensure the security, integrity, and confidentiality of the prescription and any information contained therein; and (7) The board shall promulgate rules and regulations which may provide specific exceptions under this Code section for institutional settings such as hospital pharmacies, nursing home pharmacies, clinic pharmacies, or pharmacies owned or operated directly by health maintenance organizations." "(i) A written All prescription drug order orders must bear an original the signature of the prescribing practitioner as defined in Code Section 16-13-21. Physicians assistants must comply with all applicable laws regarding signatures. Further, the nature of such signature must meet the requirements set forth in regulations promulgated by the board. A physically applied signature stamp or other signature facsimile is not acceptable in lieu of an original signature. When Except as otherwise provided for in this subsection, when an oral prescription drug order or the oral authorization for the refilling of a prescription drug order is received which is has been transmitted by someone other than the practitioner, the name of the individual making the transmission and the date, time, and location of the origin of the transmission must be recorded on the original prescription drug order or other uniform record by the pharmacist receiving the transmission. No one other than the practitioner or an agent authorized by the practitioner shall transmit such prescriptions in any manner. In institutional settings such as hospital pharmacies, nursing home pharmacies, clinic pharmacies, or pharmacies owned or operated directly by health maintenance organizations, the name of the individual making the transmission is not required to be placed on the order." "(l) A Schedule II controlled substance prescription drug order in written form signed in indelible ink by the practitioner may be accepted by a pharmacist and the Schedule II controlled substance may be dispensed by such pharmacist. Other forms of Schedule II controlled substance prescription forms drug orders may be accepted by a pharmacist and the Schedule II controlled substance may be dispensed by such pharmacist in accordance with regulations promulgated by the board and in accordance with DEA regulations found in 21 C.F.R. 1306."

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SECTION 5. Said chapter is further amended by adding at the end of Code Section 26-4-80, relating to dispensing, electronically transmitted drug orders, refills, and Schedule II controlled substance prescriptions, new subsections (m), (n), and (o) to read as follows:
"(m) No licensee nor any other entity shall be permitted to provide facsimile machines or equipment, computer software, technology, hardware, or supplies related to the electronic transmission of prescription drug orders to any practitioner which restricts such practitioner from issuing prescription drug orders for certain prescription drugs or restricts a patient from choosing the retail pharmacy to which an electronic prescription drug order may be transmitted. (n) Institutions including, but not limited to, hospitals, long-term care facilities, and inpatient hospice facilities which utilize electronic medical record systems that meet the information requirements for prescription drug orders for patients pursuant to this Code section shall be considered to be in compliance with this Code section. (o) Nothing in this Code section shall be construed to prohibit any insurance company, hospital or medical service plan, health care provider network, health maintenance organization, health care plan, employer, or other similar entity providing health insurance from offering incentives to pharmacies, pharmacists, and practitioners that accept or utilize electronic data prescription drug orders."
SECTION 6. Said chapter is further amended by striking subsection (g) of Code Section 26-4-81, relating to substitution of generic drugs for name brand drugs, and inserting in its place the following:
"(g) A practitioner of the healing arts may instruct the pharmacist not to substitute a generic name drug in lieu of a brand name drug by including the words 'brand necessary' in the body of the prescription. When a prescription is a hard copy prescription drug order, such Such indication of brand necessary must be in the practitioners own handwriting and shall not be printed, applied by rubber stamp, or any such similar means."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Powell of the 23rd moves to amend the Committee substitute to SB 179 by inserting between lines 29 and 30 of page 3 the following:
"(E) The diagnosis stating the reason for the prescription drug order;".

WEDNESDAY, MARCH 31, 2004 By striking "(E)" and inserting in its place "(E)(F)" on line 30 of page 3. By striking "(F)" and inserting in its place "(F)(G)" on line 31 of page 3. By striking "(G)" and inserting in its place "(H)" on line 32 of page 3.

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On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

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

On the adoption of the amendment, the ayes were 5, nays 153. The amendment was lost.

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The Committee substitute was adopted.

The 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 Y Brown E Bruce Y Buck Y Buckner, D
Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

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

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 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 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

WEDNESDAY, MARCH 31, 2004

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SB 393. By Senators Johnson of the 1st, Harp of the 16th, Cagle of the 49th and Tolleson of the 18th:
A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for certain time extensions with respect to ad valorem taxation for certain members of the armed forces of the United States; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for certain time extensions with respect to ad valorem taxation for certain members of the armed forces of the United States; to provide for additional appeal procedures with respect to taxpayers who are absent due to military service; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking the "Reserved" designation of Code Section 48-5-30 and inserting in its place a new Code Section 48-5-30 to read as follows:
"48-5-30. Notwithstanding any provision of Code Section 48-5-7.1 or 48-5-7.4 to the contrary, a member of the armed forces of the United States serving outside the continental United States may file such members initial or renewal application for special assessment at any time within a period of six months following the return of such member to the continental United States."
SECTION 2. Said chapter is further amended in Code Section 48-5-311, relating to county boards of equalization and ad valorem tax appeals, by adding a new subsection at the end thereof, to be designated subsection (l), to read as follows:
"(l) Military service. In the event of the absence of an individual from such individuals residence because of duty in the armed forces, the filing requirements set forth in subparagraph (e)(2)(A) of this Code section and paragraph (2) of subsection (f) of this Code section shall be tolled for a period of 90 days. During this period any

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member of the immediate family of the individual, or a friend of the individual, may notify the tax receiver or the tax commissioner of the individuals absence due to military service and submit written notice of representation for the limited purpose of the appeal. Upon receipt of this notice, the tax receiver or the tax commissioner shall initiate the appeal."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Royal of the 140th, Birdsong of the 104th and Stephens of the 123rd was read and adopted:

A BILL
To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for certain time extensions with respect to ad valorem taxation for certain members of the armed forces of the United States; to change certain provisions regarding the time for making homestead exemption applications; to provide for additional appeal procedures with respect to taxpayers who are absent due to military service; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking the "Reserved" designation of Code Section 48-5-30 and inserting in its place a new Code Section 48-5-30 to read as follows:
"48-5-30. Notwithstanding any provision of Code Section 48-5-7.1 or 48-5-7.4 to the contrary, a member of the armed forces of the United States serving outside the continental United States may file such members initial or renewal application for special assessment at any time within a period of six months following the return of such member to the continental United States."
SECTION 2. Said chapter is further amended by striking Code Section 48-5-45, relating to homestead

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2925

exemption applications, and inserting in its place a new Code Section 48-5-45 to read as follows:
"48-5-45. (a)(1) An applicant seeking a homestead exemption as provided in Code Section 485-44 and qualifying under the provisions of Code Section 48-5-40 shall file a written application and schedule with the tax receiver or tax commissioner charged with the duty of receiving returns of property for taxation: (A) On or before June 1; or (B) In all counties providing for the collection and payment of ad valorem taxes in installments, on or before May 1, or such different date as may be established by local Act at any time during the calendar year subsequent to the property becoming the primary residence of the applicant up to and including March 1 of the following year. (2) The failure to file properly the application and schedule on or before March 1 of a calendar year in which the taxes are due shall constitute a waiver of the homestead exemption on the part of the applicant failing to make the application for such exemption for that year.
(b) In all counties having a population of not less than 100,000 nor more than 103,000 according to the United States decennial census of 2000 or any future such census, the written application and schedule required in subsection (a) of this Code section shall be filed on or before March 1 of the year in which exemption from taxation is sought. (c) Reserved. (d)(b) The owner of a homestead which is actually occupied by the owner as a residence and homestead shall not have to apply for the exemption more than once so long as the owner remains in continuous occupation of the residence as a homestead. The exemption shall automatically be renewed from year to year so long as the owner continuously occupies the residence as a homestead. (e)(c) It is unlawful for any person, firm, or corporation to solicit, either directly or by mail or advertisement, any other person for the purpose of filing on behalf of such other person the application and schedule for homestead exemption required by this Code section if a fee is charged for filing such application and schedule on behalf of such other person. A violation of this subsection shall be a misdemeanor."
SECTION 3. Said chapter is further amended in Code Section 48-5-311, relating to the creation of county boards of equalization and ad valorem tax appeals, by adding a new subsection at the end thereof, to be designated subsection (l), to read as follows:
"(l) Military service. In the event of the absence of an individual from such individuals residence because of duty in the armed forces, the filing requirements set forth in subparagraph (e)(2)(A) of this Code section and paragraph (2) of subsection (f) of this Code section shall be tolled for a period of 90 days. During this period any member of the immediate family of the individual, or a friend of the individual, may notify the tax receiver or the tax commissioner of the individuals absence due to

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military service and submit written notice of representation for the limited purpose of the appeal. Upon receipt of this notice, the tax receiver or the tax commissioner shall initiate the appeal."
SECTION 4. (a) Section 1, Section 3, this section, and Section 5 of this Act shall become effective upon their approval by the Governor or upon its becoming law without such approval. (b) Section 2 of this Act shall become effective June 1, 2005.
SECTION 5. 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, by substitute.

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
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers

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

Y 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 Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal

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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Y Thomas, A.M
Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A

Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, MARCH 31, 2004

Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

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Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 172, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 395. By Senators Tolleson of the 18th, Hamrick of the 30th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 10-13-3 of the Official Code of Georgia Annotated, relating to deposits into escrow accounts under the Master Settlement Agreement with tobacco product manufacturers, so as to change a provision relating to release of funds from escrow for tobacco product manufacturers who are not participating manufacturers under the Master Settlement Agreement; to provide for severability; to repeal conflicting laws; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce

Y Day Y Dean Y Deloach
Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin

Y 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
Joyce Y Keen Y Knox

Y Mitchell Y 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 Y Parham Y Parrish Y Parsons Y Porter
Powell Y Purcell

Y Sholar Y Sims Y Sinkfield
Skipper Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Stokes Stoner Teilhet Y Teper

2928
Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee
McCall Y McClinton Y Millar Y Mills

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

Y Thomas Morgan Y Thomas, A.M
Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson 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, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SR 589. By Senators Crotts of the 17th, Lee of the 29th and Brush of the 24th:
A RESOLUTION authorizing and empowering the State Properties Commission, for and on behalf of and in the name of the State of Georgia, to convey certain state owned real property located in Butts County, Georgia, to the board of commissioners of Butts County; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, 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 Day Y Dean Y Deloach
Dix Y Dodson Y Dollar Y Dooley
Douglas Y Drenner Y Dukes Y Ehrhart

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 Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M

Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow

Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce
Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, MARCH 31, 2004

Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K
Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y O'Neal Y Orrock
Parham Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

2929
Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 167, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

SB 400. By Senators Lee of the 29th, Shafer of the 48th and Smith of the 52nd:
A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for an exemption from civil liability with respect to broadcasters who are engaged in Levis Call: Georgias Amber Alert Program; to provide for definitions; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

2930

JOURNAL OF THE HOUSE

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 Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

Y Hill, C.A 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 Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 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, the ayes were 169, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Heckstall of the 48th, Post 3 was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 444. By Senator Kemp of the 46th: A BILL to be entitled an Act to amend Chapter 62 of Title 36 of the Official

WEDNESDAY, MARCH 31, 2004

2931

Code of Georgia Annotated, relating to development authorities, so as to provide that a county may belong to more than one joint development authority; to provide a maximum income tax credit for businesses locating within a county that is a member of more than one joint development authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Amerson 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 Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

Y Hill, C.A 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 Y Joyce
Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell
McBee McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B
Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter
Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 Westmoreland Y White
Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

2932

JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 491. By Senators Williams of the 19th, Collins of the 6th, Tate of the 38th, Levetan of the 40th and Johnson of the 1st:
A BILL to be entitled an Act to amend Code Section 48-7-127 of the Official Code of Georgia Annotated, relating to tax penalties, so as to provide that it shall be illegal for any person knowingly to coerce, induce, or threaten an individual falsely to declare himself or herself to be an independent contractor or falsely to claim that an individual employed by such person is an independent contractor in order to avoid or evade the withholding and payment of taxes; to provide for penalties for certain violations; to provide for related matters; to provide an effective date; to provide for repeal; to repeal conflicting laws; and for other purposes.

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

On the passage of the Bill, 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
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister

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

Y 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 Y Joyce
Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 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 Y 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 Butler Campbell
Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, MARCH 31, 2004

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

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

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

2933
Y Watson Westmoreland
Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

On the passage of the Bill, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 550. By Senators Kemp of the 46th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state minimum standard codes for construction, so as to change the state minimum standard codes for construction; to revise definitions; to delete obsolete provisions; to revise provisions in accordance with new codes; to make editorial changes; to repeal conflicting laws; and for other purposes.

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

On the passage of the Bill, 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
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome

Y Day Y Dean Y Deloach
Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd

Y 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 N Joyce

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter

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 Y Stephenson Y Stokes Y Stoner

2934
Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper
Crawford Y Cummings

JOURNAL OF THE HOUSE

Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson N Hill, C

Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

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

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 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, the ayes were 166, nays 4. The Bill, having received the requisite constitutional majority, was passed.

Representative Forster of the 3rd, Post 1 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.

SB 459. By Senators Cagle of the 49th, Hudgens of the 47th, Shafer of the 48th, Jackson of the 50th and Moody of the 27th:
A BILL to be entitled an Act to amend Article 10 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the Metropolitan North Georgia Water Planning District, so as to change the minimum number of meetings of the board; to change the minimum amount of dues payable by counties and cities; to repeal conflicting laws; and for other purposes.

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

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

Y Amerson Y Anderson

Y Day Y Dean

Y Hill, C.A Y Hill, V

Y Mitchell Y Mobley

Y Sholar Y Sims

WEDNESDAY, MARCH 31, 2004

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 Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper
Crawford Y Cummings

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

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 Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas E Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey
Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J
Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

2935
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 Y 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 Westmoreland Y White Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 170, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Maxwell of the 27th and Murphy of the 97th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SR 704. By Senators Hall of the 22nd and Cheeks of the 23rd:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Richmond County, Georgia; to repeal conflicting laws; and for other purposes.

2936

JOURNAL OF THE HOUSE

The following Committee substitute was read:

A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Richmond County, Georgia; authorizing the leasing of certain improved real property owned by the State of Georgia in Chatham County, Georgia; to provide effective dates; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of a certain tract of real property located in Richmond County, Georgia, being a portion of the Georgia Golf Hall of Fame; (2) Said property is all that tract or parcel of land lying and being in Richmond County, Georgia, being in the 87th GMD, containing approximately 4.25 acres and is more particularly described on a drawing prepared by the Georgia Golf Hall of Fame, and on file in the offices of the State Properties Commission; (3) The Georgia Golf Hall of Fame Authority wishes to advertise for the development of a facility to be built on the above-described property a portion of which will be used as the museum for the Georgia Golf Hall of Fame with the remaining portion of the facility being occupied by either the developer of the site or other public or private sector entities; and (4) The Georgia Golf Hall of Fame Authority has agreed to acquire the abovedescribed state owned real property for the fair market value and the fair market value has been determined to be $970,000.00; and
WHEREAS: (1) The State of Georgia is the owner of a certain tract or parcel of improved real property located in Chatham County, Georgia; (2) Said real property is all that certain lot, tract, or parcel of land, situate, lying and being in the 6th G.M. District of Chatham County, Georgia, consisting of 2.232 acres of land more particularly described as follows: Commencing at a point located at the southwest corner of the intersection of the rights-of-way of Eisenhower and Seawright Drives; running thence south 17E 30N west, along the west edge of the right-of-way of Seawright Drive, for a distance of 300 feet to a concrete monument, being the point of beginning; continuing thence south 17E 30N west along the west edge of the right-of-way of Seawright Drive for a distance of 50 feet to a point; running thence north 72E 30N west for a distance of 179.95 feet to a point; running thence south 86E 56N 30O west for a distance of 85.44 feet to a point; running thence south 17E 30N west for a distance of 160 feet to a concrete monument; running thence north 72E 30N west for a distance of 346 feet to a concrete monument; running thence north 17E 30N east for a distance of 240 feet to a concrete monument; running thence south 72E 30N east for a distance

WEDNESDAY, MARCH 31, 2004

2937

of 346 feet to a concrete monument; continuing thence south 72E 30N east for a distance of 259.95 feet to a concrete monument and the point of beginning; said 2.232 acre tract being also shown as a 1.906 acre tract plus a.326 acre tract on a certain survey plat dated June 14, 1974 and revised September 16, 1974 prepared by Barrett & Exley, Inc. for the State of Georgia - Department of Human Resources, a copy of said plat being hereto attached and a copy being recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia in Plat or Map Record Book Y, Folio 61; said plat by reference being incorporated herein and made a part hereof. The above described tract being a portion of the property conveyed by deed dated May 18, 1959 from Chatham County, Georgia, a political subdivision of the State of Georgia, through the Commissioners of Chatham County, Georgia, and ex-officio Judges thereof to Chatham Chapter, Georgia Association for the Help of Retarded Children, Incorporated, a Georgia corporation, with offices in Savannah, Georgia; said deed, with a resolution attached, being recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia in Deed Record Book 72 K's, Folio 264; (3) Said property is under the custody of the Department of Human Resources; (4) Said parcel is currently rented to Coastal Center for Developmental Services, Inc.; (5) Coastal Center for Developmental Services, Inc., is desirous of leasing the abovedescribed state property in order to make certain improvements; and (6) The Department of Human Resources has no objection to the leasing of the above-described property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1. That the State of Georgia is the owner of the above-described real property and that all matters relating to the conveyance of the real property interest the State of Georgia is acting by and through the State Properties Commission for consideration of $970,000.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 2. That the above-described property shall not be conveyed to the Georgia Golf Hall of Fame Authority until after the State Properties Commission has reviewed and approved the process of selecting the developer of the site considered in this resolution.
SECTION 3. That the Georgia Golf Hall of Fame Authority shall have the authority to approve all tenants in the facility to be developed.

2938

JOURNAL OF THE HOUSE

SECTION 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 5. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Richmond County and a recorded copy shall be forwarded to the State Properties Commission.
PART II SECTION 6. That the State of Georgia is the owner of the referenced hereinabove described improved real property located in Chatham County, Georgia, and that, in all matters relating to the leasing of said property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 7. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the hereinabove described tract of improved property to Coastal Center for Developmental Services, Inc., for a period of ten years commencing with the execution of the lease agreement.
SECTION 8. That the consideration for such lease shall be $1,000.00 per year and such other terms and conditions as may be determined by the State Properties Commission to be in the best interests of the State of Georgia.
SECTION 9. That any sublease of subject property must be approved by the State Properties Commission, and any remuneration resulting from a sublease in excess of $1,000.00 per year is to be remitted to the State of Georgia.
SECTION 10. That the authorization of this resolution to lease the above-described property to Coastal Center for Developmental Services, Inc., shall expire three years after the date that this resolution becomes effective.
SECTION 11. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
SECTION 12.

WEDNESDAY, MARCH 31, 2004

2939

That this lease agreement shall be recorded by the lessee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
PART III SECTION 13. (a) Except as otherwise provided in subsection (b) of this section, this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Part I of this resolution shall become effective on July 1, 2004.
SECTION 14. All laws and parts of laws in conflict with this resolution are repealed.

The following amendment was read and adopted:

Representative Greene of the 134th moves to amend the Committee substitute to SR 704 by striking all matter on lines 13 and 14 of page 3 and inserting in lieu thereof the following:
"That the State Properties Commission shall have the authority to approve all tenants in the facility to be developed."

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, as amended.

On the adoption of the Resolution, by substitute, as amended, 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 Day Y Dean Y Deloach
Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel
Oliver, B

Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre

2940
Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas N Chambers Y Channell
Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y 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
Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan N Joyce Y Keen
Knox Y Lane Y Lewis Y Lord Y Lucas E Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C
Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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
Watson 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 adoption of the Resolution, by substitute, as amended, the ayes were 165, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.

SB 604. By Senators Thomas of the 54th, Levetan of the 40th, Mullis of the 53rd and Price of the 56th:
A BILL to be entitled an Act to amend Article 5 of Chapter 9 of Title 45 of the O.C.G.A., relating to insuring and indemnifying law enforcement officers, firefighters, prison guards, and publicly employed emergency medical technicians, so as to define certain terms; to provide that any emergency rescue or public safety worker who suffers a condition or impairment of health that is caused by hepatitis, meningococcal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty unless the contrary is shown by competent evidence; to provide for a verification that certain health related activities did not take

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place; to provide for immunizations; to provide for applicability; to repeal conflicting laws; and for other purposes.

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

On the passage of the Bill, 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
Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

Y 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 Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas E Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott
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 Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 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, the ayes were 171, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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SB 453. By Senators Hamrick of the 30th, Smith of the 52nd and Cagle of the 49th:
A BILL to be entitled an Act to amend Code Section 48-5-48.1 of the Official Code of Georgia Annotated, relating to procedures applicable to the freeport personal property inventory exemption, so as to provide for renewal notices; to repeal conflicting laws; and for other purposes.

The following substitute, offered by Representative Heard of the 75th, was read and adopted:

A BILL
To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for renewal notice procedures applicable to the freeport personal property inventory exemption; to provide for periods of limitation with respect to assessment of ad valorem taxes with respect to personal property; to provide for procedures, conditions, and limitations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in Code Section 48-5-48.1, relating to procedures applicable to the freeport personal property inventory exemption, by adding a new subsection at the end thereof, to be designated subsection (e), to read as follows:
"(e) If the tangible personal property inventory exemption has been granted to a taxpayer for a taxable year, the county board of tax assessors shall issue a notice of renewal to the taxpayer for the immediately following taxable year. Such notice of renewal shall be issued not later than January 15 of such immediately following taxable year to facilitate the filing of a timely application and schedule by the taxpayer for such taxable year."
SECTION 2. Said chapter is further amended by adding a new Code section immediately following Code Section 48-5-300, to be designated Code Section 48-5-300.1, to read as follows:
"48-5-300.1. (a) Except as otherwise provided in this Code section or this title, the amount of any tax imposed under this chapter with respect to personal property may be assessed at any time.

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(b) Except as otherwise provided by subsection (c) of this Code section or by this title, in the case where a return or report is filed or deemed to be filed for personal property, the amount of any tax imposed by this chapter shall be assessed within three years from the date the original tax bill was paid, unless such personal property in question is the subject of an audit by the board of tax assessors. (c) Except as otherwise provided by this title, in the case of a false or fraudulent personal property tax return or report filed with the intent to evade tax, or if the property owner has been notified of a pending audit of personal property, the amount of any tax imposed by this chapter may be assessed at any time. (d) Where, before the expiration of the time prescribed in this Code section for the assessment of any tax imposed by this chapter with respect to personal property, both the board of tax assessors and the person subject to assessment have consented in writing to its assessment after such time, the tax may be assessed at any time prior to the expiration of the agreed upon period. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the previously agreed upon period. The board of tax assessors is authorized in any such agreement to extend similarly the period within which a claim for refund may be filed. (e) If a claim for refund of such taxes paid for any taxable period is filed within the last six months of the period during which the board of tax assessors may assess the amount of such taxes, the assessment period shall be extended for a period of six months beginning on the day the claim for refund is filed. (f) No action without assessment shall be brought for the collection of any such tax after the expiration of the period for assessment."
SECTION 3. 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, was agreed to, by substitute.

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 Day Y Dean Y Deloach
Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod

Y 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 Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T
Smith, V Y Smyre Y Snow Y Stanley-Turner

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Y Borders Y Bridges Y Brock Y Brooks E Broome Y Brown E Bruce Y Buck Y Buckner, D
Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler
Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

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

Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson 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 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 1684. By Representatives Parrish of the 102nd, Stephens of the 123rd, Keen of the 146th, Burmeister of the 96th and Jackson of the 124th, Post 1:
A RESOLUTION urging the United States congress to provide for a domestic energy policy that will ensure an adequate supply of natural gas and develop the appropriate infrastructure; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister

Y Day Y Dean Y Deloach Y Dix

Y Hill, C.A Hill, V
Y Hines Y Holmes

Y Mitchell Y Mobley Y Moraitakis Y Morris

Y Sholar Y Sims
Sinkfield Y Skipper

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

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

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 Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mosby Y Mosley Y Murphy, J Y Murphy, Q
Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock
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 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 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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson 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 adoption of the Resolution, the ayes were 163, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

The following Resolution of the Senate was read and adopted:

SR 1025. By Senator Cheeks of the 23rd:
A RESOLUTION recognizing and commending Honorable Jack Connell and encouraging the Department of Transportation to place signs which indicate that the Riverwatch Parkway in Augusta, Georgia, is dedicated in honor of Honorable Jack Connell; and for other purposes.

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Representative Parrish of the 102nd District, Chairman of the Committee on Economic Development and Tourism, submitted the following report:
Mr. Speaker:
Your Committee on Economic Development and Tourism has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 858 Do Pass

Respectfully submitted, /s/ Morris of the 120th
Vice-Chairman

The Speaker announced the House in recess until 2:30 o'clock this afternoon.

WEDNESDAY, MARCH 31, 2004 AFTERNOON SESSION

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The Speaker called the House to order.

Representative Sinkfield of the 50th District, Chairman of the Committee on Children and Youth, submitted the following report:
Mr. Speaker:
Your Committee on Children and Youth 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 1686 Do Pass

Respectfully submitted, /s/ Sinkfield of the 50th
Chairman

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

HR 1775. By Representative Roberts of the 135th:
A RESOLUTION honoring the Atlanta Braves, commending the Atlanta Braves Foundation, and inviting Mr. Steve Smith and other members of the Atlanta Braves organization to appear before the House of Representatives; 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 substitute, by the requisite constitutional majority, the following bill of the House:

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HB 1716. By Representatives Massey of the 24th and Elrod of the 25th:
A BILL to create a board of elections and registration for Barrow County and to provide for its powers and duties; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 589. By Senators Hamrick of the 30th, Dean of the 31st and Lee of the 29th:
A BILL to be entitled an Act to amend an Act providing for the Carroll County Board of Elections, approved April 29, 1997 (Ga. L. 1997, p. 4592), so as to change the name of said board and to change the functions of said board to include powers and duties of boards of registrars and relieve the Board of Registrars of Carroll County of such powers and duties; to change the composition and method of selection of board members and change terms of office; to provide for resignations and removal; to provide for an election supervisor and employees; to provide for offices and equipment; to provide for performance of certain municipal functions and duties; to provide for a submission and effective date; to repeal conflicting laws; and for other purposes.
SB 631. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend an Act creating a charter for the City of Carrollton, approved September 9, 1891 (Ga. L. 1890-91, Vol. II, p. 474), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4172), so as to provide for the levy of a school tax by the mayor and council of the City of Carrollton for that citys independent school system and for limitations relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
SB 634. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate and the office of judge of the probate court of Walker County shall be nonpartisan elections; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 919. By Representatives Harbin of the 80th and Fleming of the 79th:

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A BILL to provide for the compensation of the coroner of Columbia County; and for other purposes.
HB 932. By Representatives Jones of the 38th, Murphy of the 14th, Post 2 and Knox of the 14th, Post 1:
A BILL to amend an Act creating the Forsyth County Board of Registrations and Elections, so as to change the provisions relating to the compensation of the chairperson of the Forsyth County Board of Registrations and Elections, also known as the chief registrar; and for other purposes.
HB 949. By Representatives Williams of the 128th, Keen of the 146th and DeLoach of the 127th:
A BILL to amend an Act creating the Board of Education of McIntosh County, so as to provide new districts for the election of members; to renumber the education districts; to provide for the completion of terms; to provide that new districts and new numerical designations shall conform to those districts adopted for the board of commissioners in 1997; and for other purposes.
HB 960. By Representatives Walker of the 115th, James of the 114th and O`Neal of the 117th:
A BILL to repeal the amendment to the Georgia Constitution which created the Perry Industrial Building Authority, which amendment to the Constitution was proposed by Resolution Act No. 219 of the 1962 General Assembly and was continued in force and effect by an Act approved March 20, 1986; to provide that the property of the authority shall revert to the City of Perry; and for other purposes.
HB 975. By Representative Bruce of the 45th:
A BILL to amend an Act entitled "An Act to continue the Fulton County School Employees Pension Fund," so as to change the provisions of such Act relating to the grant and calculation of cost-of-living benefit increases; to authorize the board of trustees of such retirement fund to grant such increase under certain conditions; and for other purposes.
HB 1144. By Representative Greene of the 134th:
A BILL to provide a homestead exemption from Randolph County school

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district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens; and for other purposes.
HB 1146. By Representative Greene of the 134th:
A BILL to provide a homestead exemption from Clay County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens; and for other purposes.
HB 1316. By Representatives Buck of the 112th, Buckner of the 109th, Hugley of the 113th, Smith of the 110th and Smyre of the 111th:
A BILL to amend an Act creating the Muscogee County School District, so as to change the maximum amount for which the superintendent of the board of education may make public works construction contracts; to change the maximum amount which may be expended for a public works construction contract without affording free competition; and for other purposes.
HB 1367. By Representatives Channell of the 77th and Hudson of the 95th:
A BILL to provide for a homestead exemption from Putnam County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; and for other purposes.
HB 1590. By Representatives Cummings of the 19th and Heath of the 18th:
A BILL to amend an Act providing a new charter for the City of Cedartown, so as to change the corporate limits of said city; and for other purposes.
HB 1591. By Representatives Ehrhart of the 28th, Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Wix of the 33rd, Post 1, Stoner of the 34th, Post 1 and others:
A BILL to amend an Act creating the Cobb Judicial Circuit, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; and for other purposes.
HB 1592. By Representatives Ehrhart of the 28th, Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Wix of the 33rd, Post 1, Stoner of the 34th, Post 1 and others:

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A BILL to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compensation of certain employees of such office; and for other purposes.
HB 1601. By Representatives Boggs of the 145th, Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to provide that future elections for the office of chief magistrate and the office of judge of the probate court of Ware County shall be nonpartisan elections; and for other purposes.
HB 1602. By Representatives Boggs of the 145th, Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to amend an Act creating the State Court of Ware County, so as to provide for the compensation of the solicitor-general and the judge of said court; and for other purposes.
HB 1603. By Representative Hudson of the 95th:
A BILL to provide a homestead exemption from Hancock County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads leased to certain residents of that county; and for other purposes.
HB 1604. By Representative Borders of the 142nd:
A BILL to provide a new charter for the City of Remerton; and for other purposes.
HB 1611. By Representative Skipper of the 116th:
A BILL to amend an act creating the board of commissioners of Marion County, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; and for other purposes.
HB 1619. By Representatives Morris of the 120th, Barnard of the 121st, Post 1, Oliver of the 121st, Post 2, Parrish of the 102nd and DeLoach of the 127th:
A BILL to provide that future elections for the office of probate judge of Candler County shall be nonpartisan elections; and for other purposes.

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HB 1621. By Representative McCall of the 78th:
A BILL to provide for an advisory referendum election to be held in Elbert County for the purpose of determining if the recommendation submitted by the Committee to Study the Form of Government for Elbert County is desired by the people of said county; and for other purposes.
HB 1622. By Representatives Mitchell of the 61st, Post 3, Watson of the 60th, Post 2, Mosby of the 59th, Post 3, Mobley of the 58th, Stephenson of the 60th, Post 1 and others:
A BILL to amend an Act entitled "An Act to create and establish for and in the County of DeKalb a court to be known as the Recorder's Court of DeKalb County," so as to change the term of office of the judge of said court to four years; and for other purposes.
HB 1629. By Representative Hanner of the 133rd:
A BILL to reconstitute the Board of Education of Terrell County; to change the description of the education districts; and for other purposes.
HB 1630. By Representative Hanner of the 133rd:
A BILL to provide a new Charter for the City of Preston in the County of Webster; and for other purposes.
HB 1661. By Representatives Black of the 144th, Borders of the 142nd and Shaw of the 143rd:
A BILL to create the Lowndes County Public Facilities Authority; and for other purposes.
HB 1662. By Representatives Stoner of the 34th, Post 1, Teilhet of the 34th, Post 2, Dooley of the 33rd, Post 3, Wilkinson of the 41st, Parsons of the 29th and others:
A BILL to amend an Act to provide for a $10,000.00 homestead exemption from all City of Smyrna ad valorem taxes for certain disabled residents, so as to increase the amount of said exemption to $22,000.00; and for other purposes.
HB 1663. By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:

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A BILL to amend an Act incorporating the City of Odom, so as to change provisions relating to certain committees and chairs thereof and relating to mayoral voting; and for other purposes.
HB 1664. By Representatives Ralston of the 6th, Forster of the 3rd, Post 1 and White of the 3rd, Post 2:
A BILL to provide that county law library fees shall be charged and collected in certain actions and cases in the Magistrate Court of Fannin County; to provide for the amount of such fees; and for other purposes.
HB 1666. By Representatives Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to provide for a homestead exemption from Murray County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.
HB 1667. By Representatives Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to provide for a homestead exemption from Murray County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.
HB 1668. By Representatives Jenkins of the 8th and Bridges of the 7th:
A BILL to amend an Act creating the White County Water and Sewerage Authority, so as to change the provisions relating to terms of members of the authority; and for other purposes.
HB 1693. By Representatives Ralston of the 6th and Lewis of the 12th:
A BILL to provide that county law library fees shall be charged and collected in certain actions and cases in the Magistrate Court of Pickens County; to provide for the amount of such fees; and for other purposes.
HB 1718. By Representatives Purcell of the 122nd and Stephens of the 123rd:
A BILL to amend an Act creating the Effingham Family connection

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commission, so as to change the composition of members; to change the composition of officers; and for other purposes.
HB 1738. By Representatives Teilhet of the 34th, Post 2, Richardson of the 26th, Golick of the 34th, Post 3, Stoner of the 34th, Post 1, Dooley of the 33rd, Post 3 and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to provide for certain costs and the provisions relating to costs in such court; and for other purposes.
HB 1745. By Representative Porter of the 119th:
A BILL to amend an Act providing for the Magistrate Court of Laurens County, so as to provide that the chief magistrate of such court shall serve in a full-time capacity and provide for the compensation of such chief magistrate and for court staffing; and for other purposes.
HB 1748. By Representative Reece of the 11th:
A BILL to amend an act incorporating the Town of Trion, so as to provide authority for the Board of Education of the Town of Trion to set, approve, and amend its budget; to provide taxing authority and vest title of all property owned or occupied, now and in the future, in the board of education; and for other purposes.
HB 1762. By Representatives Ralston of the 6th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to provide for a homestead exemption from certain Fannin County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.
HB 1764. By Representatives Ralston of the 6th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to provide for a homestead exemption from Fannin County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for certain residents of that school district who are 70 years of age or older; and for other purposes.

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HB 1776. By Representatives Parsons of the 29th, Stoner of the 34th, Post 1, Wilkinson of the 41st, Franklin of the 17th, Wix of the 33rd, Post 1 and others:
A BILL to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; and for other purposes.
HB 1777. By Representatives Oliver of the 121st, Post 2 and Barnard of the 121st, Post 1:
A BILL to create the Jeff Davis County Public Facilities Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; and for other purposes.
HB 1782. By Representatives Williams of the 4th, Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to provide a homestead exemption from City of Dalton independent school district ad valorem taxes for educational purposes in the amount of $150,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or over; and for other purposes.
HB 1783. By Representatives Williams of the 4th, Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to provide for a homestead exemption from City of Dalton ad valorem taxes for municipal purposes in the amount of $150,000.00 of the assessed value of the homestead for residents of that city who are 70 years of age or over; and for other purposes.
HB 1784. By Representatives Porter of the 119th and Coleman of the 118th:
A BILL to amend an Act providing a charter for the City of East Dublin, so as to change the corporate limits of the city; and for other purposes.
HB 1787. By Representatives Harbin of the 80th and Fleming of the 79th:
A BILL to amend an Act to provide for the election of the members of the board of education of Columbia County, so as to provide for the holding of a

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nonbinding referendum in the Columbia County School District in conjunction with the 2004 General Election on the question of whether the chairperson of the Columbia County Board of Education should be elected by the voters of the entire Columbia County School District; and for other purposes.
HB 1788. By Representatives Birdsong of the 104th, Parham of the 94th, Jenkins of the 93rd and Lucas of the 105th:
A BILL to amend an Act creating a new charter for the City of Gray, so as to change the corporate limits of that city; and for other purposes.
HB 1789. By Representatives Hanner of the 133rd and Rynders of the 137th:
A BILL to create the Lee County Parks and Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate golf courses and associated facilities and athletic and recreational centers, facilities, and areas; and for other purposes.
HB 1795. By Representatives Butler of the 88th, Post 1, Harper of the 88th, Post 2, Smith of the 87th and Maxwell of the 27th:
A BILL to amend an Act relating to the Board of Education and school superintendent of the Carroll County School District, so as to reconstitute the board of education; to change the descriptions of the education districts; and for other purposes.
HB 1802. By Representative Shaw of the 143rd:
A BILL to provide for the unification of the existing governments of the City of Lakeland and Lanier County; to provide for the creation of the unified government of Lakeland-Lanier County, Georgia; to provide for the status, boundaries, and powers of the unified government; to provide for the form, administration, and affairs of the unified government; and for other purposes.
HB 1828. By Representatives Morris of the 120th, Parrish of the 102nd, Barnard of the 121st, Post 1, Oliver of the 121st, Post 2 and DeLoach of the 127th:
A BILL to amend an Act to provide a new charter for the City of Metter, so as to change provisions relating to the powers and duties of the mayor; to provide for a council-manager form of government; to provide for a city manager; to provide for the duties of the city manager; and for other purposes.

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The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 1577. By Representatives Brown of the 89th, Epps of the 90th and Smith of the 110th:
A RESOLUTION urging the members of the board of commissioners of Troup County and the Troup County Board of Education to bring to an amicable close their dispute concerning the collection of ad valorem taxes; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 1161. By Representatives Powell of the 23rd, Greene of the 134th, DeLoach of the 127th, Parham of the 94th, Teper of the 42nd, Post 1 and others:
A BILL to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, and Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide for comprehensive provisions regarding management of probationers; to change certain provisions regarding suspension or probation of sentence; to change certain provisions regarding documents required to be part of a sentence package; to change certain provisions regarding the continuing jurisdiction of a sentencing judge over a probationer; and for other purposes.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committee:

SB 589. By Senators Hamrick of the 30th, Dean of the 31st and Lee of the 29th:
A BILL to be entitled an Act to amend an Act providing for the Carroll County Board of Elections, approved April 29, 1997 (Ga. L. 1997, p. 4592), so as to change the name of said board and to change the functions of said board to include powers and duties of boards of registrars and relieve the Board of Registrars of Carroll County of such powers and duties; to change the composition and method of selection of board members and change terms of office; to provide for resignations and removal; to provide for an election supervisor and employees; to provide for offices and equipment; to provide for performance of certain municipal functions and duties; to provide for a

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submission and effective date; to repeal conflicting laws; and for other purposes.

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

SB 631. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend an Act creating a charter for the City of Carrollton, approved September 9, 1891 (Ga. L. 1890-91, Vol. II, p. 474), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4172), so as to provide for the levy of a school tax by the mayor and council of the City of Carrollton for that citys independent school system and for limitations relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

SB 634. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate and the office of judge of the probate court of Walker County shall be nonpartisan elections; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

The following Resolutions of the House were read and adopted:

HR 1774. By Representatives Howard of the 98th, Coleman of the 118th, Buck of the 112th, Skipper of the 116th, Smyre of the 111th and others:
A RESOLUTION recognizing and commending Mr. Jack Connell; and for other purposes.

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HR 1776. By Representative Warren of the 99th:
A RESOLUTION commending Elizabeth Olivares on becoming a National Board Certified teacher; and for other purposes.

HR 1777. By Representative Warren of the 99th:
A RESOLUTION commending Mr. David Bradberry on becoming a National Board Certified teacher; and for other purposes.

HR 1778. By Representative Warren of the 99th:
A RESOLUTION commending Dr. Peggy McRae on becoming a National Board Certified teacher; and for other purposes.

HR 1779. By Representative Warren of the 99th:
A RESOLUTION commending Mr. John Daniel Bryant on becoming a National Board Certified teacher; and for other purposes.

HR 1780. By Representative Warren of the 99th:
A RESOLUTION commending Mr. Michael W. Price on becoming a National Board Certified teacher; and for other purposes.

HR 1781. By Representative Amerson of the 9th:
A RESOLUTION recognizing the James Cooper Prayer Group; and for other purposes.

HR 1782. By Representatives Benfield of the 56th, Post 1 and Oliver of the 56th, Post 2:
A RESOLUTION honoring and remembering the life of Mr. Walter McCurdy, Jr.; and for other purposes.

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HR 1783. By Representatives Benfield of the 56th, Post 1, Mobley of the 58th, Oliver of the 56th, Post 2, Thomas Morgan of the 33rd, Post 2 and Hugley of the 113th:
A RESOLUTION commending the Truancy Intervention Project; and for other purposes.

HR 1784. By Representatives Oliver of the 56th, Post 2, Benfield of the 56th, Post 1, Henson of the 55th and Moraitakis of the 42nd, Post 4:
A RESOLUTION recognizing the Wesley Woods Center and congratulating it on the occasion of its 50th anniversary; and for other purposes.

HR 1785. By Representatives Oliver of the 56th, Post 2, Benfield of the 56th, Post 1, Henson of the 55th and Moraitakis of the 42nd, Post 4:
A RESOLUTION recognizing Emory University Hospital and congratulating it on its 100th anniversary; and for other purposes.

HR 1786. By Representatives Oliver of the 56th, Post 2, Benfield of the 56th, Post 1, Henson of the 55th and Moraitakis of the 42nd, Post 4:
A RESOLUTION recognizing Emory University School of Medicine and congratulating it on its 150th anniversary; and for other purposes.

HR 1787. By Representative Douglas of the 73rd:
A RESOLUTION commending General Larry R. Ellis and recognizing him on the occasion of his retirement; and for other purposes.

HR 1788. By Representatives Graves of the 10th, Cummings of the 19th, Brock of the 5th, Smith of the 13th, Post 2 and Lewis of the 12th:
A RESOLUTION recognizing Thomas E. Shanahan and his service to the public; and for other purposes.

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HR 1789. By Representative Williams of the 4th: A RESOLUTION recognizing Mr. Robert T. Webb; and for other purposes.

HR 1790. By Representatives Rogers of the 20th and Reece of the 21st:
A RESOLUTION recognizing and commending Alma Kennedy Bowen and congratulating The Times of Gainesville; and for other purposes.

HR 1791. By Representatives Rogers of the 20th and Reece of the 21st:
A RESOLUTION commending and recognizing Riverside Pharmacy on the occasion of its 50th anniversary; and for other purposes.

HR 1792. By Representatives White of the 3rd, Post 2, Ralston of the 6th and Forster of the 3rd, Post 1:
A RESOLUTION honoring and remembering the life, military service, and sacrifice of U.S. Army National Guard Staff Sergeant Bobby Franklin; and for other purposes.

HR 1793. By Representatives Wilkinson of the 41st, Willard of the 40th, Campbell of the 39th and Martin of the 37th:
A RESOLUTION honoring and remembering the great and joyous life of Shirley Lee Vick, Jr.; and for other purposes.

HR 1794. By Representative Ehrhart of the 28th:
A RESOLUTION commending Alphonse L. Roberto; and for other purposes.

HR 1795. By Representatives Fleming of the 79th, Harbin of the 80th and Burmeister of the 96th:
A RESOLUTION commending and recognizing Mary Sanders; and for other purposes.

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HR 1796. By Representatives Harbin of the 80th, Fleming of the 79th and Burmeister of the 96th:
A RESOLUTION declaring August 30, 2004, as David Bushnell Day in Georgia; and for other purposes.

HR 1797. By Representatives Harbin of the 80th, Fleming of the 79th and Burmeister of the 96th:
A RESOLUTION commending Ling-Feng Tang and Glenn Kersh and the Peppermill Restaurant; and for other purposes.

HR 1798. By Representatives Harbin of the 80th, Fleming of the 79th and Burmeister of the 96th:
A RESOLUTION commending Bobby L. Christine; and for other purposes.

HR 1799. By Representative Ralston of the 6th:
A RESOLUTION honoring and commending the Dawson County High School wrestling team; and for other purposes.

HR 1800. By Representatives Ralston of the 6th, Lewis of the 12th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A RESOLUTION honoring and commending Roger G. Queen; and for other purposes.

HR 1801. By Representative Westmoreland of the 86th:
A RESOLUTION commending Henry Alfred Dupree III on attaining the rank of Eagle Scout; and for other purposes.

HR 1802. By Representative Scott of the 138th:
A RESOLUTION congratulating and commending Emma Louise McDaniel Thomas; and for other purposes.

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HR 1803. By Representative Amerson of the 9th:
A RESOLUTION recognizing and commending The Dahlonega Nugget; and for other purposes.

HR 1804. By Representative Amerson of the 9th:
A RESOLUTION commending Joe and Loyce Brown; and for other purposes.

HR 1805. By Representative Maddox of the 59th, Post 2:
A RESOLUTION commending Yolandria Jones-Totten; and for other purposes.

HR 1806. By Representative Keen of the 146th:
A RESOLUTION commending Mr. John Lane, Jr., and recognizing and saluting his heroic and lifesaving actions; and for other purposes.

HR 1807. By Representative Burkhalter of the 36th: A RESOLUTION commending Matt Ory; and for other purposes.

HR 1808. By Representatives Williams of the 61st, Post 2, Watson of the 60th, Post 2 and Greene-Johnson of the 60th, Post 3:
A RESOLUTION commending and recognizing Miss Erica N. Jones; and for other purposes.

HR 1809. By Representative Chambers of the 53rd:
A RESOLUTION commending and recognizing Oakcliff Traditional Theme School; and for other purposes.

HR 1810. By Representative Chambers of the 53rd:

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A RESOLUTION honoring and recognizing Peachtree Charter Middle School; and for other purposes.

HR 1811. By Representative Chambers of the 53rd:
A RESOLUTION commending and recognizing Hightower Elementary School; and for other purposes.

HR 1812. By Representative Chambers of the 53rd:
A RESOLUTION commending the Doraville police department; and for other purposes.

HR 1813. By Representative Chambers of the 53rd:
A RESOLUTION commending and recognizing the City of Chamblee, its citizens, and the Chamblee Community Wildlife Habitat Committee; and for other purposes.

HR 1814. By Representatives Graves of the 10th and Brock of the 5th:
A RESOLUTION commending Ms. Ann Hopper and congratulating her on receiving the 2004 Gordon Hospital Volunteer of the Year award and expressing great appreciation for her tireless volunteerism; and for other purposes.

HR 1815. By Representatives Graves of the 10th and Brock of the 5th:
A RESOLUTION commending Mr. Jason M. Shriner and recognizing his Calhoun City School System teacher of the Year award; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

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SB 486. By Senators Seabaugh of the 28th, Hudgens of the 47th, Balfour of the 9th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, so as to provide that the State Personnel Board shall establish and administer a special pay plan qualified under Section 401(a) of the federal Internal Revenue Code; to define certain terms; to provide for participation; to provide for limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, so as to provide that the State Personnel Board shall establish and administer a special pay plan qualified under Section 401(a) of the federal Internal Revenue Code; to define certain terms; to provide for participation; to provide for limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, is amended by inserting at the end thereof a new Code section to read as follows:
"45-18-37. (a) As used in this Code section, the term:
(1) 'Special compensation' means compensation for terminal leave and such other compensation as the State Personnel Board deems appropriate under federal regulations. (2) 'Special pay plan' means a qualified retirement plan under Section 401(a) of the federal Internal Revenue Code, 26 U.S.C. Section 401(a), which reduces federal tax obligations on special compensation. (3) 'State employee' means any person, whether appointed or elected, who provides services for the state, including any state authority authorized to participate in the Employees Retirement System of Georgia under Chapter 2 of Title 47.

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(4) 'Terminal leave' means accrued and unused annual leave which has not been forfeited at the time of a state employees separation from service, not to exceed 360 hours. (b) The State Personnel Board shall establish and administer a special pay plan for the deferred payment of special compensation which reduces the federal tax obligation upon such payments. Such plan shall become effective not later than July 1, 2005. Participation in such plan shall be mandatory for all retiring and terminating state employees age 55 and older whose compensation for terminal leave equals $1,000.00 or more. Payment options from the plan shall include, at a minimum, a lump sum payment to the employee within seven days after payments are made into the plan on his or her behalf in an amount equal to the entire amount of special compensation with earnings thereon, less any mandatory income tax withholding. The board may contract with any company qualified to do business in this state to provide such benefits. (c) Nothing in this Code section shall be construed so as to affect benefits under Chapter 2 of Title 47."
SECTION 2. 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 Anderson
Y Ashe Y Bannister
Barnard Y Barnes
Beasley-Teague Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Brooks E Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G

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

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

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

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

Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas
Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree
Henson Y Hill, C

Lucas Y Lunsford
Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee McCall McClinton Y Millar Y Mills

Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

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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 E Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 140, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Lane of the 101st 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.

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR WEDNESDAY, MARCH 31, 2004

Mr. Speaker and Members of the House:

Your Committee on Rules has met and submits the following supplemental to the calendar already adopted this March 31, 2004, by adding the following:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 1370
HR 1459
HR 1474 HR 1579

House Protection from the Dangers of Methamphetamine Manufacture Study Committee; create House Agricultural Research, Extension, and Teaching Programs Study Committee; create House Trauma Network Study Committee; create House Solid Waste Management Study Committee; create

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HR 1679 House Study Committee on Truck and Highway Safety; create

DEBATE CALENDAR

SB 469 SB 485
SR 580
SR 595

Child molestation; monitoring of defendant; add. punishment for offense Georgia Medical Center Authority; establishment; administrative assignment CA: Sales tax; educational purposes; change certain imposition requirements CA; Marriage; no union between same sex is recognized by the state

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

SR 580. By Senator Cagle of the 49th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes may also be imposed in whole or in part for maintenance and operation of public schools with an equivalent millage rate reduction; to change certain imposition requirements; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION
Proposing an amendment to the Constitution so as to change the imposition and distribution requirements of the sales and use tax for educational purposes in cases involving county and independent school systems; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article VIII, Section VI of the Constitution is amended by striking subparagraphs (a) and (g) of Paragraph IV and inserting in their place new subparagraphs (a) and (g), respectively, to read as follows:
"(a)(1) The board of education of each school district in a county in which no independent school district is located may by resolution and the board of education of each county school district and the board of education of each independent school district located within such county may by concurrent resolutions impose, levy, and collect a sales and use tax for educational purposes of such school districts conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon. (2) The board of education of each county school district and the board of education of each independent school district located within such county may by concurrent resolutions impose, levy, and collect a sales and use tax for educational purposes of such school districts conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon. Such concurrent resolution shall only be required with respect to an independent school district, located wholly or partially in the county, when at least 25 percent of the total student enrollment of such independent school district is within such county. If less than 25 percent of the total student enrollment of such independent school district is in a county, no concurrent resolution shall be required of that independent school district and the board of education of that county may levy the tax under the requirements of subparagraph (a)(1) of this Paragraph; provided, however, that such independent school district shall receive a share of the proceeds pursuant to subparagraph (g) of this Paragraph." "(g) The net proceeds of the tax shall be distributed between the county school district and the independent school districts, or portion thereof, located in such county according to the ratio the student enrollment in each school district, or portion thereof, bears to the total student enrollment of all school districts in the county or upon such other formula for distribution as may be authorized by local law."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to change the imposition and distribution requirements of the sales and use tax for educational
( ) NO purposes in cases involving county and independent school systems?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote

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"No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.

On the adoption of the Resolution, 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
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks E Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister N Butler Y Campbell Y Casas
Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y 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 Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A 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
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford
Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y 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 Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson
Stokes Stoner Y Teilhet Y Teper Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates Coleman, Speaker

On the adoption of the Resolution, by substitute, the ayes were 157, nays 3.

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The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Representative Stokes of the 72nd 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.

HR 1679. By Representative Gardner of the 42nd, Post 3:
A RESOLUTION creating the House Study Committee on Truck and Highway Safety; and for other purposes.

The following Committee substitute was read:

A RESOLUTION
Creating the House Study Committee on Truck and Highway Safety; and for other purposes.
WHEREAS, in the past ten years, over 15,000 people have lost their lives in this state in motor vehicle crashes; and
WHEREAS, Georgia has been in the top five states for the past five years for fatalities in motor vehicle crashes involving large trucks; and
WHEREAS, crash data was recently released by the Georgia Department of Motor Vehicle Safety, the most recent data pertaining to 2001; and
WHEREAS, in 2001, 1,656 people were killed in motor vehicle crashes in this state compared with 549 murders in the same time period; and
WHEREAS, in 2001, 132,284 people were injured in motor vehicle crashes in Georgia, of these 5,927 people received serious, incapacitating injuries such as traumatic head injuries, paralysis, and internal bleeding; and
WHEREAS, Georgia's population has grown dramatically in the past decade and with the growth in population has come an increase in drivers, vehicles, miles traveled, and crashes; and

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WHEREAS, the top contributing factors to crashes are following too closely, failing to yield, losing control of the vehicle, and unsafe or illegal speed; and
WHEREAS, in fatal crashes, the top contributing factors are losing control of the vehicle, alcohol or drug impairment, and unsafe or illegal speed; and
WHEREAS, in Georgia in 2001, one out of six fatalities occurred in a crash involving a large truck; and
WHEREAS, in almost 60 percent of the fatal crashes involving large trucks, the point of impact was the front of the large truck; and
WHEREAS, of the fatalities that occurred in crashes involving at least one large truck, 85 percent of the people killed were occupants of the smaller vehicle compared with 15 percent for the large truck occupants; and
WHEREAS, this enormous loss of life and infliction of serious injury impacts not only the health of our people, but the well-being of our families through the loss or injury of parents and children and the resulting effects of such loss on the family unit; and
WHEREAS, these crashes also impact the health of the economy of this state through lost productivity as a result of lost earnings, lost work, financial hardship, and traffic congestion.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Truck and Highway Safety to be composed of four members of the House of Representatives to be appointed by the Speaker of the House of Representatives and four members of the House of Representatives to be appointed by the chairperson of the House Committee on Motor Vehicles. The chairperson of the House Committee on Motor Vehicles shall serve as chairperson of the committee. The committee shall meet at the call of the chairperson.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems set forth in this resolution and may recommend any actions or legislation which the committee deems appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives. In the event the committee makes a report of its findings and recommendations, with

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suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2004. The committee shall stand abolished on December 31, 2004.

The following amendment was read and adopted:

Representatives Gardner of the 42nd, Post 3, Porter of the 118th and Smyre of the 111th move to amend the Committee substitute to HR 1679 by striking lines 13 through 19 of page 2 and inserting in their place the following:
"NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Truck and Highway Safety to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker of the House of Representatives shall designate a member of the House of Representatives who shall serve as chairperson of the committee. The committee shall meet at the call of the chairperson."

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, as amended

On the adoption of the Resolution, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks E Broome Y Brown E Bruce

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin

Y Hill, C.A 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
Joyce Y Keen N Knox

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell

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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper

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Y Buck Y Buckner, D
Buckner, G Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K
Heath Y Heckstall Y Hembree Y Henson N Hill, C

Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

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

Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, by substitute, as amended, the ayes were 164, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.

SB 568. By Senators Balfour of the 9th, Collins of the 6th, Shafer of the 48th, Brush of the 24th, Hall of the 22nd and others:
A BILL to be entitled an Act to amend Chapter 15 of Title 12 of the Official Code of Georgia Annotated, relating to sewage holding tanks, so as to provide for regulation of removal, transport, and disposal of certain waste removed from grease interceptors, sand traps, oil-water separators, or grit traps that are not connected to on-site sewage management systems; to define certain terms; to provide for rules and regulations; to provide for enforcement; to provide penalties for violations; to provide for more restrictive local ordinances; to provide for related editorial revisions; to repeal conflicting laws; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe

Y Day Y Dean Y Deloach

Y Hill, C.A Hill, V
Y Hines

Y Mitchell Y Mobley Y Moraitakis

Y Sholar Y Sims Y Sinkfield

WEDNESDAY, MARCH 31, 2004

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 E Broome Y Brown E Bruce
Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

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

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

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

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

On the passage of the Bill, the ayes were 160, nays 4. The Bill, having received the requisite constitutional majority, was passed.

Representative Forster of the 3rd, Post 1 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.

SB 608. By Senator Shafer of the 48th:
A BILL to be entitled an Act to amend Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to provide for the use of national standards for quality certification in the grant, maintenance, denial, or revocation of certificates of authority to health

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maintenance organizations; to provide for related matters; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

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

On the passage of the Bill, 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
Brooks E Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

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

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

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y 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 Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y 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 Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 31, 2004

2977

HR 1459. By Representatives Purcell of the 122nd, Ray of the 108th, James of the 114th and Royal of the 140th:
A RESOLUTION creating the House Agricultural Research, Extension, and Teaching Programs Study Committee; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION
Creating the House Agricultural Research, Extension, and Teaching Programs Study Committee; and for other purposes.
WHEREAS, agriculture and forestry constitute a substantial portion of Georgias economy, are important to every county, area, and region of the state, and comprise major components of the tax base of many counties; and
WHEREAS, Georgia is blessed with many assets such as good farmers; an excellent natural resource base including soil, water, and climate; outstanding transportation and communication systems; enlightened and progressive agribusinesses; and research, teaching, and extension programs that all contribute to successful agriculture and forestry industries; and
WHEREAS, the University of Georgia College of Agricultural and Environmental Sciences, the Fort Valley State University College of Agriculture, Home Economics, and Allied Programs, and the Abraham Baldwin Agricultural College Division of Agriculture and Forest Resources and Family and Consumer Sciences have the responsibilities of teaching students in agricultural and environmental sciences, conducting research in the Georgia Agricultural Experiment Stations, and transmitting information, knowledge, and technology learned through research to farmers and others throughout the state through the Georgia Cooperative Extension Service; and
WHEREAS, 4-H and youth programs conducted by the respective colleges provide opportunities and experiences that enrich the lives of young people throughout the state; and
WHEREAS, research and extension programs in the University of Georgia College of Family and Consumer Sciences, supported by the Georgia Agricultural Experiment Stations and Georgia Cooperative Extension Service, strengthen families throughout the state; and

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WHEREAS, research and extension programs in the University of Georgia D. B. Warnell School of Forest Resources, supported through the Georgia Agricultural Experiment Stations and Georgia Cooperative Extension Service, provide information, knowledge, and technology that ensure the sustainability and success of Georgias forestry industry; and
WHEREAS, an extension program in the University of Georgia College of Veterinary Medicine, supported by the Georgia Cooperative Extension Service, contributes greatly to the animal industries of Georgia; and
WHEREAS, funding for support of agricultural research and extension programs has been dramatically reduced since 1991, resulting in major reductions in capacity to conduct research and deliver information; and
WHEREAS, the reduction of funding has resulted in a loss of over 400 personnel devoted to these programs in the University of Georgia College of Agricultural and Environmental Sciences; and
WHEREAS, the reduction of funding has resulted also in a loss of personnel in the College of Agriculture, Home Economics, and Allied Programs at Fort Valley State University; and
WHEREAS, information, knowledge, and technology are becoming increasingly important in ensuring the sustainability and success of agriculture; and
WHEREAS, the state has failed to provide an adequate match for federal funds for agricultural research and extension through the Cooperative State Research, Education, and Extension Service; and
WHEREAS, the 1995 and 1996 Reports of the Governors Science and Technology Advisory Council recommended enhanced support for agricultural research and extension programs; and
WHEREAS, the future economic viability of the State of Georgia is dependent upon successful agriculture and forestry industries; and
WHEREAS, the people served by such programs continue to expect the services provided previously; and
WHEREAS, there are major inequities in funding for health insurance, maintenance and operations, repair, and rehabilitation for these programs.

WEDNESDAY, MARCH 31, 2004

2979

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Agricultural Research, Extension, and Teaching Programs Study Committee to be composed of not more than seven members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2004. The committee shall stand abolished on December 1, 2004.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.

On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks E Broome

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar
Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd

Hill, C.A Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Joyce

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q
Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter

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 N Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner

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Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper
Harrell N Heard, J Y Heard, K
Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

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

Y Teilhet Y Teper
Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White
Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, by substitute, the ayes were 158, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Representative Forster of the 3rd, Post 1 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.

HR 1474. By Representatives Skipper of the 116th, Porter of the 119th, Dodson of the 84th, Post 1, Smyre of the 111th and Childers of the 13th, Post 1:
A RESOLUTION creating the House Trauma Network Study Committee; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe

Y Day Y Dean Y Deloach

Y Hill, C.A Hill, V
Y Hines

Y Mitchell Y Mobley Y Moraitakis

Y Sholar Y Sims Y Sinkfield

WEDNESDAY, MARCH 31, 2004

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

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

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

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

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

On the adoption of the Resolution, the ayes were 166, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

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.

SB 469. By Senators Dean of the 31st, Jackson of the 50th, Butler of the 55th and Hooks of the 14th:
A BILL to be entitled an Act to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to provide the court with an additional punishment tool for the offenses of child molestation and aggravated child molestation; to

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provide for the Department of Corrections authority over the defendant; to provide for fees related to monitoring; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 42-8-35 of the Official Code of Georgia Annotated, relating to terms and conditions of probation, so as to provide the court with additional punishment tools for the criminal offenses against a victim who is a minor; to provide for fees related to monitoring; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 42-8-35 of the Official Code of Georgia Annotated, relating to terms and conditions of probation, is amended by striking the Code section and inserting in lieu thereof the following:
"42-8-35. (a) The court shall determine the terms and conditions of probation and may provide that the probationer shall:
(1) Avoid injurious and vicious habits; (2) Avoid persons or places of disreputable or harmful character; (3) Report to the probation supervisor as directed; (4) Permit the supervisor to visit him the probationer at his the probationers home or elsewhere; (5) Work faithfully at suitable employment insofar as may be possible; (6) Remain within a specified location; (7) Make reparation or restitution to any aggrieved person for the damage or loss caused by his the probationers offense, in an amount to be determined by the court. Unless otherwise provided by law, no reparation or restitution to any aggrieved person for the damage or loss caused by his the probationers offense shall be made if the amount is in dispute unless the same has been adjudicated; (8) Make reparation or restitution as reimbursement to a municipality or county for the payment for medical care furnished the person while incarcerated pursuant to the provisions of Article 3 of Chapter 4 of this title. No reparation or restitution to a local governmental unit for the provision of medical care shall be made if the amount is in dispute unless the same has been adjudicated;

WEDNESDAY, MARCH 31, 2004

2983

(9) Repay the costs incurred by any municipality or county for wrongful actions by an inmate covered under the provisions of paragraph (1) of subsection (a) of Code Section 42-4-71; (10) Support his the probationers legal dependents to the best of his the probationers ability; (11) Violate no local, state, or federal laws and be of general good behavior; and (12) If permitted to move or travel to another state, agree to waive extradition from any jurisdiction where he the probationer may be found and not contest any effort by any jurisdiction to return him the probationer to this state. (b) In determining the terms and conditions of probation for a probationer who has been convicted of a criminal offense against a victim who is a minor as that phrase is defined in subparagraph (a)(4)(B) of Code Section 42-1-12, the court may provide that the probationer shall be: (1) Prohibited from entering or remaining present at a victims school, place of employment, place of residence, or other specified place at times when a victim is present or from entering or remaining present in areas where minors congregate, child care facilities, or schools as those terms are defined in subsection (a) of Code Section 42-1-13; and (2) Required to wear a device capable of tracking the location of the probationer by means including electronic surveillance or global positioning systems. Unless the probationer is indigent, the department shall assess and collect fees from the probationer for such monitoring at levels set by regulation by the department."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Powell of the 23rd, was read:

A BILL
To amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, and Code Section 42-8-35, relating to terms and conditions of probation, so as to provide for utilization of electronic monitoring devices for probation and an offense related to interfering with such device; to provide for legislative findings; to create a new offense for interfering with electronic monitoring devices; to provide the court with additional punishment tools for the criminal offenses against a victim who is a minor; to provide for fees related to monitoring; to provide for penalties; to provide a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. The General Assembly finds that the safety of the public is a paramount concern and that prison and jail overcrowding and the high cost of incarceration demand a cost effective and innovative approach to protecting communities from dangerous offenders while at the same time providing alternatives to, or bridges to and from incarceration. Under appropriate conditions and limitations, electronic monitoring devices provide the criminal justice system with a tool that should be considered under proper circumstances. Electronic monitoring devices offer effective means to track individuals and may reduce criminal recidivism as well as provide the state with monetary savings since the cost of an electronic monitoring device is far less than the cost of incarcerating an individual and an individual may be able to pay for the device. The criminal penalties provided by this Act are designed to encourage the use of electronic monitoring devices while at the same time discourage interference with these devices.
SECTION 2. Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, is amended by adding a new Code Section 167-29, to read as follows:
"16-7-29. (a) It shall be unlawful for any person to knowingly and without authority remove, destroy, or circumvent the operation of an electronic monitoring device which is being used for the purpose of monitoring a person who is:
(1) Complying with a home arrest program as set forth in Code Section 42-1-8; (2) Wearing an electronic monitoring device as a condition of bond or pretrial release; (3) Wearing an electronic monitoring device as a condition of probation; or (4) Wearing an electronic monitor as a condition of parole. (b) It shall be unlawful for any person to knowingly and without authority request or solicit any other person to remove, destroy, or circumvent the operation of an electronic monitoring device which is being used for the purposes described in subsection (a) of this Code section. (c) For purposes of this Code section, the term 'electronic monitoring device' shall include any device that is utilized to track the location of a person. (d) Any person who violates this Code section shall be guilty of the offense of tampering with the operation of an electronic monitoring device and shall be punished by imprisonment for not less than one nor more than 5 years."
SECTION 3. Code Section 42-8-35 of the Official Code of Georgia Annotated, relating to terms and conditions of probation, is amended by striking the Code section and inserting in lieu thereof the following:
"42-8-35. (a) The court shall determine the terms and conditions of probation and may provide that the probationer shall:

WEDNESDAY, MARCH 31, 2004

2985

(1) Avoid injurious and vicious habits; (2) Avoid persons or places of disreputable or harmful character; (3) Report to the probation supervisor as directed; (4) Permit the supervisor to visit him the probationer at his the probationers home or elsewhere; (5) Work faithfully at suitable employment insofar as may be possible; (6) Remain within a specified location; (7) Make reparation or restitution to any aggrieved person for the damage or loss caused by his the probationers offense, in an amount to be determined by the court. Unless otherwise provided by law, no reparation or restitution to any aggrieved person for the damage or loss caused by his the probationers offense shall be made if the amount is in dispute unless the same has been adjudicated; (8) Make reparation or restitution as reimbursement to a municipality or county for the payment for medical care furnished the person while incarcerated pursuant to the provisions of Article 3 of Chapter 4 of this title. No reparation or restitution to a local governmental unit for the provision of medical care shall be made if the amount is in dispute unless the same has been adjudicated; (9) Repay the costs incurred by any municipality or county for wrongful actions by an inmate covered under the provisions of paragraph (1) of subsection (a) of Code Section 42-4-71; (10) Support his the probationers legal dependents to the best of his the probationers ability; (11) Violate no local, state, or federal laws and be of general good behavior; and (12) If permitted to move or travel to another state, agree to waive extradition from any jurisdiction where he the probationer may be found and not contest any effort by any jurisdiction to return him the probationer to this state. (b) In determining the terms and conditions of probation for a probationer who has been convicted of a criminal offense against a victim who is a minor as that phrase is defined in subparagraph (a)(4)(B) of Code Section 42-1-12, the court may provide that the probationer shall be: (1) Prohibited from entering or remaining present at a victims school, place of employment, place of residence, or other specified place at times when a victim is present or from entering or remaining present in areas where minors congregate, child care facilities, or schools as those terms are defined in subsection (a) of Code Section 42-1-13; and (2) Required to wear a device capable of tracking the location of the probationer by means including electronic surveillance or global positioning systems. Unless the probationer is indigent, the department shall assess and collect fees from the probationer for such monitoring at levels set by regulation by the department."
SECTION 4. This Act shall become effective on January 1, 2005.

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SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Jamieson of the 22nd and Hudson of the 95th move to amend the Floor substitute to SB 469 as follows:
By adding on Page 3, Line 33:
(3) Prohibited from seeking election to a local board of education
and renumbering Section 4 accordingly.

The Floor substitute, as amended, was adopted.

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

On the passage of the Bill, by substitute, as amended, 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
Birdsong Y Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brock Y Brooks E Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G

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

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

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

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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson

Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, MARCH 31, 2004

Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Lucas Lunsford
Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Reece, B Y Reece, S Y Rice Y Richardson 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 Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix
Yates Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Jenkins of the 93rd 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.

The following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
SB 253. By Senators Hudgens of the 47th and Kemp of the 46th:
A BILL to be entitled an Act to amend Code Section 47-3-68 of the Official Code of Georgia Annotated, relating to membership of eligible university system employees in the Teachers Retirement System of Georgia, so as to provide that certain university system employees may elect membership in the optional retirement plan provided for in Chapter 21 of Title 47; to provide conditions; to provide for the transfer of employer and employee contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

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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 E Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

Y Hill, C.A 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
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Thomas, A.M Y Thompson Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Yates Coleman, Speaker

On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HR 1370. By Representatives Reece of the 11th, Snow of the 1st, Teper of the 42nd, Post 1, Jamieson of the 22nd, Childers of the 13th, Post 1 and others:
A RESOLUTION creating the House Protection from the Dangers of Methamphetamine Manufacture Study Committee; and for other purposes.

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The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Amerson 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 Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers
Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar
Dooley Y Douglas Y Drenner
Dukes Y 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 Y Harbin Y Harper Y Harrell N Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree
Henson N Hill, C

Y Hill, C.A Y Hill, V
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
Joyce Keen N Knox Y Lane Y Lewis Y Lord Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Mitchell Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix
Yates Coleman, Speaker

On the adoption of the Resolution, the ayes were 157, nays 4. The Resolution, having received the requisite constitutional majority, was adopted.

SR 787. By Senator Stephens of the 51st:

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A RESOLUTION designating the Michael B. Mundy Memorial Bridge; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Amerson 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 Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

Y 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 Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 169, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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HR 1579. By Representatives Hudson of the 95th, Porter of the 119th, Douglas of the 73rd, Drenner of the 57th, Hanner of the 133rd and others:
A RESOLUTION creating the House Solid Waste Management Study Committee; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, 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 Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming
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
Hanner Y Harbin Y Harper Y Harrell Y Heard, J
Heard, K Y Heath Y Heckstall
Hembree Y Henson N Hill, C

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

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M
O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

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On the adoption of the Resolution, the ayes were 162, nays 4. The Resolution, having received the requisite constitutional majority, was adopted.

SB 423. By Senator Henson of the 41st:
A BILL to be entitled an Act to amend Code Section 12-3-193 of the Official Code of Georgia Annotated, relating to the members of the Stone Mountain Memorial Association, so as to provide that one member must be a resident of the Stone Mountain area and one member must have a degree or background in botany; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following amendment was read:

Representative Henson of the 55th moves to amend SB 423 by inserting after "botany;" on line 4 on page 1 "to provide that one member shall be appointed by the Speaker of the House of Representatives; to provide that one member shall be appointed by the Senate Committee on Assignments; to provide for the terms of office for members appointed by the Speaker of the House of Representatives and the Senate Committee on Assignments; to provide for a quorum;".
By striking lines 9 through 26 on page 1 and inserting in lieu thereof the following:
"of the Stone Mountain Memorial Association, is amended by striking subsections (a) and (d) and inserting in lieu thereof new subsections (a) and (d) to read as follows:
'(a) The association shall be composed of the commissioner of natural resources or his or her designee, one member appointed by the Speaker of the House of Representatives, one member appointed by the Senate Committee on Assignments, and eight members to be appointed by the Governor, one of whom shall be a resident of the metropolitan Atlanta Stone Mountain area and one of whom shall have a degree or background in botany. The members appointed by the Governor shall be appointed for terms of four years, with the beginning and ending dates of terms to be specified by the Governor, and until the appointment and qualification of their successors, except that the fourth member to be appointed by the Governor as provided for in this part shall be appointed for an initial term of three years and until the appointment and qualification of his or her successor, and except that the members of the association appointed by the Governor and in office on July 1, 1978 2004, shall continue in office until the expiration of the terms for which they were appointed and until the appointment and qualification of their successors, and except that the fifth member to be appointed by

WEDNESDAY, MARCH 31, 2004

2993

the Governor shall be appointed for an initial term beginning July 1, 1985, and ending December 31, 1987, and until the appointment and qualification of a successor. Appointments by the Governor to fill vacancies on the association shall be made for the unexpired term. Each member appointed by the Speaker of the House of Representatives and the Senate Committee on Assignments shall be appointed for a term of four years, with the beginning and ending dates of the term to be specified by the Speaker of the House of Representatives and the Senate Committee on Assignments, respectively, and until the appointment and qualification of his or her successors.' '(d) Any five six members of the association shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the association by this part. No vacancy on the association shall impair the right of a quorum to transact any and all business as aforesaid.'"

The following amendment was read:

Representative Franklin of the 17th moves to amend the Henson amendment to SB 423 as follows:
On page 1, line 14 after "area" add:
", one of whom shall be a member of the Sons of Confederate Veterans,".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Beasley-Teague N Benfield Y Birdsong Y Black Y Boggs N Bordeaux
Borders Y Bridges Y Brock N Brooks Y Broome

Y Day N Dean N Deloach N Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart Y Elrod N Epps Y Fleming N Floyd, H Y Floyd, J N Fludd

N Hill, C.A N Hill, V Y Hines N Holmes Y Houston N Howard Y Howell N Hudson N Hugley N Jackson N James N Jamieson Y Jenkins, C Y Jenkins, C.F
Jones N Jordan Y Joyce

N Mitchell N Mobley N Moraitakis
Morris N Mosby Y Mosley Y Murphy, J N Murphy, Q N Noel Y Oliver, B N Oliver, M Y O'Neal
Orrock N Parham
Parrish Y Parsons
Porter

N Sholar Sims Sinkfield
N Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V N Smyre Y Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson
Stokes N Stoner

2994
Y Brown E Bruce Y Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell
Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Forster Y Franklin N Gardner Y Golick
Graves, D Y Graves, T Y Greene N Greene-Johnson
Hanner Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath N Heckstall N Hembree N Henson Y Hill, C

Y Keen Y Knox
Lane Y Lewis N Lord N Lucas
Lunsford N Maddox N Mangham
Manning N Marin Y Martin Y Massey Y Maxwell N McBee Y McCall N McClinton Y Millar Y Mills

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

On the adoption of the amendment, the ayes were 88, nays 70. The amendment was adopted.

N Teilhet N Teper N Thomas Morgan N Thomas, A.M Y Thompson
Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R E Wix
Yates Coleman, Speaker

Representative Hanner of the 133rd 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 Henson of the 55th moved that the House reconsider its action in adopting the Franklin amendment.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister N Barnard N Barnes Y Beasley-Teague Y Benfield N Birdsong Y Black N Boggs Y Bordeaux Y Borders N Bridges N Brock

N Day Y Dean N Deloach Y Dix N Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H

N Hill, C.A N Hill, V N Hines
Holmes N Houston Y Howard N Howell N Hudson Y Hugley Y Jackson Y James Y Jamieson N Jenkins, C N Jenkins, C.F N Jones

Y Mitchell Y Mobley Y Moraitakis
Morris Y Mosby N Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal
Orrock N Parham
Parrish

Y Sholar Sims Sinkfield
Y Skipper N Smith, B N Smith, L N Smith, P N Smith, T N Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson

Y Brooks Y Broome N Brown E Bruce N Buck N Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers
Channell Y Childers N Coan N Coleman, B N Cooper N Crawford N Cummings

WEDNESDAY, MARCH 31, 2004

N Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick
Graves, D N Graves, T N Greene Y Greene-Johnson
Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

N Jordan N Joyce N Keen N Knox N Lane N Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham
Manning Y Marin N Martin N Massey N Maxwell Y McBee N McCall
McClinton N Millar N Mills

N Parsons Porter
N Powell N Purcell N Ralston Y Randall N Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. N Royal N Rynders Y Sailor N Scott Y Shaw N Sheldon

On the motion, the ayes were 65, nays 97. The motion was lost.

2995
Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M N Thompson Y Walker, L Y Walker, R.L N Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R E Wix
Yates Coleman, Speaker

The Henson amendment, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

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

Y Amerson N Anderson N Ashe
Bannister Y Barnard Y Barnes N Beasley-Teague
Benfield Y Birdsong
Black Y Boggs N Bordeaux Y Borders Y Bridges

Y Day N Dean Y Deloach
Dix Y Dodson Y Dollar Y Dooley Y Douglas
Drenner N Dukes Y Ehrhart Y Elrod Y Epps Y Fleming

Y Hill, C.A N Hill, V Y Hines
Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley N Jackson N James Y Jamieson Y Jenkins, C Y Jenkins, C.F

N Mitchell N Mobley Y Moraitakis Y Morris N Mosby Y Mosley Y Murphy, J N Murphy, Q N Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock Y Parham

Y Sholar Y Sims
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 N Stephens, E Y Stephens, R

2996
Y Brock N Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D
Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene N Greene-Johnson
Hanner Y Harbin Y Harper Y Harrell Y Heard, J N Heard, K Y Heath N Heckstall Y Hembree Y Henson Y Hill, C

Y Jones N Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis
Lord Lucas Y Lunsford Y Maddox N Mangham Manning Y Marin Y Martin Massey Y Maxwell Y McBee Y McCall McClinton Y Millar Y Mills

Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders N Sailor Y Scott Y Shaw Y Sheldon

N Stephenson Y Stokes Y Stoner Y Teilhet N Teper
Thomas Morgan N Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R E Wix
Yates Coleman, Speaker

On the passage of the Bill, as amended, the ayes were 127, nays 30.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Hanner of the 133rd and Massey of the 24th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 428. By Senators Lee of the 29th, Shafer of the 48th, Smith of the 52nd and Brush of the 24th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change penalties for failure to comply with compulsory attendance requirements; to amend Code Section 40-5-22, relating to persons not to be issued a drivers license, school attendance requirements, and driving training requirements, so as to eliminate permission of a students parent or guardian as exceptions to the school attendance requirements to obtain a drivers license; to provide for additional offenses to prohibit a suspended student from maintaining a drivers license; to provide conditions for reinstatement of drivers licenses and permits for suspended students; to

WEDNESDAY, MARCH 31, 2004

2997

provide for an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to delay the implementation of the Georgia Academic Placement and Promotion Policy for third graders for one year; to provide for testing policies and procedures for the 2003-2004 school year; to provide for remedial instruction, retesting, reports, and reporting subsequent test results separately for certain students who fail the reading assessment in 2004; to conform a provision in the compulsory attendance law to other provisions; to change penalties for failure to comply with compulsory attendance requirements; to provide for written summaries of penalties and consequences of failure to comply with compulsory attendance requirements; to provide for student attendance protocols and their contents and dissemination; to provide for student attendance protocol committees and their membership and duties; to provide for designation of school employees as attendance officers; to change the authority of attendance officers; to provide for immunity of attendance officers; to provide that peace officers assigned to schools shall have the authority of attendance officers; to require school principals to support the authority of teachers to remove certain students from a classroom; to revise the definition of "disciplinary orders" to include those from private schools and out-of-state schools; to provide for notice to additional school personnel of a students conviction of or adjudication as guilty of a designated felony; to provide for additional requirements for student codes of conduct; to eliminate the requirement that local boards of education submit a copy of their student codes of conduct to the State Board of Education; to provide that local board policies require local school superintendents to support the authority of principals and teachers to remove certain students from a classroom; to provide that state policy prefers reassignment of disruptive students to alternative educational settings rather than suspension or expulsion; to change certain provisions relating to suspending students for committing acts of physical violence to conform to other Code sections; to revise certain provisions relating to disciplinary hearings by a disciplinary hearing officer, panel, or tribunal; to require that all disciplinary hearings be held within a certain time after the beginning of a students suspension; to provide for exceptions; to provide for notice to any teacher who is called as a witness for a disciplinary hearing; to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be issued a drivers license, school attendance requirements, and driving training requirements, so as to provide for an additional exception to school attendance requirements to obtain a drivers license for a minor pursuing a general educational development diploma; to provide for additional

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offenses to prohibit a suspended student from maintaining a drivers license; to provide conditions for reinstatement of drivers licenses and permits for suspended students; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-285, relating to the timetable for implementation of the promotion policy, and inserting in lieu thereof new Code Sections 20-2-285 and 20-2-285.1 to read as follows:
"20-2-285. The State Board of Education shall provide for a timetable of implementation of this Code section and the Georgia Academic Placement and Promotion Policy which shall include:
(1) The third grade beginning with the 2003-2004 2004-2005 school year; (2) The fifth grade beginning with the 2004-2005 school year; and (3) The eighth grade beginning with the 2005-2006 school year.
20-2-285.1. (a) This Code section will apply to students tested with the third grade criterionreferenced reading assessment in the 2003-2004 school year only. (b) The third grade criterion-referenced reading assessment shall be given as required by other provisions of this chapter, but results of the test shall not be used in any way in determining whether any student shall be promoted or retained at the end of the 20032004 school year. Other promotional standards and criteria established by the State Board of Education and the local school board, including but not limited to academic performance, shall be the basis for placement decisions for the 2003-2004 school year. (c) Each school system shall provide remedial instruction for each student who does not pass the third grade criterion-referenced reading assessment. Each school system shall report to the Department of Education the number of students not passing the third grade criterion-referenced reading assessment and the remedial instruction provided to such students. (d) Each school system shall retest each student who does not pass the third grade criterion-referenced reading assessment. Each school system shall report to the Department of Education the number of students who pass and fail when tested for the second time. Each school system shall develop a plan of remedial instruction for each student who does not pass the test the second time, whether the student is in the third grade or the fourth grade for the 2004-2005 school year. Each school system shall report such plans for remedial instruction to the Department of Education during the first month of the 2004-2005 school year.

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(e) When reporting the results for criterion-referenced reading assessments in 2005 to the Department of Education, each school system shall report test results for students who failed the third grade reading assessment in the 2003-2004 school year separately. (f) The Department of Education shall report to the General Assembly on the results of the third grade criterion-referenced tests in the 2003-2004 school year, remedial instruction for students, students who failed the reading assessment a second time, remedial instruction for such students, and subsequent test results for students who failed the reading assessment once or twice."
SECTION 2. Said chapter is further amended by striking subsections (a) and (b) of Code Section 20-2690.1, relating to mandatory education for children, and inserting in lieu thereof the following:
"(a) Every parent, guardian, or other person residing within this state having control or charge of any child or children between their sixth seventh and sixteenth birthdays shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program; and such child shall be responsible for enrolling in and attending a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program under such penalty for noncompliance with this subsection as is provided in Chapter 11 of Title 15, unless the childs failure to enroll and attend is caused by the childs parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be responsible; provided, however, that tests and physical exams for military service and the National Guard and such other approved absences shall be excused absences. The requirements of this subsection shall apply to a child between his or her seventh and sixteenth birthdays who has been assigned by a local board of education or its delegate to attend an alternative public school program established by that local board of education, including an alternative public school program provided for in Code Section 20-2154.1, regardless of whether such child has been suspended or expelled from another public school program by that local board of education or its delegate, and to the parent, guardian, or other person residing in this state who has control or charge of such child. Nothing in this Code section shall be construed to require a local board of education or its delegate to assign a child to attend an alternative public school program rather than suspending or expelling the child. (b) Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who shall violate this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed not less than $25.00 and not greater than $100.00, or imprisonment not to exceed 30 days, community service, or both any combination of such penalties, at the discretion of the court having jurisdiction. Each days absence from school in violation of this part after the childs school system notifies the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence for a child shall constitute a

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separate offense. After two reasonable attempts to notify the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence without response, the school system shall send a notice by certified mail, return receipt requested. Public schools shall provide to the parent, guardian, or other person having control or charge of each child enrolled in public school a written summary of possible consequences and penalties for failing to comply with compulsory attendance under this Code section for children and their parents, guardians, or other persons having control or charge of children. The parent, guardian, or other person who has control or charge of a child or children shall sign a statement indicating receipt of such written statement of possible consequences and penalties; children who are age ten years or older by September 1 shall sign a statement indicating receipt of such written statement of possible consequences and penalties. After two reasonable attempts by the school to secure such signature or signatures, the school shall be considered to be in compliance with this subsection if it sends a copy of the statement, via certified mail, return receipt requested, to such parent, guardian, other person who has control or charge of a child, or child. Public schools shall retain signed copies of statements through the end of the school year."
SECTION 3. Said chapter is further amended by inserting a new Code section to be designated Code Section 20-2-690.2 to read as follows:
"20-2-690.2. (a) The chief judge of the superior court of each county shall establish a student attendance protocol committee for its county. The purpose of the committee shall be to ensure coordination and cooperation among officials, agencies, and programs involved in compulsory attendance issues, to reduce the number of unexcused absences from school, and to increase the percentage of students present to take tests which are required to be administered under the laws of this state. The chief judge is responsible for ensuring that all members of the committee are notified of their responsibility to the committee and shall call the first meeting of the committee in each county. The committee shall elect a chairperson and may elect other officers. (b) Each local board of education shall participate in and consider the recommendations of the committee as provided in this Code section. Independent school systems may participate in the committee in the county in which such systems are located. Independent school systems whose geographic area encompasses more than one county may select one of such counties in which to participate. An independent school system that elects not to participate in the committee of the county where it is located shall request that the chief judge of the superior court of a county where it is located establish an independent student attendance protocol committee in the same manner as established for such county. (c) Each of the following agencies, officials, or programs shall designate a representative to serve on the committee:
(1) The chief judge of the superior court;

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(2) The juvenile court judge or judges of the county; (3) The district attorney for the county; (4) The solicitor-general of state court, if the county has a state court; (5) The Department of Juvenile Justice, which may include representatives from area youth detention centers or regional youth detention centers; (6) The superintendent of each public school system in the county that is participating and at least one certificated school employee selected by each such superintendent; (7) The sheriff of the county; (8) The chief of police of the county police department, if the county has a county police department; (9) The chief of police of each municipal police department in the county; (10) The county department of family and children services; (11) The county board of health; (12) The county mental health organization; (13) The county Family Connection commission, board, or authority, or other county agency, board, authority, or commission having the duty and authority to study problems of families, children, and youth and provide services to families, children, and youth; (14) The court approved community based risk reduction program established by the juvenile court in accordance with Code Section 15-11-10, if such a program has been established; and (15) Each public school system in the county that is participating shall designate a certificated school social worker, if any is employed by the system. (d) The committee thus established may appoint such additional members as necessary and proper to accomplish the purposes of the committee. (e) Each committee shall, by January 1, 2005, adopt a written student attendance protocol for its county school system and for each participating independent school system within its geographic boundaries which shall be filed with the Department of Education. The protocol shall outline in detail the procedures to be used in identifying, reporting, investigating, and prosecuting cases of alleged violations of Code Section 202-690.1, relating to mandatory school attendance. The protocol shall outline in detail methods for determining the causes of failing to comply with compulsory attendance and appropriately addressing the issue with truant children and their parents or guardians. The protocol shall also include recommendations for policies relating to tardiness. The Department of Education shall provide model school attendance protocols, if requested by the committee. (f) A copy of the protocol shall be furnished to each agency, official, or program within the county that has any responsibility in assisting children and their parents or guardians in complying with Code Section 20-2-690.1. (g) The committee shall write the summary of possible consequences and penalties for failing to comply with compulsory attendance under Code Section 20-2-690.1 for children and their parents, guardians, or other persons who have control or charge of children for distribution by schools in accordance with Code Section 20-2-690.1. The

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summary of possible consequences for children shall include possible dispositions for unruly children and possible denial or suspension of a drivers license for a child in accordance with Code Section 40-5-22. (h) The committee shall continue in existence after writing the student attendance protocol. The chief judge of the superior court of each county shall ensure that the committee meets at least quarterly to evaluate compliance with the protocol, effectiveness of the protocol, and appropriate modifications. (i) Each local board of education shall report student attendance rates to the committee and the State Board of Education at the end of each school year, according to a schedule established by the State Board of Education."
SECTION 4. Said chapter is further amended by striking Code Section 20-2-695, relating to attendance officers, and inserting in lieu thereof the following:
"20-2-695. (a) A local board of education may employ an attendance officer or attendance officers in addition to a visiting teacher or visiting teachers. Such an attendance officer must be paid wholly from local funds of the local board unless state funds are specifically appropriated for purposes of employment of attendance officers, in which case state funds may be used to the extent so appropriated. Attendance officers shall not be required to qualify under rules and regulations promulgated by the Professional Standards Commission for the certification of visiting teachers. (a.1) A local board of education may designate one or more school employees as an attendance officer or attendance officers; provided, however, no certificated employee shall be required to serve as an attendance officer. Such school employees designated as attendance officers shall have the duties and authority of attendance officers defined in this subpart. (b) The authority and duties of any attendance officer so appointed by a local board of education shall include:
(1) The duty to cooperate with state agencies, make monthly reports to that officers school superintendent, and comply with state and local rules as provided in Code Section 20-2-696; (2) The authority to receive cooperation and attendance reports from that officers school system as provided for in Code Section 20-2-697; (3) When specifically authorized by the appointing local board of education, the The authority to assume temporary custody of children absent from school for the purpose of delivering the child to school or to the parent, guardian, or other person who has control or charge of the child, or if the child has been adjudged delinquent or unruly, to the probation officer of the county having jurisdiction over the child in the same manner as authorized for peace officers under Code Sections 20-2-698 through 20-2700; and any attendance officer so authorized by the appointing local board of education shall, when engaged in such function, have the same duties, authority, rights, privileges, and immunities as applicable to a peace officer engaged in such

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function, provided that the same shall not extend to the carrying of a weapon unless the attendance officer holds a valid certification as a peace officer from the Georgia Peace Officer Standards and Training Council; (4) The duty to report children absent from school to the juvenile court or other court having jurisdiction as provided for in Code Section 20-2-701; and (5) Such other authority and duties as may be provided by law or as may be provided by the appointing local board of education in conformity with law. (c) Attendance officers and school employees designated as attendance officers pursuant to subsection (a.1) of this Code section, when acting in their official capacity, shall be immune from criminal or civil liability for, or arising out of, any act or omission concerning, relating to, or resulting from their performance of duties under subsection (b) of this Code section, except for acts or omissions of willful or wanton misconduct. (d) Any peace officer assigned to a school on a full-time or part-time basis shall have the authority of an attendance officer in addition to the authority of a peace officer."
SECTION 5. Said chapter is further amended by striking subsection (b) of Code Section 20-2-738, relating to authority of teacher over classroom, procedures following removal of student from classroom, and placement review committees, and inserting in lieu thereof the following:
"(b) On and after July 1, 2000, a A teacher shall have the authority to remove from his or her class a student who repeatedly or substantially interferes with the teachers ability to communicate effectively with the students in the class or with the ability of the students classmates to learn, where the students behavior is in violation of the student code of conduct, provided that the teacher has previously filed a report pursuant to Code Section 20-2-737 or determines that such behavior of the student poses an immediate threat to the safety of the students classmates or the teacher. Each school principal shall fully support the authority of every teacher in his or her school to remove a student from the classroom under this Code section. Each school principal shall implement the policies and procedures of the superintendent and local board of education relating to the authority of every teacher to remove a student from the classroom and shall disseminate such policies and procedures to faculty, staff, parents or guardians, and students. The teacher shall file with the principal or the principals designee a report describing the students behavior, in one page or less, by the end of the school day on which such removal occurs or at the beginning of the next school day. The principal or the principals designee shall, within one school day after the students removal from class, send to the students parents or guardians written notification that the student was removed from class, a copy of the report filed by the teacher, and information regarding how the students parents or guardians may contact the principal or the principals designee."

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SECTION 6. Said chapter is further amended by striking Code Section 20-2-751.2, relating to students subject to disciplinary orders of other school systems, and inserting in lieu thereof the following:
"20-2-751.2. (a) As used in this Code section, the term 'disciplinary order' means any order of a local school system in this state, a private school in this state, or a public school outside of this state which imposes short-term suspension, long-term suspension, or expulsion upon a student in such system or school. (b) A local board of education which has a student who attempts to enroll or who is enrolled in any school in its school system during the time in which that student is subject to a disciplinary order of any other school system is authorized to refuse to enroll or subject that student to short-term suspension, long-term suspension, or expulsion for any time remaining in that other school systems or schools disciplinary order upon receiving a certified copy of such order if the offense which led to such suspension or expulsion in the other school system or school was an offense for which suspension or expulsion could be imposed in the enrolling school. (c) A local school system or school may request of another school system or school whether any disciplinary order has been imposed by the other school system or school upon a student who is seeking to enroll or is enrolled in the requesting system or school. If such an order has been imposed and is still in effect for such student, the requested school system or private school in this state shall so inform the requesting system or school and shall provide a certified copy of the order to the requesting system or school. (d) If any school administrator determines from the information obtained pursuant to this Code section or from Code Section 15-11-28 or 15-11-80 that a student has been convicted of or has been adjudicated to have committed an offense which is a designated felony act under Code Section 15-11-63, such administrator shall so inform all teachers and other school personnel to whom the student is assigned. Such teachers and other certificated professional personnel as the administrator deems appropriate may review the information in the students file provided pursuant to this Code section that has been received from other schools or from the juvenile courts or superior courts. Such information shall be kept confidential."
SECTION 7. Said chapter is further amended by striking Code Section 20-2-751.5, relating to student codes of conduct, and inserting in lieu thereof the following:
"20-2-751.5. (a) Each student code of conduct shall contain provisions that address the following conduct of students during school hours, and at school related functions, on school buses, and at school bus stops, in a manner that is appropriate to the age of the student:
(1) Verbal assault, including threatened violence, of teachers, administrators, and other school personnel;

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(2) Physical assault or battery of teachers, administrators, and other school personnel; (3) Disrespectful conduct toward teachers, administrators, and other school personnel, including use of vulgar or profane language; (4) Verbal assault of other students; (5) Physical assault or battery of other students; (6) Disrespectful conduct toward other students, including use of vulgar or profane language; and (7) Verbal assault of, physical assault or battery of, and disrespectful conduct, including use of vulgar or profane language, toward persons attending school related functions.; (8) Failure to comply with compulsory attendance as required under Code Section 20-2-690.1; (9) Willful or malicious damage to real or personal property of the school or to personal property of any person legitimately at the school; (10) Inciting, advising, or counseling of others to engage in prohibited acts; (11) Marking, defacing, or destroying school property; (12) Possession of a weapon, as provided for in Code Section 16-11-127.1; (13) Unlawful use or possession of illegal drugs or alcohol; (14) Willful and persistent violation of the student code of conduct; and (15) Behavior which may result in removal from a classroom. (b)(1) In addition to the requirements contained in subsection (a) of this Code section, each Each student code of conduct shall include comprehensive and specific provisions prescribing and governing student conduct and safety rules on all public school buses. The specific provisions shall include but not be limited to:
(A) Students shall be prohibited from acts of physical violence as defined by Code Section 20-2-751.6, bullying as defined by subsection (a) of Code Section 20-2751.4, physical assault or battery of other persons on the school bus, verbal assault of other persons on the school bus, disrespectful conduct toward the school bus driver or other persons on the school bus, and other unruly behavior; (B) Students shall be prohibited from using any electronic devices during the operation of a school bus, including but not limited to cell phones; pagers; audible radios, tape or compact disc players without headphones; or any other electronic device in a manner that might interfere with the school bus communications equipment or the school bus drivers operation of the school bus; and (C) Students shall be prohibited from using mirrors, lasers, flash cameras, or any other lights or reflective devises in a manner that might interfere with the school bus drivers operation of the school bus. (2) If a student is found to have engaged in physical acts of violence as defined by Code Section 20-2-751.6, the student shall be subject to the penalties set forth in such Code section. If a student is found to have engaged in bullying as defined by subsection (a) of Code Section 20-2-751.4 or in physical assault or battery of another person on the school bus, the local school board policy shall require a meeting of the parent or guardian of the student and appropriate school district officials to form a

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school bus behavior contract for the student. Such contract shall provide for progressive age-appropriate discipline, penalties, and restrictions for student misconduct on the bus. Contract provisions may include but shall not be not limited to assigned seating, ongoing parental involvement, and suspension from riding the bus. This subsection is not to be construed to limit the instances when a school code of conduct or local board of education may require use of a student bus behavior contract. (3) No later than August 15, 2002, each local board of education shall send to the State Board of Education a copy of the provisions of its student code of conduct that address the items identified in paragraphs (1) and (2) of this subsection. The state board shall review such provisions to ensure that each of the items identified in paragraphs (1) and (2) of this subsection is addressed and shall notify a local board of education, no later than October 15, 2002, of any items which are not addressed in its submission to the state board. Nothing in this subsection shall be construed as authorizing or requiring the state board to review or approve the substance of the student code of conduct. (c) Local board policies relating to student codes of conduct shall provide that each local school superintendent shall fully support, including establishing and disseminating procedures, the authority of principals and teachers in the school system to remove a student from the classroom pursuant to Code Section 20-2-738. It is the policy of this state that it is preferable to reassign disruptive students to alternative educational settings rather than to suspend or expel such students from school. (c)(d) Any student handbook which is prepared by a local board or school shall include a copy or summary of the student code of conduct for that school or be accompanied by a copy of the student code of conduct for that school. If a student handbook contains a summary of the student code of conduct, then a full copy of the student code of conduct shall be made available for review at the school. When distributing a student code of conduct, a local school shall include a form on which the students parent or guardian may acknowledge his or her receipt of the code, and the local school shall request that the form be signed and returned to the school."
SECTION 8. Said chapter is further amended by striking Code Section 20-2-751.6, relating to suspension policy for students committing acts of physical violence resulting in injury to teachers, and inserting in lieu thereof the following:
"20-2-751.6. (a) As used in this Code section, the term 'physical violence' means:
(1) Intentionally making physical contact of an insulting or provoking nature with the person of another; or (2) Intentionally making physical contact which causes physical harm to another unless such physical contacts or physical harms were in defense of himself or herself, as provided in Code Section 16-3-21.

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(b) Local board of education policies and student codes of conduct shall provide for the penalties to be assessed against a student found by a disciplinary hearing officer, panel, or tribunal pursuant to Code Section 20-2-752 to have committed any act of physical violence against a teacher, school bus driver, or other school official or employee. The local board shall appoint a Such disciplinary hearing officer, panel, or tribunal to shall hold a any disciplinary hearing pursuant to in accordance with the provisions of Code Section 20-2-754 regarding the alleged act of physical violence and penalty. Any student alleged to have committed an act of physical violence shall be suspended pending the hearing by the disciplinary hearing officer, panel, or tribunal. The tribunal shall be composed of three teachers or certificated education personnel, appointed by the local school board. The decision of the disciplinary hearing officer, panel, or tribunal shall determine all issues of fact and intent and shall submit its findings and recommendations may be appealed to the local school board pursuant to Code Section 20-2-754 for imposition of punishment in accordance with this Code section. If appropriate under paragraph (1) of subsection (c) of this Code section, the tribunals recommendations decision of the disciplinary hearing officer, panel, or tribunal shall include a recommendation as to whether a student may return to public school and, if return is recommended, a recommended time for the students return to public school. The local school board may follow the recommendations of the tribunal or impose penalties not recommended by the disciplinary hearing officer, panel, or tribunal.
(c)(1) A student found by a disciplinary hearing officer, panel, or tribunal to have committed an act of physical violence as defined in paragraph (2) of subsection (a) of this Code section against a teacher, school bus driver, school official, or school employee shall be expelled from the public school system. The expulsion shall be for the remainder of the students eligibility to attend public school pursuant to Code Section 20-2-150. The local school board at its discretion may permit the student to attend an alternative education program for the period of the students expulsion. If the student who commits an act of physical violence is in kindergarten through grade eight, then the local school board at its discretion and on the recommendation of the disciplinary hearing officer, panel, or tribunal may permit such a student to reenroll in the regular public school program for grades nine through 12. If the local school board does not operate an alternative education program for students in kindergarten through grade six, the local school board at its discretion may permit a student in kindergarten through grade six who has committed an act of physical violence as defined in paragraph (2) of subsection (a) of this Code section to reenroll in the public school system;. (2) Any student who is found by a disciplinary hearing officer, panel, or tribunal to have committed an act of physical violence against a teacher, school bus driver, school official, or school employee as defined in paragraph (2) of subsection (a) of this Code section shall be referred to juvenile court with a request for a petition alleging delinquent behavior; and. (3) Any student who is found by a disciplinary hearing officer, panel, or tribunal to have committed an act of physical violence as defined in paragraph (1) of subsection

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(a) of this Code section against a teacher, school bus driver, school official, or school employee may be disciplined by expulsion, long-term suspension, or short-term suspension. (d) The provisions of this Code section shall apply with respect to any local school system which receives state funding pursuant to Code Sections 20-2-161 and 20-2-260. (e) Nothing in this Code section shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990."
SECTION 9. Said chapter is further amended by striking Code Section 20-2-753, relating to disciplinary hearings held by a disciplinary hearing officer, panel, or tribunal, and inserting in lieu thereof the following:
"20-2-753. (a) In addition to any proceedings which are authorized in Code Section 20-2-752, local boards of education shall appoint a disciplinary hearing officer, panel, or tribunal of school officials to hold a disciplinary hearing following any instance of an alleged violation of the student code of conduct where the principal recommends a suspension or expulsion exceeding ten school days or an alleged assault or battery by a student upon any teacher or other school official or employee, if such teacher or other school official or employee so requests.:
(1) An alleged assault or battery by a student upon any teacher, other school official, or employee; (2) An alleged assault or battery by a student upon another student, if, in the discretion of the school principal, the alleged assault or battery could justify the expulsion or long-term suspension of the student; or (3) Substantial damage alleged to be intentionally caused by a student on school premises to personal property belonging to a teacher, other school official, employee, or student, if, in the discretion of the school principal, the alleged damage could justify the expulsion or long-term suspension of the student. (b) The board of education shall by appropriate rule, regulation, or resolution require that when any instance specified in subsection (a) of this Code section occurs, the teacher, other school official, employee, or student who is subjected to the assault, battery, or damage shall file a complaint with the school administration and with the local board of education. (c) Nothing in this Code section shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990."
SECTION 10. Said chapter is further amended by striking subsections (b) and (c) of Code Section 20-2-

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754, relating to procedures to be followed by disciplinary hearing officers, panels, or tribunals, and inserting in lieu thereof the following:
"(b) A disciplinary officer, panel, or tribunal of school officials appointed as required by Code Section 20-2-753 shall, in addition to any other requirements imposed by rules and regulations which may have been promulgated pursuant to Code Section 20-2-752, ensure that:
(1) All parties are afforded an opportunity for a hearing after reasonable notice served personally or by mail. This notice shall be given to all parties and to the parent or guardian of the student or students involved and shall include a statement of the time, place, and nature of the hearing; a short and plain statement of the matters asserted; and a statement as to the right of all parties to present evidence and to be represented by legal counsel; (2) The hearing is held no later than ten school days after the beginning of the suspension unless the school system and parents or guardians mutually agree to an extension; (2)(3) All parties are afforded an opportunity to present and respond to evidence and to examine and cross-examine witnesses on all issues unresolved; and (4) Any teacher called as a witness by the school system shall be given notice no later than three days prior to the hearing; and (3)(5) A verbatim electronic or written record of the hearing shall be made and shall be available to all parties. (c) If appointed to review an instance specified in pursuant to Code Section 20-2-753, the disciplinary officer, panel, or tribunal shall conduct the hearing and, after receiving all evidence, render its decision, which decision shall be based solely on the evidence received at the hearing. The decision shall be in writing and shall be given to all parties within ten days of the close of the record. Any decision by such disciplinary officer, panel, or tribunal may be appealed to the local board of education by filing a written notice of appeal within 20 days from the date the decision is rendered. Any disciplinary action imposed by such officer, panel, or tribunal may be suspended by the school superintendent pending the outcome of the appeal."
SECTION 11. Said chapter is further amended by striking Code Section 20-2-759, relating to children in kindergarten through grade five, and inserting in lieu thereof the following:
"20-2-759. (a) Except as otherwise expressly provided in this subpart, this subpart shall not apply to children in kindergarten through elementary grade five. (b) The local school superintendent shall determine the disciplinary actions or proceedings for children exempt from this subpart under subsection (a) of this Code section. (c) Children in kindergarten through grade five shall be subject to the student attendance protocol established in accordance with Code Section 20-2-690.2.

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(d) Children in kindergarten through grade five shall be subject to removal from a classroom in accordance with Code Section 20-2-738."
SECTION 12. Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be issued a drivers license, school attendance requirements, and driving training requirements, is amended by striking subsection (a.1) and inserting in lieu thereof the following:
"(a.1)(1) The department shall not issue an instruction permit or drivers license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction permit or drivers license the applicant presents acceptable proof that he or she has received a high school diploma, a general educational development (GED) equivalency diploma, a special diploma, or a certificate of high school completion, has permission of his or her parent or guardian to withdraw from school, or has terminated his or her secondary education and is enrolled in a postsecondary school, pursuing a general educational development (GED) diploma, or the records of the department indicate that said applicant:
(A) Is enrolled in and not under suspension from a public or private school and satisfies relevant attendance requirements as set forth in paragraph (2) of this subsection; or (B) Is enrolled in a home education program that satisfies the requirements of all state laws governing such courses. (2) The department shall forthwith notify by certified mail or statutory overnight delivery, return receipt requested, any minor issued an instruction permit or drivers license in accordance with this subsection other than a minor who has terminated his or her secondary education and is enrolled in a postsecondary school or who has permission of his or her parent or guardian to withdraw from school or who is pursuing a general educational development (GED) diploma that such minors instruction permit or drivers license is suspended subject to review as provided for in this subsection if the records of the department indicate that such minor: (A) Has dropped out of school without graduating and has remained out of school for ten consecutive school days; (B) Has more than ten consecutive school days of unexcused absences in any semester or combination of two consecutive quarters; or (C) Has been suspended from school for:
(i) Threatening, striking, or causing bodily harm to a teacher or other school personnel; (ii) Possession or sale of drugs or alcohol on school property; or (iii) Possession or use of a weapon on school property. For purposes of this subparagraph, the term 'weapon' shall be defined in accordance with Code Section 16-11-127.1 but shall not include any part of an archeological or cultural exhibit brought to school in connection with a school project; (iv) Any sexual offense prohibited under Chapter 6 of Title 16; or

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(v) Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student. Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the persons last known address shall be prima-facie evidence that such person received the required notice. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or drivers license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period to end upon the date of such minors eighteenth birthday, but such minors instruction permit or drivers license shall be reinstated if the minor submits evidence satisfactory to the department that he or she has resumed regular studies as determined by the State Board of Education or is pursuing a general educational development (GED) diploma and qualifies for an instruction permit or drivers license under the provisions of this subsection, upon payment of a restoration fee of $50.00; provided, however, that any instruction permit or drivers license suspended pursuant to subparagraph (C) of this paragraph shall not be reinstated until 90 days after the effective date of the suspension of such permit or license by the department or for the duration of the minors suspension from school, whichever is longer. (3) The State Board of Education and the commissioner of motor vehicle safety are authorized to promulgate rules and regulations to implement the provisions of this subsection."
SECTION 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 14. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Jamieson of the 22nd moves to amend the Committee substitute to SB 428 by inserting between "provisions;" and "to" on line 7 of page 1 the following:
"to provide for certain salary increases for certain national certification;"

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By inserting between lines 16 and 17 of page 3 the following:
"SECTION 1B. Said chapter is further amended by adding a new Code section immediately following Code Section 20-2-212.4 to be designated Code Section 20-2-212.5 to read as follows:
'20-2-212.5. (a) As used in this Code section, "national certification" means certification as a Nationally Certified School Psychologist from the National School Psychology Certification Board; a National Certified School Counselor from the National Board for Certified Counselors or the National Board for Professional Teaching Standards; a Certified School Social Worker Specialist from the National Association of Social Workers; or a Certificate of Clinical Competence from the American SpeechLanguage-Hearing Association in speech-language pathology or audiology for a speech pathologist or audiologist. (b) Any person who has earned national certification as a school psychologist, school counselor, school social worker, or speech pathologist or audiologist shall receive not less than a 10 percent increase in state salary annually upon:
(1) The completion of three years of satisfactory performance as a school psychologist, school counselor, school social worker, or speech pathologist or audiologist in a public school system in the state; (2) The commencement of the 2007-2008 school year if certification was earned prior to such school year; or (3) The commencement of the school year after earning such certification, if such certification is earned after the commencement of the 2007-2008 school year. (c) The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible. (d) The 10 percent increase shall be computed based on the state salary for such person for the school year when the increase is first awarded and recomputed for each subsequent year based on the individuals state salary for that school year, provided that the person continues to hold national certification as a school psychologist, school counselor, school social worker, or speech pathologist or audiologist.'"

On the adoption of the amendment, 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
Benfield Birdsong

Y Day Dean
Y Deloach Y Dix Y Dodson N Dollar
Dooley N Douglas Y Drenner

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel

Y Sholar Y Sims
Sinkfield Y Skipper N Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V

N Black Boggs
Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper N Crawford Y Cummings

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Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall Y Hembree
Henson N Hill, C

Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan N Joyce Y Keen N Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox
Mangham Y Manning Y Marin
Martin Massey N Maxwell Y McBee Y McCall Y McClinton Y Millar N Mills

Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham
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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw
Sheldon

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Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner N Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 143, nays 20. The amendment was adopted.

The following amendment was read:

Representative Jamieson of the 22nd moves to amend the Committee substitute to SB 428 by inserting between "provisions;" and "to" on line 7 of page 1 the following:
"to change certain provisions relating to salaries of professional educators;"
By inserting immediately following line 16 of page 3 the following:
"SECTION 1A. Said chapter is further amended in Code Section 20-2-212, relating to salaries of professional educators, by striking subsection (b) and inserting in lieu thereof the following:

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'(b) Local units of administration may supplement the salaries of personnel subject to the schedule of minimum salaries under subsection (a) of this Code section and, in fixing the amount of those supplements, may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and performance of the particular employee whose salary is being supplemented. In any fiscal year in which such personnel receive an increase under the minimum salary schedule, a local unit of administration shall not decrease any local salary supplement for such personnel below the local supplement amount received in the immediately preceding fiscal year by those personnel of that local unit of administration unless such local unit of administration has conducted at least one public hearing regarding such decrease, notice of which hearing the local unit shall cause to be published in the legal organ of the county which is the legal situs of such local unit one time at least seven days prior to the date such hearing is to be held.'"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

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

Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, MARCH 31, 2004

Y Heckstall Y Hembree Y Henson N Hill, C

Y McCall McClinton Millar
N Mills

Y Sailor Y Scott N Shaw Y Sheldon

3015
Y Williams, R E Wix
Yates Coleman, Speaker

On the adoption of the amendment, the ayes were 122, nays 46. The amendment was adopted.

The following amendment was read:

Representative Casas of the 68th et al. move to amend the Committee substitute to SB 428 by inserting after "hearing;" on line 29 of page 1 the following:
"to delete certain provisions relating to disciplinary actions for children in kindergarten through grade five;"
By striking lines 18 through 25 of page 15 and inserting in their place the following:
"(a) Except as otherwise expressly provided in this subpart, this subpart shall not apply to children in kindergarten through elementary grade five. (b) The local school superintendent shall determine the disciplinary actions or proceedings for children exempt from this subpart under subsection (a) of this Code section Reserved.'"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Beasley-Teague N Benfield
Birdsong Black Y Boggs N Bordeaux Y Borders Y Bridges Y Brock N Brooks

Y Day N Dean Y Deloach N Dix Y Dodson Y Dollar N Dooley N Douglas N Drenner N Dukes Y Ehrhart Y Elrod N Epps Y Fleming Y Floyd, H Y Floyd, J

Y Hill, C.A Y Hill, V Y Hines N Holmes Y Houston N Howard Y Howell N Hudson N Hugley N Jackson N James Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones N Jordan

N Mitchell N Mobley
Moraitakis Morris N Mosby Y Mosley Y Murphy, J N Murphy, Q Y Noel Y Oliver, B N Oliver, M Y O'Neal N Orrock Y Parham Parrish Y Parsons

N Sholar N Sims
Sinkfield N Skipper Y Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V N Smyre Y Snow N Stanley-Turner N Stephens, E
Stephens, R N Stephenson Y Stokes

3016
N Broome Y Brown E Bruce N Buck N Buckner, D
Buckner, G N Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
Channell N Childers Y Coan Y Coleman, B Y Cooper N Crawford Y Cummings

JOURNAL OF THE HOUSE

N Fludd Y Forster Y Franklin Y Gardner Y Golick
Graves, D Y Graves, T Y Greene N Greene-Johnson Y Hanner Y Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath N Heckstall Y Hembree N Henson Y Hill, C

Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell N McBee Y McCall
McClinton Y Millar Y Mills

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

Y Stoner N Teilhet N Teper N Thomas Morgan Y Thomas, A.M N Thompson Y Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 101, nays 64. The amendment was adopted.

The following amendment was read:

Representative Hugley of the 113th et al. move to amend the Committee substitute to SB 428 by inserting at the end of line 16 of page 1 the following:
"make certain changes relating to local school board policies regarding bullying in student codes of conduct; to change the definition of 'bullying behavior'; to provide that policies relating to bullying behavior apply to students in kindergarten through grade 12; to change the content of local school board policies; to require training on bullying behavior for certain school system personnel; to provide that local school systems provide information to the Department of Education on the number and disposition of bullying incidents reported; to"
By inserting between lines 28 and 29 of page 9 the following:
"SECTION 7. Said chapter is further amended by striking Code Section 20-2-751.4, relating to policies prohibiting bullying, assignment to alternative school, and notice, in its entirety and inserting in lieu thereof the following:
'20-2-751.4.

WEDNESDAY, MARCH 31, 2004

3017

(a) As used in this Code section, the term "bullying behavior" means: any pattern of written or verbal expression or any physical act or gesture that is intended to ridicule, humiliate, intimidate, or cause measurable physical or emotional distress upon one or more students in the school, on school grounds, in school vehicles, at designated school bus stops, or at school activities or sanctioned events.
(1) Any willful attempt or threat to inflict injury on another person, when accompanied by an apparent present ability to do so; or (2) Any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm. (b) Each local board of education shall adopt policies, applicable to students in grades six kindergarten through grade 12, that prohibit bullying of a student by another behavior by a student and shall require such prohibition to be included in the student code of conduct for elementary, middle, and high schools in that school system. Local board policies shall: (1) Require require that, upon a finding that a student has committed the offense of bullying behavior for the third time in a school year, such student shall be assigned to an alternative school. program, excluding students in kindergarten or grades one through five; (2) Require that each reported incident of bullying behavior is investigated and a disposition determined; (3) Include procedures for handling anonymous reporting of incidents of bullying behavior, including the protection of the identity of the alleged victim of an incident of bullying behavior; (4) Include procedures for the reporting of an alleged incident of bullying behavior by a parent of a student; and (5) Include disciplinary procedures and consequences to the student for the students submission of a false report of an incident of bullying behavior. Each local board of education shall ensure that students and parents of students are notified of the prohibition against bullying behavior, and the penalties for violating the prohibition, by posting such information at each elementary, middle, and high school and by including such information in student and parent handbooks. (c) Each local board of education shall ensure that the local superintendent and all principals, assistant principals, school counselors, resource officers, and other appropriate staff complete a research based training program relating to bullying behavior. (d) Each local board of education shall include the number of incidents of bullying behavior reported in its school system and the disposition of such incidents in the annual report required to be submitted to the Department of Education pursuant to Code Section 20-2-740. (e) Any school system which is not in compliance with the requirements of this Code section shall be ineligible to receive state funding pursuant to Code Sections 20-2-161 and 20-2-260.'"

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JOURNAL OF THE HOUSE

By renumbering Sections 7 through 14 as Sections 8 through 15, respectively.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

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

On the adoption of the amendment, the ayes were 105, nays 63. The amendment was adopted.

Representative Cooper of the 30th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

WEDNESDAY, MARCH 31, 2004 The following amendment was read:

3019

Representative Chambers of the 53rd moves to amend the Committee substitute to SB 428 by striking line 32 of page 9 through line 37 of page 11 and inserting in its place:
"'20-2-751.5. (a) Each student code of conduct shall contain provisions that address the following conduct of students during school hours, and at school related functions, and on the school bus, in a manner that is appropriate to the age of the student:
(1) Verbal assault, including threatened violence, of teachers, administrators, and other school personnel; (2) Physical assault or battery of teachers, administrators, and other school personnel; (3) Disrespectful conduct toward teachers, administrators, and other school personnel, including use of vulgar or profane language; (4) Verbal assault of other students; (5) Physical assault or battery of other students; (6) Disrespectful conduct toward other students, including use of vulgar or profane language; and (7) Verbal assault of, physical assault or battery of, and disrespectful conduct, including use of vulgar or profane language, toward persons attending school related functions.; (8) Failure to comply with compulsory attendance as required under Code Section 20-2-690.1; (9) Willful or malicious damage to real or personal property of the school or to personal property of any person legitimately at the school; (10) Inciting, advising, or counseling of others to engage in prohibited acts; (11) Marking, defacing, or destroying school property; (12) Possession of a weapon, as provided for in Code Section 16-11-127.1; (13) Unlawful use or possession of illegal drugs or alcohol; and (14) Willful and persistent violation of the student code of conduct. With regard to paragraphs (9) and (11) of this subsection, each student code of conduct shall also contain provisions that address conduct of students during off-school hours. (b)(1) In addition to the requirements contained in subsection (a) of this Code section, each Each student code of conduct shall include comprehensive and specific provisions prescribing and governing student conduct and safety rules on all public school buses. The specific provisions shall include but not be limited to:
(A) Students shall be prohibited from acts of physical violence as defined by Code Section 20-2-751.6, bullying as defined by subsection (a) of Code Section 20-2751.4, physical assault or battery of other persons on the school bus, verbal assault of other persons on the school bus, disrespectful conduct toward the school bus driver or other persons on the school bus, and other unruly behavior;

3020

JOURNAL OF THE HOUSE

(B) Students shall be prohibited from using any electronic devices during the operation of a school bus, including but not limited to cell phones; pagers; audible radios, tape or compact disc players without headphones; or any other electronic device in a manner that might interfere with the school bus communications equipment or the school bus drivers operation of the school bus; and (C) Students shall be prohibited from using mirrors, lasers, flash cameras, or any other lights or reflective devises in a manner that might interfere with the school bus drivers operation of the school bus. (2) If a student is found to have engaged in physical acts of violence as defined by Code Section 20-2-751.6, the student shall be subject to the penalties set forth in such Code section. If a student is found to have engaged in bullying as defined by subsection (a) of Code Section 20-2-751.4 or in physical assault or battery of another person on the school bus, the local school board policy shall require a meeting of the parent or guardian of the student and appropriate school district officials to form a school bus behavior contract for the student. Such contract shall provide for progressive age-appropriate discipline, penalties, and restrictions for student misconduct on the bus. Contract provisions may include but shall not be not limited to assigned seating, ongoing parental involvement, and suspension from riding the bus. This subsection is not to be construed to limit the instances when a school code of conduct or local board of education may require use of a student bus behavior contract. (3) No later than August 15, 2002, each local board of education shall send to the State Board of Education a copy of the provisions of its student code of conduct that address the items identified in paragraphs (1) and (2) of this subsection. The state board shall review such provisions to ensure that each of the items identified in paragraphs (1) and (2) of this subsection is addressed and shall notify a local board of education, no later than October 15, 2002, of any items which are not addressed in its submission to the state board. Nothing in this subsection shall be construed as authorizing or requiring the state board to review or approve the substance of the student code of conduct. (c) Each student code of conduct shall also contain provisions that address any offcampus behavior of a student which could result in the student being criminally charged with a felony and which makes the students continued presence at school a potential danger to persons or property at the school or which disrupts the educational process. (d) Local board policies relating to student codes of conduct shall provide that each local school superintendent shall fully support, including establishing and disseminating procedures, the authority of principals and teachers in the school system to remove a student from the classroom pursuant to Code Section 20-2-738. It is the policy of this state that it is preferable to reassign disruptive students to alternative educational settings rather than to suspend or expel such students from school. (c)(e) Any student handbook which is prepared by a local board or school shall include a copy or summary of the student code of conduct for that school or be accompanied by a copy of the student code of conduct for that school. If a student handbook contains a

WEDNESDAY, MARCH 31, 2004

3021

summary of the student code of conduct, then a full copy of the student code of conduct shall be made available for review at the school. When distributing a student code of conduct, a local school shall include a form on which the students parent or guardian may acknowledge his or her receipt of the code, and the local school shall request that the form be signed and returned to the school.'"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

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

On the adoption of the amendment, the ayes were 135, nays 34. The amendment was adopted.

3022

JOURNAL OF THE HOUSE

The following amendment was read:

Representative Thomas of the 43rd, Post 1 moves to amend the Committee substitute to SB 428 by striking line 22 on page 3 and inserting in lieu thereof the following:
"charge of any child or children between their sixth seventh and sixteenth seventeenth birthdays shall".
By striking line 33 on page 3 and inserting in lieu thereof the following:
"child between his or her seventh and sixteenth seventeenth birthdays who has been assigned by a local".
By inserting between lines 31 and 32 on page 6 a new Section 3A to read as follows:
"SECTION 3A. Said chapter is further amended by striking Code Section 20-2-693, relating to exemptions, and inserting in lieu thereof the following:
'20-2-693. (a) Children between their seventh and sixteenth seventeenth birthdays who are excused from attendance in public school by county or independent school system boards in accordance with general policies and regulations promulgated by the State Board of Education shall be exempt from this subpart. The state board, in promulgating its general policies and regulations, shall take into consideration sickness and other emergencies which may arise in any school community. (b) Children between their seventh and sixteenth seventeenth birthdays who are excused from attendance at private schools or home study programs for sickness or emergencies or for other reasons substantially the same as the reasons for excused absences from attendance at public school authorized by state board policy pursuant to subsection (a) of this Code section shall be exempt from this subpart.'"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe
Bannister N Barnard N Barnes N Beasley-Teague
Benfield Birdsong

N Day Dean
N Deloach N Dix N Dodson N Dollar N Dooley N Douglas
Drenner

N Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard N Howell N Hudson Y Hugley

N Mitchell Y Mobley Y Moraitakis N Morris Y Mosby N Mosley N Murphy, J Y Murphy, Q N Noel

N Sholar Sims Sinkfield
N Skipper N Smith, B N Smith, L N Smith, P N Smith, T N Smith, V

N Black N Boggs Y Bordeaux N Borders N Bridges N Brock Y Brooks N Broome N Brown E Bruce N Buck N Buckner, D N Buckner, G Y Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas Y Chambers N Channell Y Childers N Coan N Coleman, B N Cooper N Crawford N Cummings

WEDNESDAY, MARCH 31, 2004

Y Dukes N Ehrhart N Elrod Y Epps N Fleming N Floyd, H N Floyd, J Y Fludd Y Forster N Franklin N Gardner N Golick N Graves, D N Graves, T N Greene Y Greene-Johnson N Hanner N Harbin N Harper N Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree
Henson N Hill, C

Y Jackson Y James Y Jamieson N Jenkins, C N Jenkins, C.F N Jones Y Jordan N Joyce N Keen N Knox N Lane N Lewis
Lord Y Lucas N Lunsford
Maddox Mangham N Manning N Marin N Martin N Massey N Maxwell N McBee N McCall McClinton N Millar N Mills

N Oliver, B Oliver, M
N O'Neal Y Orrock Y Parham N Parrish N Parsons Y Porter N Powell N Purcell N Ralston Y Randall N Ray N Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L N Rogers, C N Rogers, Ch. N Royal N Rynders N Sailor Y Scott N Shaw N Sheldon

3023
Smyre N Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson
Stokes N Stoner N Teilhet Y Teper
Thomas Morgan Y Thomas, A.M N Thompson N Walker, L N Walker, R.L N Warren N Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R E Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 41, nays 120. The amendment was lost.

The following amendment was read:

Representative Rice of the 64th moves to amend the Committee substitute to SB 428 by inserting after "so as" on line 2 of page 2 the following:
"to eliminate permission of a students parent or guardian as exceptions to the school attendance requirements to obtain a drivers license;"
By striking line 26 of page 15 through line 19 of page 17 and inserting in its place the following:
"SECTION 12. Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be issued a drivers license, school attendance requirements, and driving training

3024

JOURNAL OF THE HOUSE

requirements, is amended by striking subsection (a.1) and inserting in lieu thereof the following:
'(a.1)(1) The department shall not issue an instruction permit or drivers license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction permit or drivers license the applicant presents acceptable proof that he or she has received a high school diploma, a general educational development (GED) equivalency diploma, a special diploma, or a certificate of high school completion, has permission of his or her parent or guardian to withdraw from school, or has terminated his or her secondary education and is enrolled in a postsecondary school, pursuing a general educational development (GED) diploma, or the records of the department indicate that said applicant:
(A) Is enrolled in and not under suspension from a public or private school and satisfies relevant attendance requirements as set forth in paragraph (2) of this subsection; or (B) Is enrolled in a home education program that satisfies the requirements of all state laws governing such courses. (2) The department shall forthwith notify by certified mail or statutory overnight delivery, return receipt requested, any minor issued an instruction permit or drivers license in accordance with this subsection other than a minor who has terminated his or her secondary education and is enrolled in a postsecondary school or who has permission of his or her parent or guardian to withdraw from school or who is pursuing a general educational development (GED) diploma` that such minors instruction permit or drivers license is suspended subject to review as provided for in this subsection if the records of the department indicate that such minor: (A) Has dropped out of school without graduating and has remained out of school for ten consecutive school days; (B) Has more than ten consecutive school days of unexcused absences in any semester or combination of two consecutive quarters; or (C) Has been suspended from school for:
(i) Threatening, striking, or causing bodily harm to a teacher or other school personnel; (ii) Possession or sale of drugs or alcohol on school property; or (iii) Possession or use of a weapon on school property. For purposes of this subparagraph, the term 'weapon' shall be defined in accordance with Code Section 16-11-127.1 but shall not include any part of an archeological or cultural exhibit brought to school in connection with a school project; (iv) Any sexual offense prohibited under Chapter 6 of Title 16; or (v) Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student; or (D) Has been suspended from school, for any reason, for more than ten cumulative days. Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the persons last known address shall be prima-facie evidence that

WEDNESDAY, MARCH 31, 2004

3025

such person received the required notice. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or drivers license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period to end upon the date of such minors eighteenth birthday, but such minors instruction permit or drivers license shall be reinstated if the minor submits evidence satisfactory to the department that he or she has resumed regular studies as determined by the State Board of Education or is pursuing a general educational development (GED) diploma and qualifies for an instruction permit or drivers license under the provisions of this subsection, upon payment of a restoration fee of $50.00; provided, however, that any instruction permit or drivers license suspended pursuant to subparagraph (C) or (D) of this paragraph shall not be reinstated until 90 days six months after the effective date of the suspension of such permit or license by the department or for the duration of the minors suspension from school, whichever is longer. (3) The State Board of Education and the commissioner of motor vehicle safety are authorized to promulgate rules and regulations to implement the provisions of this subsection.'"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Beasley-Teague
Benfield Birdsong N Black Y Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks N Broome Y Brown E Bruce

Y Day N Dean N Deloach N Dix Y Dodson Y Dollar N Dooley Y Douglas
Drenner N Dukes Y Ehrhart Y Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster N Franklin

Y Hill, C.A N Hill, V Y Hines N Holmes N Houston N Howard N Howell N Hudson N Hugley N Jackson N James N Jamieson N Jenkins, C N Jenkins, C.F Y Jones N Jordan N Joyce Y Keen N Knox

N Mitchell N Mobley Y Moraitakis Y Morris N Mosby Y Mosley N Murphy, J N Murphy, Q Y Noel Y Oliver, B N Oliver, M Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter N Powell Y Purcell

N Sholar Y Sims
Sinkfield N Skipper Y Smith, B Y Smith, L Y Smith, P N Smith, T Y Smith, V N Smyre Y Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson N Stokes Y Stoner N Teilhet N Teper

3026
N Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper N Crawford N Cummings

JOURNAL OF THE HOUSE

N Gardner Y Golick Y Graves, D N Graves, T N Greene N Greene-Johnson N Hanner Y Harbin Y Harper N Harrell N Heard, J N Heard, K Y Heath N Heckstall Y Hembree
Henson Y Hill, C

Y Lane Y Lewis
Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell Y McBee N McCall
McClinton Y Millar Y Mills

N Ralston N Randall N Ray N Reece, B Y Reece, S Y Rice Y Richardson N Roberts, J N Roberts, L N Rogers, C Y Rogers, Ch. N Royal Y Rynders N Sailor Y Scott N Shaw Y Sheldon

On the adoption of the amendment, the ayes were 79, nays 91. The amendment was lost.

N Thomas Morgan N Thomas, A.M N Thompson N Walker, L Y Walker, R.L N Warren N Watson N Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

Representative White of the 3rd, Post 2 stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Rice of the 64th moved that the House reconsider its action in failing to adopt the Rice amendment.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Beasley-Teague N Benfield
Birdsong Y Black Y Boggs N Bordeaux Y Borders Y Bridges Y Brock N Brooks N Broome Y Brown

Y Day N Dean N Deloach N Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart Y Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster

Y Hill, C.A N Hill, V Y Hines N Holmes N Houston N Howard N Howell N Hudson N Hugley N Jackson N James N Jamieson N Jenkins, C N Jenkins, C.F Y Jones N Jordan N Joyce
Keen

Y Mitchell N Mobley N Moraitakis Y Morris N Mosby Y Mosley N Murphy, J N Murphy, Q Y Noel Y Oliver, B N Oliver, M Y O'Neal N Orrock Y Parham N Parrish Y Parsons N Porter N Powell

N Sholar Y Sims
Sinkfield N Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V N Smyre Y Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson N Stokes Y Stoner N Teilhet

E Bruce N Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers N Channell N Childers Y Coan Y Coleman, B Y Cooper N Crawford Y Cummings

WEDNESDAY, MARCH 31, 2004

N Franklin N Gardner Y Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson N Hanner Y Harbin Y Harper Y Harrell N Heard, J N Heard, K Y Heath N Heckstall Y Hembree N Henson Y Hill, C

N Knox Y Lane Y Lewis N Lord N Lucas N Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell Y McBee N McCall
McClinton Millar Y Mills

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

On the motion, the ayes were 81, nays 91. The motion was lost.

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N Teper N Thomas Morgan N Thomas, A.M N Thompson N Walker, L Y Walker, R.L N Warren N Watson N Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

The following amendment was read:

Representative Rice of the 64th moves to amend the Committee substitute to SB 428 by striking the word "consecutive" on line 20 of page 16 and inserting in its place "consecutive".
By striking the word "or" at the end of line 21 of page 16 and inserting in its place "or".
By striking lines 31 and 32 of page 16 and inserting in their place the following:
"(v) Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student; or (D) Has been suspended from school, for any reason, for more than ten cumulative days."
By striking lines 13 and 14 of page 17 and inserting in their place the following:
"driver's license suspended pursuant to subparagraph (C) or (D) of this paragraph shall not be reinstated until 90 days six months after the effective date of the suspension of such permit or license".

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On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

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

On the adoption of the amendment, the ayes were 82, nays 89. The amendment was lost.

The Committee substitute, as amended, was adopted.

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

WEDNESDAY, MARCH 31, 2004

3029

On the passage of the Bill, by substitute, as amended, 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
Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y 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 Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree
Henson Y Hill, C

Y 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 Y Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y 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 Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 171, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Skipper of the 116th moved that debate on SR 595 be limited to a total of ten minutes for a primary proponent, a total of ten minutes for a primary opponent, a total of five minutes each for nine speakers in favor of the Resolution, a total of five

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minutes each for nine speakers against the Resolution, with the last 18 speakers alternating.

On the motion, the roll call was ordered and the vote was as follows:

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

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

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

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

Y Sholar Y Sims N 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 Y Stephenson N Stokes Y Stoner Y Teilhet N Teper Y Thomas Morgan N Thomas, A.M N Thompson Y Walker, L Y Walker, R.L N Warren Y Watson Y Westmoreland Y White Y Wilkinson
Willard N Williams, A N Williams, E N Williams, R E Wix N Yates
Coleman, Speaker

On the motion, the ayes were 139, nays 30. The motion prevailed.

The following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

WEDNESDAY, MARCH 31, 2004

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SB 281. By Senators Kemp of the 3rd, Tanksley of the 32nd, Harp of the 16th, Hooks of the 14th and Cheeks of the 23rd:
A BILL to be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to prohibit the sale or offer for sale of a child by any parent or guardian of a child; to provide for penalties; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to prohibit the sale or offer for sale of a child by any person; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended by striking in its entirety Code Section 19-8-24, relating to unlawful advertisements and inducements, and inserting in lieu thereof a new Code section to read as follows:
"19-8-24. (a) It shall be unlawful for any person, organization, corporation, hospital, or association of any kind whatsoever which has not been established as a child-placing agency by the department to:
(1) Advertise, whether in a periodical, by television, by radio, or by any other public medium or by any private means, including letters, circulars, handbills, and oral statements, that the person, organization, corporation, hospital, or association will adopt children or will arrange for or cause children to be adopted or placed for adoption; or (2) Directly or indirectly hold out inducements to parents to part with their children. As used in this subsection, 'inducements' shall include any financial assistance, either direct or indirect, from whatever source, except payment or reimbursement of the medical expenses directly related to the mothers pregnancy and hospitalization for the birth of the child and medical care for the child. (b) It shall be unlawful for any person to sell, offer to sell, or conspire with another to sell or offer to sell a child for money or anything of value, except as otherwise provided in this chapter.

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(b)(c) Any person who violates subsection (a) or (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed $10,000.00 or imprisonment for not more than ten years, or both, in the discretion of the court.
(c)(d)(1) Paragraph (1) of subsection (a) of this Code section shall not apply to communication by private means, including only written letters or oral statements, by an individual seeking to:
(A) Adopt a child or children; or (B) Place that individuals child or children for adoption, whether the communication occurs before or after the birth of such child or children. (2) Paragraph (1) of subsection (a) of this Code section shall not apply to any communication described in paragraph (1) of this subsection which contains any attorneys name, address, telephone number, or any combination of such information and which requests any attorney named in such communication to be contacted to facilitate the carrying out of the purpose, as described in subparagraph (A) or (B) of paragraph (1) of this subsection, of the individual making such personal communication."
SECTION 2. 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
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin

Y 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 Y Jones Y Jordan Y Joyce Y Keen Y Knox

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby
Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell

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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper

Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, MARCH 31, 2004

Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson 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 Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 171, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 436. By Senators Williams of the 19th and Hill of the 4th:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to create the Agricultural Water Conservation Incentive Program; to provide for a purpose and participation; to provide for priorities; to provide a noninclusive list of projects acceptable for assistance; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following substitute, offered by Representatives McCall of the 78th, Hanner of the 133rd and Porter of the 119th was read and adopted:

A BILL
To provide for farm water conservation and records of measures of farm water use; to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to create the Agricultural Water Conservation Incentive Program; to provide for a purpose and participation; to provide for priorities; to provide a noninclusive list of projects acceptable for assistance; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government,

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so as to change certain provisions relating to when public disclosure of records is not required and disclosure of exempting authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, is amended by adding a new Code section at the end thereof, to be designated Code Section 2-6-52, to read as follows:
"2-6-52. (a) There is created the Agricultural Water Conservation Incentive Program. The program shall be developed, implemented, and supervised by the State Soil and Water Conservation Commission. (b) The purpose of the program shall be to provide incentives to agricultural producers to foster water conservation and enhance water quality. (c) Participation in the program shall be voluntary. (d) The program shall include all 159 counties and 40 soil and water conservation districts. (e) Priority designations for inclusion in the program shall be under the authority of the State Soil and Water Conservation Commission. (f) Areas shall be included in the program as the funds are appropriated and the technical assistance becomes available from the local soil and water conservation district or the State Soil and Water Conservation Commission. (g) Funding may be provided to assist practices including but not limited to diversions, filter strips, fencing along streams, field borders, alternative watering systems, critical area plantings, grassed waterways, terraces, surface-water retention structures, heavyuse areas, closures of farm animal manure lagoons, riparian buffers or equivalent controls, animal manure waste systems and application, manure stack houses and other manure-holding structures, irrigation system enhancements, and other projects that foster water conservation and enhance water quality. (h) Priority designation for inclusion in this program for state funding shall be given to projects that foster water conservation and enhance water quality. To be eligible for cost share funds under this Code section, a project shall be evaluated before funding is awarded and after the project is completed to determine the impact on water quality."
SECTION 1A. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in subsection (a) of Code Section 50-18-72, relating to when public disclosure of records is not required and disclosure of exempting authority, by inserting a new paragraph to read as follows:
"(10.1) Records of farm water use by individual farms as determined by watermeasuring devices installed pursuant to Code Section 12-5-31 or 12-5-105; provided,

WEDNESDAY, MARCH 31, 2004

3035

however, that compilations of such records for the 52 large watershed basins as identified by the eight-digit United States Geologic Survey hydrologic code or an aquifer that do not reveal farm water use by individual farms shall be subject to disclosure under this article;"
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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
Bannister Y Barnard Y Barnes Y Beasley-Teague
Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers

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

Y 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 Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal

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

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Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Bannister of the 70th, Post 1 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.

The following Bill of the House was taken up for the purpose of considering the third report of the Committee of Conference thereon:

HB 237. By Representatives Hanner of the 133rd, McCall of the 78th, Royal of the 140th, Smith of the 87th and Powell of the 23rd:
A BILL to amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional duties and powers of the State Soil and Water Conservation Commission, so as to provide for certain powers and duties related to water resources; to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to change certain provisions relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting water withdrawn by certain irrigation systems; and for other purposes.

The following third report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 237
The Committee of Conference on HB 237 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 237 be adopted.

WEDNESDAY, MARCH 31, 2004

FOR THE SENATE:
/s/ Hugh Gillis, Sr. Senator, 20th District
/s/ Eric Johnson Senator, 1st District
/s/ Casey Cagle Senator, 49th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bob Hanner Representative, 133rd District
/s/ A. Richard Royal Representative, 140th District
/s/ Tom McCall Representative, 78th District

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A BILL
To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to enact the "Comprehensive State-wide Water Management Planning Act"; to provide legislative findings and declarations; to change certain provisions relating to river basin management plans; to provide for definitions; to require the development of a state-wide water management plan; to provide for principles on which such plan shall be based; to require all water withdrawal permit decisions to be made in accordance with such plan; to provide for effect of noncompliance with such plan; to provide for a Water Council and for its composition and duties; to provide procedures for plan development, adoption, and revision; to provide for related matters; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitations on actions to contest rules, and legislative override, so as to provide an exception; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds and declares that:
(1) A comprehensive state-wide water management plan for this state is needed and should be developed by the Environmental Protection Division of the Department of Natural Resources; (2) Such plan should support a structured, yet flexible, approach to regional water planning and provide guidance and incentives for regional and local water planning efforts; and (3) Regional water planning efforts of the Environmental Protection Division should be coordinated with and not supplant the existing efforts of all state agencies.

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SECTION 2. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by striking Article 8, relating to river basin management plans, and inserting in lieu thereof the following:
"ARTICLE 8 12-5-520. This article shall be known and may be cited as the 'Comprehensive State-wide Water Management Planning Act.'
12-5-521. As used in this article, the term:
(1) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (2) 'Division' means the Environmental Protection Division of the Department of Natural Resources.
12-5-522. (a) The division shall develop and propose a comprehensive state-wide water management plan not inconsistent with this chapter and in accordance with the following policy statement: 'Georgia manages water resources in a sustainable manner to support the states economy, to protect public health and natural systems, and to enhance the quality of life for all citizens.' (b) The following principles shall guide the work of the division in developing a comprehensive state-wide water management plan:
(1) Effective water resources management protects public health and the safety and welfare of Georgias citizens; (2) Water resources are to be managed in a sustainable manner so that current and future generations have access to adequate supplies of quality water that support both human needs and natural systems; (3) All citizens have a stewardship responsibility to conserve and protect the water resources of Georgia; (4) Water resources management efforts must have a sound scientific foundation and recognize that economic prosperity and environmental quality are interdependent; (5) Water quality and quantity and surface and ground water are interrelated and require integrated planning as well as reasonable and efficient use; (6) A comprehensive and accessible data base must be developed to provide sound scientific and economic information upon which effective water resources management decisions can be based; (7) Water resources management encourages local and regional innovation, implementation, adaptability, and responsibility for watershed and river basin management;

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(8) Sound water resources management involves meaningful participation, coordination, and cooperation among interested and affected stakeholders and citizens as well as all levels of governmental and other entities managing or utilizing water; and (9) Periodic revisions of the comprehensive state-wide water management plan may be required to accommodate new scientific and policy insights as well as changing social, economic, cultural, and environmental factors. (c) The proposed comprehensive state-wide water management plan shall set forth state-wide water policies not inconsistent with this chapter which shall guide river basin and aquifer management plans, regional water planning efforts, and local water plans. (d) The proposed comprehensive state-wide water management plan may include a process for creating draft river basin management plans and draft ground-water management plans and how such plans are finalized and revised, including how the public may participate in the creation and revision of such plans. (e) The division shall make all water withdrawal permitting decisions in accordance with this chapter and the comprehensive state-wide water management plan that has been approved or enacted by the General Assembly as provided by this article. Any political subdivision or local water authority that is not in compliance with the plan shall be ineligible for state grants or loans for water projects, except for those projects designed to bring such political subdivision or local water authority into compliance with the plan.
12-5-523. (a) The division shall work in cooperation, coordination, and communication with the Water Council created by Code Section 12-5-524 and any other state, local, regional, or federal agency as appropriate to develop a comprehensive state-wide water management plan. (b) The division shall solicit extensive stakeholder involvement in the development of the proposed plan. Such stakeholders shall include, without limitation, other state agencies, nonprofit advocacy organizations, business organizations, local government entities and associations of local government entities, and regional development centers. (c) The division shall submit a draft initial comprehensive state-wide water management plan to the Water Council for review no later than July 1, 2007.
12-5-524. (a) There shall be a coordinating committee called the 'Water Council' composed of one member appointed by the Speaker of the House of Representatives who shall not be a member of the General Assembly and who shall serve for a term of four years and until a successor is appointed and qualified; one member appointed by the President Pro Tempore of the Senate who shall not be a member of the General Assembly and who shall serve for a term of four years and until a successor is appointed and qualified; and the following state officials who shall serve ex officio as members of the committee:

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the director of the division, the commissioner of natural resources, the executive director of the State Soil and Water Conservation Commission, the commissioner of community affairs, the commissioner of human resources, the Commissioner of Agriculture, the director of the Georgia Forestry Commission, and the executive director of the Georgia Environmental Facilities Authority. In addition, the chairperson of the Senate Natural Resources and the Environment Committee, ex officio, and one additional member of that committee to be selected by its chairperson and the chairperson of the House Committee on Natural Resources and Environment, ex officio, and one additional member of that committee to be selected by its chairperson shall each serve in an advisory capacity. Any vacancy among the two appointed members of the Water Council who are not members of the General Assembly other than for expiration of term shall be filled in the same manner as the original appointment for the unexpired term. The director shall serve as chairperson of the Water Council. (b) The Water Council shall:
(1) Ensure coordination, cooperation, and communication among state agencies and their water related efforts in the development of a comprehensive state-wide water management plan; (2) Provide input to the division concerning the development of a comprehensive state-wide water management plan; (3) Review, modify if necessary, and approve the final draft of the proposed comprehensive state-wide water management plan; and (4) Recommend such initial proposed plan for consideration by the General Assembly not later than the first day of the regular session of the General Assembly next occurring after such completion but not later than the first day of the 2008 regular session of the General Assembly.
12-5-525. (a)(1)(A) No comprehensive state-wide water management plan submitted by the Water Council pursuant to this article shall have any force or effect unless approved by the General Assembly by means of the adoption of a joint resolution ratifying such plan, except as otherwise provided by this subsection. Upon the loss of any such resolution, the Water Council may submit successive alternate plans to the General Assembly not later than the twentieth day of the session for approval during such session. (B) Subject to the same development process as provided by subsections (a) and (b) of Code Section 12-5-523 and review, modification if necessary, and approval by the Water Council in the same manner provided by subsection (b) of Code Section 12-5-524, the division may subsequently propose to amend or repeal a plan approved under subparagraph (A) of this paragraph; but no such proposed amendment or repeal shall become effective unless an initial version thereof is submitted to the General Assembly not later than the first day of a session and the

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amendment or repeal is approved by the General Assembly in the same manner as provided by subparagraph (A) of this paragraph. (2) In lieu of approving a comprehensive state-wide water management plan in accordance with subparagraph (A) of paragraph (1) of this subsection, the General Assembly may enact a statutory comprehensive state-wide water management plan. (3) If: (A) The General Assembly fails to approve a comprehensive state-wide water management plan in accordance with subparagraph (A) of paragraph (1) of this subsection during the session in which such a proposed plan was timely presented by the Water Council to the General Assembly for approval; and (B) A statutory comprehensive state-wide water management plan provided by an Act of the General Assembly that expressly supercedes any and all comprehensive state-wide water management plans submitted by the Water Council to the General Assembly for approval does not become law on or before July 1 next occurring after the session in which such a proposed plan was timely submitted by the Water Council to the General Assembly for approval, then the comprehensive state-wide water management plan submitted latest in time but not later than the twentieth day of the session by the Water Council to the General Assembly shall become of full force and effect without the approval of the General Assembly on July 1 next occurring after the session in which such proposed plan was timely presented to the General Assembly for approval. (b) If at any time after a comprehensive state-wide water management plan has become effective under subsection (a) of this Code section and between the adjournment sine die of a regular session of the General Assembly and prior to the convening date of the next regular session of the General Assembly the director finds that there is an actual or impending emergency or disaster of natural or human origin or a public health emergency within or affecting the state and that strict compliance with any provision or provisions of such plan presents an imminent peril to the public health, safety, or welfare and states in writing his or her reasons for those findings, the Water Council may approve a temporary waiver of such provision or provisions but only to the extent necessary to alleviate the peril. Such waiver shall be effective upon such approval by the Water Council and for not longer than the duration of the emergency or until the twentieth legislative day of the next regular session of the General Assembly, whichever first occurs. (c) After a comprehensive state-wide water management plan becomes effective pursuant to subsection (a) of this Code section, the division shall review such plan in its current form not later than July 1, 2010, and at least every three years thereafter, for purposes of determining whether revision of such plan is necessary or appropriate for recommendation."
SECTION 3. Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitations on

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actions to contest rules, and legislative override, is amended by adding a new subsection to read as follows:
"(i) This Code section shall not apply to any comprehensive state-wide water management plan or revision thereof prepared by the Environmental Protection Division of the Department of Natural Resources and proposed, adopted, amended, or repealed pursuant to Article 8 of Chapter 5 of Title 12."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Hanner of the 133rd moved that the House adopt the third report of the Committee of Conference on HB 237.

On the motion, the roll call was ordered and the vote was as follows:

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

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

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

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch.

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 Y 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 Westmoreland Y White Y Wilkinson Y Willard

Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, MARCH 31, 2004

Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 169, nays 3. The motion prevailed.

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Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Coleman, Speaker

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

HR 1816. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3, Borders of the 142nd and Howell of the 92nd:
A RESOLUTION urging the Board of Regents of the University System of Georgia to study the creation of an additional member of such board and to make recommendations to the General Assembly; and for other purposes.

Referred to the Committee on Higher Education.

HR 1817. By Representatives Stephens of the 123rd, Keen of the 146th, Purcell of the 122nd, Lane of the 101st and Barnard of the 121st, Post 1:
A RESOLUTION urging the board of commissioners of Bryan County to adopt a resolution expressing whether the board supports or opposes the conducting of a nonbinding, advisory referendum for the purpose of ascertaining whether the General Assembly should enact a homestead exemption from Bryan County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

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

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HR 1818. By Representatives James of the 114th, Williams of the 128th, Williams of the 61st, Post 2, Heckstall of the 48th, Post 3, Lucas of the 105th and others:
A RESOLUTION urging the Congress of the United States to support the Black Farmers and Agriculturists Association, Incorporated, in their efforts to obtain remedies for past discriminatory practices against black farmers; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HR 1820. By Representatives Henson of the 55th, Coleman of the 118th, BeasleyTeague of the 48th, Post 2, Stanley-Turner of the 43rd, Post 2, Porter of the 119th and others:
A RESOLUTION amending the Rules of the House of Representatives; and for other purposes.

Referred to the Committee on Rules.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1652. By Representatives Orrock of the 51st, Sinkfield of the 50th, Dean of the 49th, Holmes of the 48th, Post 1, Teper of the 42nd, Post 1 and others:
A BILL to create the Metropolitan Commission on Homelessness; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the commission; to provide for the membership of the commission; to provide for the organization and meetings of the commission; to provide the purposes for which the commission is created; and for other purposes.
The following Senate substitute was read:
A BILL
To create the Metropolitan Commission on Homelessness; to provide for a short title; to

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provide for findings and determinations; to provide for definitions; to provide for the creation of the commission; to provide for the membership of the commission; to provide for the organization and meetings of the commission; to provide the purposes for which the commission is created; to provide for the provision of services to the homeless; to provide for the powers and duties of the commission; to provide for the allocation of property after dissolution; to provide that members of the commission shall be trustees; to provide for certain exemptions from taxation, levy and sale, garnishment, and attachments; to provide the court in which actions against the commission may be brought; to provide for construction; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be known and may be cited as the "Metropolitan Commission on Homelessness Act."
SECTION 2. Findings.
(a) It is found, determined, and declared that there are many homeless persons in metropolitan Atlanta; that the number of homeless persons is increasing; that in many instances, the homeless are victims of circumstances beyond their control and they are in need of effective public and private assistance; that the existing and increasing number of homeless persons necessitates excessive and disproportionate expenditures of public funds for public health and safety, fire and accident protection, and other public services and facilities; and that the provision of services for homeless persons is a public use and purpose for which public money may be spent. (b) It is further found and determined that the citizens of metropolitan Atlanta are deeply concerned about homeless persons in their community and that a comprehensive approach to providing services and assistance for the homeless in metropolitan Atlanta and to preventing homelessness in and around such area will best serve the citizens in metropolitan Atlanta. (c) Because of the findings and determinations described in subsections (a) and (b) of this section, it is further found that there is a need for the creation of a public authority to develop a comprehensive plan through which public and private agencies of metropolitan Atlanta can deal effectively with the problems of the homeless of the community and can work to prevent homelessness. It is further found that such a public authority should cooperate with and assist public and private agencies in implementing and carrying out such comprehensive plan and in providing oversight, evaluation, and coordination of the various programs and activities of such comprehensive plan and that such public

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authority should exercise additional powers and duties as provided in this Act in connection with the development, implementation, and carrying out of such plan. (d) It is further found, declared, and determined that the creation of the commission provided for in this Act and the carrying out of its corporate purposes are in all respects valid charitable and public purposes within the provisions of the Constitution of Georgia in that developing more effective methods, programs, and services to deal with the problems of the homeless of metropolitan Atlanta and preventing homelessness is of vital importance to that community.
SECTION 3. Definitions.
Unless the context clearly requires otherwise, as used in this Act, the term: (1) "Commission" means the Metropolitan Commission on Homelessness created by this Act. (2) "Homeless" means being without or expecting within 30 days to be without sleeping accommodations which meet health and safety standards and includes such factors as unemployment, underemployment, substance abuse, mental illness, or other conditions as determined by the commission which cause or contribute to causing the state of being homeless. (3) "Metropolitan Atlanta" means the territory comprising the geographic boundaries of the member jurisdictions. (4) "Project" means a program or facility the cost of which will exceed $20,000.00 in any calendar year. (5) "Local jurisdiction liaison officer" means an employee of a local member jurisdiction appointed by a chief executive officer, mayor, county manager, governing authority, or chair of a county commission of a member jurisdiction. (6) "Member jurisdiction" means the City of Atlanta and any county which has agreed by resolution to appoint members to the commission and participate in its activities.
SECTION 4. Metropolitan Commission on Homelessness.
(a) There is created a body corporate and politic to be known as the Metropolitan Commission on Homelessness which shall be deemed to be an instrumentality of the state, a public corporation, and a public authority, and by that name, style, and title may contract and be contracted with, and sue in all courts and be sued in the superior court of any member jurisdiction, as provided in Section 15 of this Act. (b) The commission shall function until July 1, 2009, on which date it shall cease to exist. (c) The commission shall not be deemed to be the State of Georgia or a political subdivision of the state or an agency of the state or of a political subdivision of the state.

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SECTION 5. Membership.
(a) When activated as provided in Section 6 of this Act, the commission shall initially be composed of voting and nonvoting members as follows:
(1) Two members appointed by the governing authority of each of the five initial member jurisdictions, one of whom shall be the commission chairperson of Fulton County and one of whom shall be the mayor of the City of Atlanta; (2) The commissioner of human resources or a designee as a nonvoting ex officio member; (3) The Commissioner of Labor or a designee as a nonvoting ex officio member; (4) The commissioner of community affairs or a designee as a nonvoting ex officio member; (5) The president of the United Way of Metropolitan Atlanta as a nonvoting ex officio member; (6) Six members appointed by a majority vote of the initial ten members appointed pursuant to the provisions of paragraph (1) of this subsection. One of the members appointed under this paragraph shall be a homeless person or a person who has been homeless; two of the members shall represent agencies that provide services to the homeless; and one member shall be the leader of a faith based organization; and (7) One member appointed by the governing authority of each member jurisdiction who shall be business leaders in metropolitan Atlanta. (b) Members shall be appointed to terms of office of three years each and until their respective successors are appointed and qualified. (c) Members of the commission shall receive no compensation for serving on the commission but may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties. (d) The commission may by a majority vote of its full membership remove any member of the commission if a member fails to attend the regular meetings of the commission or if a member otherwise fails to carry out the duties and responsibilities required of members of the commission. A vacancy created by the removal of a member as provided in this subsection shall be filled for the unexpired term in the same manner that other vacancies are filled.
SECTION 6. Organization; meetings.
(a) When there are five initial member jurisdictions, the chairperson of the Fulton County board of commissioners shall convene the initial members appointed under paragraph (1) of subsection (a) of Section 5 of this Act for the purpose of appointing the remaining initial members of the commission. The organizational meeting of the commission shall be called by the mayor of the City of Atlanta after all appointments to the commission have been made. At the organizational meeting, the commission shall

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elect from its own membership a chairperson, vice chairperson, and secretary-treasurer. The chairperson shall not be an elected official. The terms of office of such officers and all other matters relating to the organization and rules of procedure of the commission shall be as determined by the commission, except as otherwise provided by subsection (b) of this section. (b) The commission shall meet not less than four times during each calendar year on the call of the chairperson of the commission. (c) The commission shall prepare and submit to the appointing bodies and officers listed in subsection (a) of Section 5 of this Act and to the members of the General Assembly representing any member jurisdiction an annual report at the end of each fiscal year or calendar year of the commission outlining the work of the commission and furnishing to such bodies or officers a copy of its most recent annual independent audit of income and expenditures prepared in accordance with the requirements of Section 13 of this Act.
SECTION 7. Purposes.
The commission is created for the following purposes: (1) To develop in collaboration with local governments a comprehensive plan for public and private agencies to effectively address the problems of the homeless in metropolitan Atlanta; no project to be located in a local member jurisdiction shall be included in the plan if the local government has expressed in writing opposition to the project, and any project must comply with the land use and zoning regulations of the local government where it is located; (2) To develop the resources needed to implement the programs and projects identified in the comprehensive plan; (3) To collect and analyze data that describes the effectiveness, cost, quality, and capacity of the homeless services delivery system and identifies gaps in the continuum of services; (4) To coordinate, evaluate, and provide administrative services and assistance in implementing and carrying out the comprehensive plan developed by the entity; (5) To promote uniform basic standards and practices for organizations offering services to homeless people through certification, education, and training to ensure the integrity and continuity of program; (6) To develop and disseminate information that will educate the public and civic leaders regarding the causes of homelessness and the programs which can end it; (7) To advocate for public policy changes at the local, state, and federal levels that will support the strategies and programs contained in the comprehensive plan; and (8) To collaborate with, and coordinate its comprehensive plan with, the Georgia Coalition to End Homelessness, Inc.
SECTION 8. Contracts for homeless services.

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To the extent that a contract entered into pursuant to the provisions of Sections 7 and 9 of this Act provides therefor, the commission shall have the power to provide such services for the homeless on behalf of public or private agencies as may be reasonably necessary or desirable to carry out effectively programs and services called for by the comprehensive plan developed by the commission under paragraph (1) of Section 7 of this Act.
SECTION 9. Powers and duties.
(a) In addition to any other powers and duties provided for by this Act and in order for the commission to carry out its purposes as described in this Act, the commission shall have the following powers and duties:
(1) To have a seal and alter the same at its pleasure; (2) To acquire, hold, and dispose of in its own name by purchase, gift, lease, or exchange, on such terms and conditions and in such manner and by such instrument as it may deem proper, real and personal property of every kind, character, and description, but the commission shall not have the power to acquire any real or personal property by condemnation or eminent domain; (3) To procure insurance against any loss in connection with its property and other assets of the commission; (4) To exercise the power provided by Code Section 45-9-1 of the O.C.G.A. to procure policies of liability insurance or contracts of indemnity or to formulate sound programs of self-insurance to insure or indemnify members of the commission and its officers and employees against personal liability for damages arising out of the performance of their duties or in any way connected therewith to the extent that such members, officers, or employees are not immune from such liability; (5) To make contracts and to execute all instruments necessary or convenient in connection therewith, and to contract with any departments, institutions, agencies, counties, municipalities, or political subdivisions of the State of Georgia, public corporations, and private legal entities and others upon such terms and for such purposes as may be deemed advisable for a term not exceeding 50 years pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia; (6) To adopt, alter, or repeal its owns bylaws, policies, procedures, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the commission may deem necessary or expedient in facilitating its business. Such bylaws shall include provisions regulating the application for federal, state, and private funds; (7) To create by resolution or through its bylaws such advisory committees or groups of advisers as it deems appropriate to assist or advise the commission in carrying out its duties or accomplishing the purposes of this Act. Such advisory committees or groups shall be composed of such service providers or other persons as the commission shall determine;

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(8) To receive, accept, and utilize gifts, grants, donations, or contributions of money, property, facilities, or services, with or without consideration, from any person, firm, corporation, foundation, or other entity or from the State of Georgia or any agency, instrumentality, or political subdivision thereof or from the United States or any agency or instrumentality thereof; (9) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested; (10) To the extent that a contract between the commission and a public or private agency provides therefor, to act as an agent for such public or private agency in any matter coming within the purposes or powers of the commission; provided, however, that a contract with a public agency is in compliance with the service delivery strategy of the member jurisdiction as provided in Code Section 36-70-25 of the O.C.G.A.; (11) To select, appoint, and employ professional, administrative, clerical, or other personnel and to contract for professional or other services and to allow suitable compensation for such personnel and services; (12) To do all things necessary or convenient to carry out the powers and purposes of the commission which are expressly provided for in this Act; (13) To apply for grants from private or governmental sources to implement projects in its comprehensive plan but shall not have the power to apply for state or federal funds that have been offered to local governments, including, but not limited to, federal Housing and Urban Development super NOFA funds, without an express request of the local government and in accord with the bylaws, nor shall the commission apply for any grant for a project to be located in a local member jurisdiction if such local government has expressed in writing its opposition to the grant application; (14) To provide notice to the local jurisdiction liaison officer of any substantive discussion concerning a project to be located in that local jurisdiction; and (15) To adopt an annual budget prior to the beginning of each fiscal year and present an annual request for financial support to both governmental participants and nongovernmental participants in the work of the commission but shall not have the authority to create financial obligations for any county or municipality that is a member jurisdiction of the commission or to pledge the full faith and credit of a county or municipality. (b) Notwithstanding any other provision of this Act, no member jurisdiction shall incur any financial obligation pursuant to this Act without the approval of that member jurisdiction.
SECTION 10. Property.
Should said commission for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the commission at the time of such dissolution shall revert to the City of Atlanta or other member jurisdiction wherein the property lies as the

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commission shall determine, subject to any mortgages, liens, leases, or other encumbrances outstanding against or in respect to said property at that time.
SECTION 11. Members as trustees.
The members of the commission shall be accountable in all respects as trustees. The commission shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall provide for an annual independent audit of income and expenditures.
SECTION 12. Charitable and public functions.
Because the commission will be performing valuable charitable and public functions and purposes in the exercise of the powers conferred upon it, the commission shall be required to pay no taxes or assessments to the state or any county, municipality, authority, or political subdivision of the state upon any real or personal property acquired by it, or upon its activities in the operation or maintenance of any facility maintained or acquired by it, or upon any income received by it. The property, facilities, and income of the commission are exempt from levy and sale, garnishment, and attachment. The exemptions from taxation shall not include exemptions from sales and use taxes on property purchased by the commission or for use by the commission.
SECTION 13. Actions.
Any action brought against the commission shall be brought in the superior court of a member jurisdiction.
SECTION 14. Addition of new counties.
By resolution of its governing authority and with the approval of the commission, any county or counties may be added to the membership of the commission. Such additional county or counties shall each appoint three members to the commission, one of the three to be a business leader in metropolitan Atlanta.
SECTION 15. Termination of membership.
By resolution of its governing authority, any county or the City of Atlanta may terminate its membership at any time.

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SECTION 16. Authority of member organizations.
Nothing in this Act shall limit the existing authority of a member jurisdiction to provide services to homeless persons.

SECTION 17. Liberal construction.
Being for the welfare of the state and its inhabitants, this Act shall be liberally construed to effect the purposes of this Act.
SECTION 18. Repealer.
All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Orrock of the 51st et al. move to amend the Senate substitute to HB 1652 by striking the word "Metropolitan" and inserting in lieu thereof the word "Regional" on lines 1 and 2 of page 1; line 28 of page 2, and lines 11 and 12 of page 3.
By striking the word "Six" on line 1 of page 4 and inserting in lieu thereof the word "Eight".
By striking the word "One" on line 2 of page 4 and inserting in lieu thereof the word "Three".

Representative Orrock of the 51st moved that the House agree to the Senate substitute, as amended by the House, to HB 1652.
The motion prevailed.

The following Resolution of the Senate, having previously been read, was again taken up for consideration:

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SR 595. By Senators Crotts of the 17th, Cheeks of the 23rd, Bulloch of the 11th, Stephens of the 51st, Lamutt of the 21st and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that this state shall recognize as marriage only the union of man and woman; to provide for submission of this amendment for ratification or rejection; and for other purposes.

The following amendment was read:

Representative Orrock of the 51st moves to amend SR 595 as follows: By striking on p. 1 lines 12 through 19 in their entirety.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

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

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N Childers N Coan N Coleman, B N Cooper N Crawford N Cummings

JOURNAL OF THE HOUSE

Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

N Maxwell Y McBee N McCall N McClinton N Millar N Mills

N Royal N Rynders Y Sailor N Scott N Shaw N Sheldon

Y Williams, A Y Williams, E N Williams, R E Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 56, nays 120. The amendment was lost.

The following amendment was read:

Representative Bordeaux of the 125th et al. move to amend SR 595 by inserting on line 10 of page 1 between "woman." and "Marriages".
"Adultery by a married person is prohibited."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

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

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

WEDNESDAY, MARCH 31, 2004

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

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

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

On the adoption of the amendment, the ayes were 77, nays 96. The amendment was lost.

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

Representative Rogers of the 20th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

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

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

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

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

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

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

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

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

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

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

On the adoption of the Resolution, the ayes were 122, nays 52. The Resolution, having received the requisite constitutional majority, was adopted.

The following Resolution of the House was read:

HR 1819. By Representatives Skipper of the 116th and Smyre of the 111th

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, unless otherwise provided by subsequent resolution of the General Assembly, the meeting dates and dates of adjournment for the 2004 regular session of the General Assembly for the period of March 31, 2004, through the end of the session shall be as follows:
Wednesday, March 31 .................................................. in session for legislative day 38 Thursday, April 1, through Monday, April 12 ............. in adjournment Tuesday, April 13 ......................................................... in session for legislative day 39 Wednesday, April 14 .................................................... in adjournment Thursday, April 15........................................................ in session for legislative day 40
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 31, 2004

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

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

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

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

On the adoption of the Resolution, the ayes were 141, nays 25. The Resolution was adopted.

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

By unanimous consent, SB 485 was postponed until the next legislative day.

By unanimous consent, SB 198 having been previously postponed, was again postponed until the next legislative day.

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Representative Smith of the 13th District, Post 2, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 553 Do Pass, by Substitute

Respectfully submitted, /s/ Smith of the 13th, Post 2
Chairman

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 1685. By Representatives Brown of the 89th and Smith of the 110th:
A BILL to amend an Act creating the State Court of Troup County, so as to provide for a full-time solicitor-general; to provide for the compensation of said solicitor-general; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend HB 1685 by striking the word "July" on line 14 of page 2 and inserting in its place the word "January".

The following amendment was read:

Representative Brown of the 89th and Smith of the 110th move to amend the Senate amendment to HB 1685 by striking lines 2 and 3 of page 1 and inserting in lieu thereof the following:

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"Amend HB 1685 by striking on line 13 of page 1 the number '21' and inserting in lieu thereof the number '25'.
By striking line 14 on page 2 and inserting in lieu thereof the following:
'This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except the provisions of subsection (c) of Section 1 of this Act relative to compensation shall become effective on January 1, 2005.'"

Representative Brown of the 89th moved that the House agree to the Senate amendment, as amended by the House, to HB 1685.
The motion prevailed.

HB 1263. By Representatives Golick of the 34th, Post 3, Mitchell of the 61st, Post 3 and Harp of the 16th:
A BILL to amend Code Section 33-24-46 of the Official Code of Georgia Annotated, relating to cancellation or nonrenewal of certain property insurance policies, so as to define the term "claim against a policy"; and for other purposes.

The following Senate amendments were read:

Senate Amendment #1
The Senate moves to amend HB 1263 by redesignating Sections 2 and 3 as Sections 3 and 4, respectively, and by striking lines 1 through 3 on page 1 and inserting in lieu thereof the following:
"To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to impose a penalty for violations; to apply the penalty provision to all violations of Code Section 33-1-9, relating to insurance fraud; to define the term 'claim against a policy'; to provide for related matters; to provide an effective date; to repeal".
By striking lines 7 and 8 on page 1 and inserting the following:

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"Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subsection (e) of Code Section 33-1-9, relating to insurance fraud, and inserting in lieu thereof a new subsection (e) to read as follows: '(e) A natural person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more than ten years, or by a fine of not more than $10,000.00, or both.'
SECTION 2. Said title is further amended by striking subsection (b) of Code Section 33-24-46 of the Official Code of Georgia Annotated, relating to cancellation and nonrenewal of certain property insurance policies,".

Senate Amendment #2
The Senate moves to amend HB 1263 by redesignating Sections 2 and 3 as Sections 3 and 4, respectively, and by striking lines 1 through 3 on page 1 and inserting in lieu thereof the following:
"To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to authorize service of orders and notices by electronic mail; to define the term 'claim against a policy'; to provide for related matters; to provide an effective date; to repeal".
By striking lines 7 and 8 on page 1 and inserting the following:
"Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new subsection (d) to Code Section 33-2-10, relating to issuance and service of orders and notices, to read as follows: '(d) In addition to the service provisions set forth in subsection (c) of this Code section, any order of the Commissioner issued to multiple recipients in the form of a general directive, data call, or bulletin may be served by sending it by electronic mail, so that receipt is acknowledged by the recipient, to the electronic mail address on record in the Commissioners office. The Commissioner shall also post such general directive, data call, or bulletin contemporaneously on the departments website.'
SECTION 2. Said title is further amended by striking subsection (b) of Code Section 33-24-46 of the Official Code of Georgia Annotated, relating to cancellation and nonrenewal of certain property insurance policies,".

Representative Golick of the 34th, Post 3 moved that the House agree to the Senate amendments to HB 1263.

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On the motion, the roll call was ordered and the vote was as follows:

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

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

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

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

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

On the motion, the ayes were 144, nays 0. The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 496. By Senators Hill of the 4th, Harp of the 16th, Harbison of the 15th and Crotts of the 17th:

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A BILL to be entitled an Act to amend Part 3 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the adjutant general and other executives, so as to provide that the adjutant general may appoint officers of the organized militia as deputy assistant adjutants general; to provide that such deputy adjutant generals shall be of field rank or general officer rank; to repeal conflicting laws; and for other purposes.

Representative Birdsong of the 104th moved that the House insist on its position in substituting SB 496.
The motion prevailed.

The following Bill and Resolution of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 239. By Representatives Lunsford of the 85th, Post 2, Westmoreland of the 86th, Campbell of the 39th, Keen of the 146th and Maddox of the 59th, Post 2:
A BILL to amend Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to inmate records and earned time allowances in county correctional facilities, so as to change provisions relating to earned time allowances; to increase the maximum amount of earned time which may be awarded when an inmate does work on an authorized work detail; and for other purposes.

The following Senate amendments were read:

Senate Amendment #1
The Senate moves to amend HB 239 by striking on lines 13 and 14 of page 1 the following:
"as county inmates for probation violations of felony offenses or" and inserting in lieu thereof the following:
"as county inmates for probation violations of felony offenses or".

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Senate Amendment #2
The Senate moves to amend HB 239 by striking the word "or" on line 25 of page 1; replacing the period at the end of line 26 of page 1 with "; or"; and inserting after line 26 of page 1 the following:
"(C) A crime committed against a family member as defined in Code Section 19-131."

Representative Lunsford of the 85th, Post 2 moved that the House disagree to the Senate amendments to HB 239.
The motion prevailed.

HR 132. By Representatives Wilkinson of the 41st, Bunn of the 63rd, Ashe of the 42nd, Post 2, Heckstall of the 48th, Post 3, Franklin of the 17th and others:
A RESOLUTION designating the Keith Kalland Connector; and for other purposes.

The following Senate amendments were read:

Senate Amendment #1
The Senate moves to amend HR 132 by inserting after line 21 on page 1 the following:
"(5.1) The intersection of SR 22 and Pettigrew Road in Milledgeville, Georgia, is designated as the 'Rosa Proctor Intersection';".

Senate Amendment #3
The Senate moves to amend HR 132 by striking lines 15 - 18 on page one and inserting in lieu thereof the following:
"GEORGIA that the portion of I-285 from Roswell Road to the Chattahoochee River is designated as the 'Keith Kalland Highway'."

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Senate Amendment #4
Amend the Senate Transportation Committee amendment to HR 132 by inserting between lines 21 and 22 on page 1 the following:
"(5.1) The current and future bridge on Highway 92 in downtown Hiram that crosses over the Southern Railway is designated the "James Polk Lawler Bridge';".

Senate Amendment #5
Amend the Senate Transportation Committee amendment to HR 132 by inserting between lines of page 1 the following:
"(5.1) The bridge over Hardy Street on Highway 61 in Dallas is designated as the "W. A. and Irma Foster Bridge';"

Representative Wilkinson of the 41st moved that the House disagree to the Senate amendments to HR 132.
The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 1821. By Representatives Heckstall of the 48th, Post 3 and Holmes of the 48th, Post 1:
A RESOLUTION supporting formation of municipal uniform crime alert networks, to be known as "Uniform Alert," and encouraging participation by the governing authorities of the Cities of Hapeville, College Park, East Point, and Forest Park; and for other purposes.

HR 1822. By Representatives Birdsong of the 104th, Coleman of the 118th, Heath of the 18th, Warren of the 99th, Sims of the 130th and others:
A RESOLUTION expressing regret at the passing of Chief Warrant Officer Richard Branson; and for other purposes.

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HR 1823. By Representatives Reece of the 11th, Childers of the 13th, Post 1, Holmes of the 48th, Post 1, Smith of the 13th, Post 2 and Ashe of the 42nd, Post 2:
A RESOLUTION commending Mary Elizabeth Knowles; and for other purposes.

HR 1824. By Representatives Reece of the 11th, Childers of the 13th, Post 1, Smith of the 13th, Post 2, Holmes of the 48th, Post 1 and Ashe of the 42nd, Post 2:
A RESOLUTION commending Susan McCain; and for other purposes.

HR 1825. By Representatives Reece of the 11th, Childers of the 13th, Post 1, Holmes of the 48th, Post 1, Smith of the 13th, Post 2 and Ashe of the 42nd, Post 2:
A RESOLUTION commending Mr. Randy Vice; and for other purposes.

HR 1826. By Representatives Reece of the 11th, Childers of the 13th, Post 1, Smith of the 13th, Post 2, Holmes of the 48th, Post 1 and Ashe of the 42nd, Post 2:
A RESOLUTION commending Gina Farmer; and for other purposes.

HR 1827. By Representatives Reece of the 11th, Childers of the 13th, Post 1, Holmes of the 48th, Post 1, Smith of the 13th, Post 2 and Ashe of the 42nd, Post 2:
A RESOLUTION commending Michelle Seamon; and for other purposes.

HR 1828. By Representatives Reece of the 11th, Childers of the 13th, Post 1, Holmes of the 48th, Post 1, Smith of the 13th, Post 2 and Ashe of the 42nd, Post 2:
A RESOLUTION commending Mr. Robert Steelnack; and for other purposes.

HR 1829. By Representatives Reece of the 11th, Childers of the 13th, Post 1, Holmes of the 48th, Post 1, Smith of the 13th, Post 2 and Ashe of the 42nd, Post 2:
A RESOLUTION commending Joey Shepard; and for other purposes.

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HR 1830. By Representatives Reece of the 11th, Childers of the 13th, Post 1, Holmes of the 48th, Post 1, Smith of the 13th, Post 2 and Ashe of the 42nd, Post 2:
A RESOLUTION commending Susan Cochran; and for other purposes.

HR 1831. By Representatives Reece of the 11th, Childers of the 13th, Post 1, Holmes of the 48th, Post 1, Smith of the 13th, Post 2 and Ashe of the 42nd, Post 2:
A RESOLUTION commending Melissa Maynard; and for other purposes.

HR 1832. By Representatives Reece of the 11th, Childers of the 13th, Post 1, Holmes of the 48th, Post 1, Smith of the 13th, Post 2 and Ashe of the 42nd, Post 2:
A RESOLUTION commending Jonathan Boaz; and for other purposes.

HR 1833. By Representatives Reece of the 11th, Childers of the 13th, Post 1, Holmes of the 48th, Post 1, Smith of the 13th, Post 2 and Ashe of the 42nd, Post 2:
A RESOLUTION commending Brendan Finton; and for other purposes.

HR 1834. By Representatives Reece of the 11th, Smith of the 13th, Post 2, Childers of the 13th, Post 1, Holmes of the 48th, Post 1 and Ashe of the 42nd, Post 2:
A RESOLUTION recognizing and commending Ruth Pinson upon the occasion of her selection as the 2004 Floyd County Teacher of the Year; and for other purposes.

HR 1835. By Representatives Reece of the 11th, Childers of the 13th, Post 1, Holmes of the 48th, Post 1, Smith of the 13th, Post 2 and Ashe of the 42nd, Post 2:
A RESOLUTION commending Mr. Kevin Strickland; and for other purposes.

HR 1836. By Representatives Reece of the 11th, Smith of the 13th, Post 2, Childers of the 13th, Post 1, Holmes of the 48th, Post 1 and Ashe of the 42nd, Post 2:

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A RESOLUTION recognizing and commending Deborah Rickman upon the occasion of her selection as the Rome City Schools' Teacher of the Year; and for other purposes.

HR 1837. By Representatives Reece of the 11th, Childers of the 13th, Post 1, Holmes of the 48th, Post 1, Smith of the 13th, Post 2 and Ashe of the 42nd, Post 2:
A RESOLUTION recognizing and commending Mary E. Lovvorn upon the occasion of her selection as the 2004 Chattooga County Teacher of the Year; and for other purposes.

HR 1838. By Representatives Reece of the 11th, Childers of the 13th, Post 1, Holmes of the 48th, Post 1, Smith of the 13th, Post 2 and Ashe of the 42nd, Post 2:
A RESOLUTION commending Lacy Elliott; and for other purposes.

HR 1839. By Representatives Childers of the 13th, Post 1, Reece of the 11th, Smith of the 13th, Post 2 and Holmes of the 48th, Post 1:
A RESOLUTION recognizing The 100 Black Men of Rome, Inc., on the occasion of its 10th anniversary; and for other purposes.

HR 1840. By Representatives Reece of the 11th, Childers of the 13th, Post 1, Holmes of the 48th, Post 1, Smith of the 13th, Post 2 and Ashe of the 42nd, Post 2:
A RESOLUTION commending Addie Watkins; and for other purposes.

HR 1841. By Representatives Smith of the 87th, Butler of the 88th, Post 1, Brown of the 89th and Westmoreland of the 86th:
A RESOLUTION commending Dr. O. Eugene Tyre and recognizing him as the Coweta Chamber of Commerce 2004 Citizen of the Year; and for other purposes.

HR 1842. By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:

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A RESOLUTION honoring the Wayne County Sports Hall of Fame Class of 2004 inductees; and for other purposes.

HR 1843. By Representative Epps of the 90th:
A RESOLUTION recognizing and commending Joyce B. Hull; and for other purposes.

HR 1844. By Representative Epps of the 90th: A RESOLUTION honoring Rubye C. Griggs; and for other purposes.

HR 1845. By Representative Epps of the 90th: A RESOLUTION honoring William J. Griggs; and for other purposes.

HR 1846. By Representative Epps of the 90th: A RESOLUTION honoring Oliver N. Greene; and for other purposes.

HR 1847. By Representative Epps of the 90th: A RESOLUTION honoring Annie Greene; and for other purposes.

HR 1848. By Representatives Manning of the 32nd, Douglas of the 73rd and Stokes of the 72nd:
A RESOLUTION recognizing and commending Honorable Barbara Bunn; and for other purposes.

HR 1849. By Representative Hill of the 147th: A RESOLUTION commending Tami Canale; and for other purposes.

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HR 1850. By Representatives McBee of the 74th and Heard of the 75th:
A RESOLUTION recognizing the University of Georgia Women's Equestrian Team; and for other purposes.

HR 1851. By Representative Smith of the 76th:
A RESOLUTION commending Tyler Swayne on attaining the rank of Eagle Scout; and for other purposes.

HR 1852. By Representative Smith of the 76th:
A RESOLUTION commending William Kennedy on attaining the rank of Eagle Scout; and for other purposes.

HR 1853. By Representative Smith of the 76th:
A RESOLUTION commending Kyle Swayne on attaining the rank of Eagle Scout; and for other purposes.

HR 1854. By Representative Marin of the 66th:
A RESOLUTION recognizing the 2004 Soy Unica Soy Latina Rally and Celebration; and for other purposes.

HR 1855. By Representatives Coleman of the 118th, Birdsong of the 104th, Warren of the 99th, Heath of the 18th, Roberts of the 135th and others:
A RESOLUTION relative to World War II Veterans Recognition Day; and for other purposes.

HR 1856. By Representatives Coleman of the 118th, Howell of the 92nd, Purcell of the 122nd and Smith of the 87th:
A RESOLUTION commending Global Achievers, Inc., and Griffin High School's trading company, IMEX; and for other purposes.

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HR 1857. By Representatives Coleman of the 118th, Parrish of the 102nd, Channell of the 77th, Orrock of the 51st and Gardner of the 42nd, Post 3:
A RESOLUTION commending Il Localino Italian restaurant and recognizing it as a taste of Italy in the City of Atlanta; and for other purposes.

HR 1858. By Representatives Ray of the 108th, Black of the 144th and Crawford of the 91st:
A RESOLUTION commending and congratulating Dr. Lee Myers; and for other purposes.

HR 1859. By Representatives Buckner of the 82nd, Sinkfield of the 50th, Manning of the 32nd, Smith of the 87th, Orrock of the 51st and others:
A RESOLUTION commending and recognizing the Georgia Commission on Women's 2004 Georgia Legacy Award winners; and for other purposes.

Representative Childers of the 13th District, Post 1, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
Your Committee on Health and Human Services has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 513 Do Pass SB 582 Do Pass

Respectfully submitted, /s/ Childers of the 13th, Post 1
Chairman

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:

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The Senate has adopted the third report of the Committee of Conference on the following bill of the House:
HB 237. By Representatives Hanner of the 133rd, McCall of the 78th, Royal of the 140th, Smith of the 87th and Powell of the 23rd:
A BILL to amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional duties and powers of the State Soil and Water Conservation Commission, so as to provide for certain powers and duties related to water resources; to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to change certain provisions relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting water withdrawn by certain irrigation systems; and for other purposes.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
SB 496. By Senators Hill of the 4th, Harp of the 16th, Harbison of the 15th and Crotts of the 17th:
A BILL to be entitled an Act to amend Part 3 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the adjutant general and other executives, so as to provide that the adjutant general may appoint officers of the organized militia as deputy assistant adjutants general; to provide that such deputy adjutant generals shall be of field rank or general officer rank; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Harp of the 16th, Harbison of the 15th, and Hill of the 4th.
The Senate has disagreed to the House substitute to the following bill of the Senate:
SB 418. By Senators Unterman of the 45th, Collins of the 6th, Johnson of the 1st, Balfour of the 9th, Lee of the 29th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide for the crime of female genital mutilation; to provide for penalties; to provide for exceptions; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

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The Senate has disagreed to the House amendment to the following bill of the Senate:
SB 423. By Senator Henson of the 41st:
A BILL to be entitled an Act to amend Code Section 12-3-193 of the Official Code of Georgia Annotated, relating to the members of the Stone Mountain Memorial Association, so as to provide that one member must be a resident of the Stone Mountain area and one member must have a degree or background in botany; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 281. By Senators Kemp of the 3rd, Tanksley of the 32nd, Harp of the 16th, Hooks of the 14th and Cheeks of the 23rd:
A BILL to be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to prohibit the sale or offer for sale of a child by any parent or guardian of a child; to provide for penalties; to repeal conflicting laws; and for other purposes.
The Senate has disagreed to the House amendment to the Senate substitute to the following bill of the House:
HB 1652. By Representatives Orrock of the 51st, Sinkfield of the 50th, Dean of the 49th, Holmes of the 48th, Post 1, Teper of the 42nd, Post 1 and others:
A BILL to create the Metropolitan Commission on Homelessness; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the commission; to provide for the membership of the commission; to provide for the organization and meetings of the commission; to provide the purposes for which the commission is created; and for other purposes.
The Senate insists on its amendments to the following resolution of the House:
HR 132. By Representatives Wilkinson of the 41st, Bunn of the 63rd, Ashe of the 42nd, Post 2, Heckstall of the 48th, Post 3, Franklin of the 17th and others:
A RESOLUTION designating the Keith Kalland Connector; and for other purposes.

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The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 502. By Representatives Bordeaux of the 125th, Campbell of the 39th and Benfield of the 56th, Post 1:
A BILL to amend Code Section 15-11-18 of the Official Code of Georgia Annotated, relating to creation of juvenile courts and provisions relative to juvenile court judges, so as to provide for salary adjustments for full- time and part-time juvenile court judges who are paid with state funds; and for other purposes.
HB 1003. By Representatives Powell of the 23rd, Bruce of the 45th, Westmoreland of the 86th, Stoner of the 34th, Post 1, DeLoach of the 127th and others:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the State Licensing Board for Residential and General Contractors; and for other purposes.
The Senate has disagreed to the House substitute to the following bill of the Senate:
SB 449. By Senators Seabaugh of the 28th and Balfour of the 9th:
A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the O.C.G.A., relating to accountants, so as to repeal certain provisions relating to registered public accountants; to provide that public accountants shall upon application be certificated as certified public accountants; to remove references to registered public accountants; to amend Chapter 40 of Title 43 of the O.C.G.A., relating to real estate brokers and salespersons; to amend Article 13 of Chapter 1 of Title 7 of the O.C.G.A., relating to licensing of mortgage lenders and mortgage brokers, to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate insists on its amendments to the following bill of the House:
HB 239. By Representatives Lunsford of the 85th, Post 2, Westmoreland of the 86th, Campbell of the 39th, Keen of the 146th and Maddox of the 59th, Post 2:
A BILL to amend Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to inmate records and earned time allowances in county correctional facilities, so as to change provisions relating to earned time

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allowances; to increase the maximum amount of earned time which may be awarded when an inmate does work on an authorized work detail; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 1011. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Borders of the 142nd:
A BILL to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions relative to HOPE scholarships and grants, so as to add public and private schools accredited by the Southern Association of Independent Schools to the definition of eligible high schools for the purposes of the HOPE program; and for other purposes.

The following communication was received:

House of Representatives Atlanta

March 30, 2004

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Effective this date, I am appointing Representative Nikki Randall as Chair of the Interstate Cooperation Committee and Representative Ann Purcell as Vice Chair of same committee.
Sincerely,
/s/ Terry Coleman Speaker
TLC/gm

WEDNESDAY, MARCH 31, 2004
cc: Representative Nikki Randall Representative Ann Purcell Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research

3075

The Speaker announced the House in recess until 12:00 A.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

3076

JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia
Thursday, April 1, 2004

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

By unanimous consent, the call of the roll was dispensed with.

Prayer was offered by the Reverend Daniel R. Hocker, Pastor, Christian Fellowship Assembly, Tunnel Hill, Georgia.

The members pledged allegiance to the flag.

Representative Dukes of the 136th, Vice-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.

THURSDAY, APRIL 1, 2004 The following communication was received:

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House of Representatives Legislative Office Building, Room 612
Atlanta, Georgia 30334

April 1, 2004

Mr. Robbie Rivers, Clerk Georgia House of Representatives 309 State Capitol Atlanta, GA 30334
Dear Mr. Rivers,
As you are aware, I became ill last evening and left before debate concluded on SB 595. I would like for the House Journal to reflect, through means of this letter, that had I been able to stay, my vote would have been in the affirmative to address the concerns and desires of the constituency of my district.
Thanking you in advance for attention to this matter, I remain
Sincerely,
/s/ Sistie Hudson Rep. Sistie Hudson Representative, District 95

By unanimous consent, the following Bill of the House was introduced, read the first time and referred to the Committee:

HB 1835. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change certain provisions relating to voluntary separation, abandonment, or driving off of spouse; to create a duty to provide child support for a mentally or physically disabled child beyond

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the age of majority; to provide for modification of postmajority child support; to provide that a child's eligibility to receive public benefits shall not be impacted by an award of postmajority child support; and for other purposes.

Referred to the Committee on Judiciary.

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

HR 1816 HR 1817 HR 1818 HR 1820

SB 589 SB 631 SB 634 SR 907

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

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

SB 465 SB 477 SB 509 SB 547 SB 580

Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass

SB 600 SB 601 SB 610 SB 625 SB 626

Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, APRIL 1, 2004

THURSDAY, APRIL 1, 2004

3079

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 39th Legislative Day as enumerated below:

SR 843 SR 869

UNCONTESTED HOUSE/SENATE RESOLUTIONS
Designate; Woodpecker Trail Highway; 10 counties Designate; Judge Jim Weeks Intersection; Dekalb County

DEBATE CALENDAR

SB 263 SB 357 SB 403 SB 492
SB 582
SB 584

Vital Records; birth certificate in legitimations, paternity, adoptions Motor Vehicles; used parts dealers' registration; redefine rebuilder Georgia Self-Service Storage Facility Act; change certain definitions Bingo; licensed operator; may assist in operation of games in licensed auxiliary Head injured/spinal cord disabled persons; reporting procedures; provisions State employees salaries; federated charitable organizations; welfare services

Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Smyre of the 111th
Chairman

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

SB 465.

By Senators Thomas of the 2nd and Johnson of the 1st:
A BILL to be entitled an Act to amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

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The following Committee substitute was read and adopted:

A BILL
To amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, is amended by striking Section 3 and inserting in its place a new Section 3 to read as follows:
"SECTION 3. (a) For purposes of electing members of the board of commissioners, Chatham County is divided into eight commissioner districts. One member of the board shall be elected from each such district. The eight commissioner districts shall be and correspond to those eight numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: Alternative-F2 Plan Type: Local User: Gina Administrator: Chatham Co. (b) When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Chatham County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Chatham County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia.

THURSDAY, APRIL 1, 2004

3081

(c) Commissioner Districts 1, 2, 3, 4, 5, 6, 7, and 8, as they exist on January 1, 2004, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, 5, 6, 7, and 8, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act."
SECTION 2. It shall be the duty of the attorney of the Board of Commissioners of Chatham County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
District 001 Chatham County
Tract: 102 BG: 3 3000 3001 3004 3005 3006 3020 3021 Tract: 110.03 Tract: 110.04 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3026 3983 3984 3985 3986 3987 3988 3989 3990 3991 3992 3993 3994 3995 3997 3998 3999 Tract: 111.01 BG: 1 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5996 5997 5998 5999 Tract: 29 Tract: 30 BG: 2 BG: 3 Tract: 34 BG: 3 BG: 4 BG: 5 BG: 6

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Tract: 39 BG: 1 1025 1026 1027 1028 BG: 4 4000 4001 4002 4003 Tract: 40.01 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 40.02 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 BG: 2 BG: 3 BG: 5 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 Tract: 41 Tract: 42.02 BG: 5 5000

District 002 Chatham County
Tract: 101.01 BG: 1 BG: 2 2004 2018 2019 2021 2022 2023 2024 2025 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2068 2069 2071 2076 Tract: 11 Tract: 13 BG: 1 1000 Tract: 15 Tract: 20 Tract: 21 Tract: 22 Tract: 24

THURSDAY, APRIL 1, 2004
BG: 1 1000 1001 1002 1003 1006 1007 1008 1009 1010 1011 1012 1013 1014 1017 1018 1019 1020 1021 1022 BG: 2 2000 2001 2002 2003 2004 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2033 2034 2035 2036 2037 2038 2039 2040 Tract: 25 Tract: 26 Tract: 27 Tract: 3 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 Tract: 30 BG: 1 Tract: 35.01 Tract: 35.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1014 1015 1016 1017 1018 1019 Tract: 36.01 BG: 1 1000 1001 1002 1003 1005 1006 1009 1010 1011 1012 1013 1014 1015 1018 1019 BG: 4 4006 4008 4009 4010 4013 4014 Tract: 36.02 BG: 4 4005 4006 4009 4010 4019 4020 4021 4031 Tract: 37 BG: 1 BG: 2 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016
District 003 Chatham County
Tract: 101.01 BG: 2 2000 2001 2002 2003 2005 2006 2007 2008 2009 2010 2011 2012

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JOURNAL OF THE HOUSE

2013 2014 2015 2016 2017 2020 2026 2027 2028 2029 2030 2055 2056 2067 2070 2072 2073 2074 2075 2077 2078 2995 2996 2997 2998 2999 Tract: 101.02 Tract: 102 BG: 1 BG: 2 BG: 3 3002 3003 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 Tract: 106.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1074 1075 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1984 1992 1993 1994 1995 1996 1997 1998 1999 Tract: 111.01 BG: 5 5015 5016 5017 5018 5019 5020 5021 5022 5023 5993 5994 5995 Tract: 13 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1020 Tract: 3 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1018 1019 1020 1021 1022 1023 1024 1025 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1076 1077 1078 1079 1080 1081 1082 1083 1084 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1999 BG: 2 2000 2037 2038 2039 2040 2041 2046 2047 2048 2049 2050 2051 2052 2053 2054 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 Tract: 35.02 BG: 1 1013 1020 1021 1022 1023 1024 BG: 2 BG: 3 BG: 4

THURSDAY, APRIL 1, 2004
Tract: 36.01 BG: 1 1004 1007 1008 1016 1017 1020 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4007 4011 4012 4999 Tract: 36.02 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4007 4008 4011 4012 4013 4014 4015 4016 4017 4018 4022 4023 4024 4025 4026 4027 4028 4029 4030 4032 4033 BG: 5 Tract: 37 BG: 2 2000 2001 2002 2003 2004 2005 2006 Tract: 38 Tract: 39 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 BG: 2 BG: 3 BG: 4 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 Tract: 40.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1023 1024 1025 1026 1027 1028 Tract: 8 Tract: 9
District 004 Chatham County
Tract: 109.02 BG: 1 1048 1999

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JOURNAL OF THE HOUSE

Tract: 110.02 Tract: 110.04 BG: 3 3024 3025 3996 Tract: 111.01 BG: 2 BG: 3 BG: 4 Tract: 111.03 Tract: 111.04 Tract: 111.05

District 005 Chatham County
Tract: 105.02 BG: 1 1007 1008 1009 1010 1011 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 Tract: 109.01 BG: 1 1000 Tract: 28 Tract: 34 BG: 1 BG: 2 Tract: 40.01 BG: 1 Tract: 42.02 BG: 1 BG: 2 BG: 3 BG: 6 6000 6001 BG: 7 7000 7001 Tract: 42.05 BG: 4 4007 4013 Tract: 42.07

THURSDAY, APRIL 1, 2004
Tract: 42.08 Tract: 43 Tract: 44 Tract: 45 BG: 2 2008 2009 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 BG: 3 BG: 4
District 006 Chatham County
Tract: 108.02 BG: 2 2038 2040 2041 2042 2043 2044 2997 2999 Tract: 108.04 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 BG: 3 Tract: 108.05 BG: 2 BG: 3 Tract: 109.01 BG: 1 1001 1002 1003 1004 1005 BG: 2 BG: 3 Tract: 109.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1049 1994 1995 1996 1997 1998 Tract: 40.02 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 Tract: 42.02 BG: 4 BG: 5 5001 5002

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JOURNAL OF THE HOUSE

BG: 6 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 BG: 7 7002 7003 7004 7005 7006 7007 7008 7009 7010 7011 7012 7013 7014 7015 7016 7017 7998 7999 BG: 8 BG: 9 Tract: 42.05 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4008 4009 4010 4011 4012 4014 4015 4016 4017 4018 4019 4020 4999 BG: 5 BG: 6 BG: 7 Tract: 42.06

District 007 Chatham County
Tract: 105.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 BG: 2 2006 2007 2008 2009 2010 2011 Tract: 106.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 BG: 2 BG: 3 3001 3002 3003 3004 3005 3006 BG: 4 4000 4001 4002 4003 Tract: 106.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1017 1018 1019 1020 1021 1022 1023 1024 1025 BG: 2 Tract: 106.04 BG: 1

THURSDAY, APRIL 1, 2004
1063 Tract: 107 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1182 1183 1184 1185 1186 1187 1188 1983 1984 1985 1986 1987 1988 1991 1992 1993 1994 1995 1996 1997 1998 1999 BG: 3 BG: 4 BG: 5 Tract: 108.01 Tract: 108.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2039 2045 2046 2047 2048 2998 Tract: 108.03 Tract: 108.04 BG: 1 BG: 2 2000 2001 2002 BG: 4 BG: 5 Tract: 108.05 BG: 1
District 008

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JOURNAL OF THE HOUSE

Chatham County Tract: 1 Tract: 105.01 BG: 1 1010 1011 1012 1013 1014 1015 1016 1017 BG: 2 2000 2001 2002 2003 2004 2005 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 BG: 3 BG: 4 BG: 5 Tract: 105.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1012 1013 1014 1015 1016 1017 1033 1034 1035 1999 BG: 2 2012 Tract: 106.01 BG: 1 1013 BG: 3 3000 3007 3008 3009 3010 3011 3012 3013 3014 3015 BG: 4 4004 4005 4006 4007 4008 4009 4010 4011 4012 BG: 5 BG: 6 Tract: 106.03 BG: 1 1015 1016 Tract: 106.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 Tract: 106.05 BG: 1 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027

THURSDAY, APRIL 1, 2004
1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1076 1077 1078 1079 1080 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1985 1986 1987 1988 1989 1990 1991 BG: 2 Tract: 107 BG: 1 1161 1162 1178 1179 1180 1181 1989 1990 Tract: 12 Tract: 13 BG: 1 1015 1016 1017 1018 1019 1021 1022 1023 1024 BG: 2 Tract: 18 Tract: 19 Tract: 23 Tract: 24 BG: 1 1004 1005 1015 1016 BG: 2 2005 2006 2019 2020 2031 2032 2041 Tract: 3 BG: 1 1011 1012 1013 1014 1015 1016 1017 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1162 1163 1164 BG: 2 2042 2043 2044 2045 2055 2056 2057 Tract: 32 Tract: 33.01 Tract: 33.02 Tract: 45 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2010 2011 2012 2013

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JOURNAL OF THE HOUSE

2014 2015 2016 2017 2018 2019 2020 2021 Tract: 6.01

The 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 ayes were 93, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 509. By Senator Cheeks of the 23rd:
A BILL to be entitled an Act to amend an Act entitled "An Act to incorporate the town of Wrens, in the county of Jefferson," approved December 17, 1901 (Ga. L. 1901, p. 722), as amended, so as to provide that the governing authority may establish the compensation of its members in accordance with general law; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 547. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend an Act to provide for the election of members to the Dade County board of education, approved February 6, 1984 (Ga. L. 1984, p. 3575), as amended, so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, APRIL 1, 2004

3093

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 93, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 625. By Senator Lee of the 29th:
A BILL to be entitled an Act to create the Heard County Public Facilities Authority; to provide for a short title; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, compensation, and expenses; to provide for vacancies, organization, meetings, and quorum; to provide for definitions; to provide for the powers and duties of the authority; to provide for revenue bonds and their form, denominations, signatures thereon, negotiability, and sale and use of proceeds from such sales; to provide for interim documents and for lost or mutilated bonds; to provide conditions for issuance; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 626. By Senator Gillis of the 20th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5491), so as to annex certain tracts or parcels of land into the City of Soperton and to change the description of the council districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.

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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 93, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 580. By Senators Clay of the 37th, Lamutt of the 21st and Tanksley of the 32nd:
A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4668), so as to change the compensation of the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

SB 477. By Senators Johnson of the 1st and Kemp of the 3rd:
A BILL to be entitled an Act to provide for the repeal of the amendment to the Constitution providing that the general homestead exemption from ad valorem taxation shall not apply to taxes assessed and levied by Glynn County for the support and maintenance of education, which amendment was proposed by 1956 House Resolution No. 59-163h; Resolution Act No. 27 (Ga. L. 1956, p. 253) and was continued in force and effect by an Act approved February 24, 1987 (Ga. L. 1987, p. 3610); to thereby grant the general $2,000.00 homestead exemption with respect to taxes assessed and levied by Glynn County for the support and maintenance of education; to provide for a referendum with respect to the effectiveness of the foregoing; to recite constitutional authority; to provide for submission under the federal Voting Rights Act; to provide for related matters; to repeal conflicting laws; and for other purposes.

THURSDAY, APRIL 1, 2004

3095

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

SB 600. By Senators Kemp of the 3rd and Johnson of the 1st:
A BILL to be entitled an Act to provide for a homestead exemption from Liberty County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for a short title; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

SB 601. By Senators Kemp of the 3rd and Johnson of the 1st:
A BILL to be entitled an Act to provide for a homestead exemption from Liberty County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide a short title; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

SB 610. By Senators Zamarripa of the 36th, Levetan of the 40th, Price of the 56th, Tanksley of the 32nd and Moody of the 27th:
A BILL to be entitled an Act to provide for a homestead exemption from Fulton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to

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specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

On the passage of the Bills, the roll call was ordered and the vote was as follows:

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

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

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

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

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

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On the passage of the Bills, the ayes were 122, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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 and resolutions of the House:
HB 653. By Representatives Rogers of the 15th, Smith of the 13th, Post 2, Buckner of the 82nd, Rynders of the 137th, O`Neal of the 117th and others:
A BILL to amend Code Section 16-12-171 of the Official Code of Georgia Annotated, relating to prohibited acts related to sale or distribution to or purchase by minors of cigarettes and tobacco related objects, so as to prohibit possession of cigarettes of tobacco related objects by minors; and for other purposes.
HB 810. By Representative Jenkins of the 93rd:
A BILL to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of superior court clerks, so as to provide for certain fees and to extend the sunset date of such fees; to amend Code Section 15-697 of the Official Code of Georgia Annotated, relating to the state-wide uniform automated information system for property records, so as to extend the sunset date of said Code section; to amend Code Section 15-6-98 of the Official Code of Georgia Annotated, relating to collection and remittance of certain fees to the Georgia Superior Court Clerks' Cooperative Authority, so as to extend the sunset date of said Code section; and for other purposes.
HB 1093. By Representatives Hill of the 81st, Chambers of the 53rd, Barnes of the 84th, Post 2, Dodson of the 84th, Post 1 and Walker of the 71st, Post 1:
A BILL to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to provide that no person convicted of child molestation shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42, relating to probation of first offenders; and for other purposes.

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HB 1107. By Representatives Rogers of the 20th, Hanner of the 133rd, Royal of the 140th, Shaw of the 143rd and Jenkins of the 8th:
A BILL to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to current use assessment for ad valorem taxation of bona fide conservation use property, so as to include undeveloped riverside or streamside lands within buffer zones established by law or local ordinance as eligible for such assessment; and for other purposes.
HB 1167. By Representatives Forster of the 3rd, Post 1 and Heard of the 70th, Post 3:
A BILL to amend Code Section 43-4-11 of the Official Code of Georgia Annotated, relating to the qualifications of applicants for examination or certificate of registration to practice architecture, so as to extend certain deadlines for the use of certain educational and training requirements to qualify for examination by the Georgia State Board of Architects and Interior Designers; and for other purposes.
HB 1265. By Representative Childers of the 13th, Post 1:
A BILL to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to change certain provisions relating to practicing medicine without a license; to provide for the issuance of temporary postgraduate training permits; and for other purposes.
HB 1428. By Representatives Westmoreland of the 86th, Smith of the 129th, Post 2, Rice of the 64th, Mosley of the 129th, Post 1, Coan of the 67th, Post 1 and others:
A BILL to amend Code Section 20-2-690 of the Official Code of Georgia Annotated, relating to requirements for private schools and home study programs, so as to change certain qualifications of tutors in home study programs; and for other purposes.
HB 1526. By Representatives Harbin of the 80th, Buckner of the 109th, Smith of the 110th, Walker of the 71st, Post 1 and Randall of the 107th:
A BILL to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, so as to expand the childhood vaccination registry to include vaccination on all persons from birth through death; and for other purposes.

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HB 1528. By Representatives Royal of the 140th, Buck of the 112th, Skipper of the 116th, Parrish of the 102nd, Borders of the 142nd and others:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption with respect to sales of certain tangible personal property to, or used in the construction of, certain corporate attractions; and for other purposes.
HB 1547. By Representatives Greene of the 134th, Purcell of the 122nd and McBee of the 74th:
A BILL to amend Code Section 20-3-312 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Student Finance Authority, so as to make editorial changes to certain definitions; and for other purposes.
HR 1308. By Representatives Barnes of the 84th, Post 2, Stokes of the 72nd, Howell of the 92nd, Jones of the 38th, Sheldon of the 71st, Post 2 and others:
A RESOLUTION ratifying the action of the Board of Community Affairs incorporating certain portions of certain counties into the Atlanta Regional Commission for certain purposes only; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 1028. By Representative Powell of the 23rd:
A BILL to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative findings; to create the Georgia Hospital Insurance Authority; to provide a short title; to provide for definitions; to provide for the members of the authority and their selection, service, and terms of office; and for other purposes.
HB 1136. By Representatives Lunsford of the 85th, Post 2, Royal of the 140th, Westmoreland of the 86th, Graves of the 10th, Yates of the 85th, Post 1 and others:
A BILL to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the

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Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; and for other purposes.
HB 1138. By Representatives Smith of the 13th, Post 2, Greene of the 134th, Smith of the 110th and Benfield of the 56th, Post 1:
A BILL to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions for offenses against public health and morals, so as to provide for the crime of smoking in a motor vehicle on a state highway, county road, or municipal street or on private property while a child is restrained in a child passenger restraining system; and for other purposes.
HB 1190. By Representatives O`Neal of the 117th, Coleman of the 65th, Burkhalter of the 36th and Golick of the 34th, Post 3:
A BILL to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for the revision of certain provisions regarding education flexibility and accountability; to change certain provisions regarding school councils; to change certain provisions regarding early intervention programs; to change certain provisions regarding budgeting, funding, and accounting; to change certain provisions regarding program weights; to change certain provisions regarding effectiveness assessment; to amend the Official Code of Georgia Annotated, so as to change the name "Office of Education Accountability" to "Office of Student Achievement"; and for other purposes.

The Speaker announced the House in recess until 2:00 o'clock this afternoon.

THURSDAY, APRIL 1, 2004 AFTERNOON SESSION

3101

The Speaker called the House to order.

The following Resolutions of the House were read and adopted:

HR 1860. By Representative Bannister of the 70th, Post 1:
A RESOLUTION commending Stephen Andrew Maenpaa; and for other purposes.

HR 1861. By Representatives Coleman of the 118th, Buck of the 112th, Skipper of the 116th, Royal of the 140th, Powell of the 23rd and others:
A RESOLUTION commending Don Cox; and for other purposes.

HR 1862. By Representative Martin of the 37th: A RESOLUTION commending John McLaughlin; and for other purposes.

HR 1863. By Representatives Smith of the 13th, Post 2, Cummings of the 19th and Lewis of the 12th:
A RESOLUTION commending the SafeAmerica Foundation and recognizing its efforts to increase driver safety education; and for other purposes.

HR 1864. By Representative Stephens of the 123rd: A RESOLUTION commending Donald Sims; and for other purposes.

HR 1865. By Representative Mobley of the 58th:
A RESOLUTION designating the month of May as "Stroke Awareness Month in Georgia"; and for other purposes.

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HR 1866. By Representative Chambers of the 53rd:
A RESOLUTION commending the Vietnamese community in Georgia and recognizing the community's pride in their "Vietnamese Heritage and Freedom Flag"; and for other purposes.

HR 1867. By Representatives Smith of the 13th, Post 2, Cummings of the 19th and Lewis of the 12th:
A RESOLUTION recognizing, commending, and saluting life-long Floyd County resident Mr. James R. Mehaffey; and for other purposes.

HR 1868. By Representative Burmeister of the 96th:
A RESOLUTION commending the Augusta State University Lady Jaguars basketball team; and for other purposes.

HR 1869. By Representative Oliver of the 121st, Post 2:
A RESOLUTION honoring and remembering the life and public service of Mr. Grady Mack Rogers, Jr.; and for other purposes.

HR 1870. By Representatives Yates of the 85th, Post 1, Lunsford of the 85th, Post 2, Westmoreland of the 86th, Coleman of the 118th and Skipper of the 116th:
A RESOLUTION commending SIGVARIS Inc., and its fight against venous disease and recognizing October 15, 2004, as "Healthy Leg Day"; 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 and Senate:

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HB 669. By Representative Greene of the 134th:
A BILL to provide a homestead exemption from Clay County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 62 years of age or older; and for other purposes.
HB 1127. By Representatives DeLoach of the 127th, Lane of the 101st, Barnard of the 121st, Post 1, Parrish of the 102nd and Oliver of the 121st, Post 2:
A BILL to provide a new charter for the City of Brooklet; and for other purposes.
HB 1312. By Representatives Campbell of the 39th, Willard of the 40th and Wilkinson of the 41st:
A BILL to amend an Act to reincorporate the City of Roswell in the County of Fulton, so as to change the method of selection of the mayor pro tempore; and for other purposes.
HB 1364. By Representatives Channell of the 77th and Hudson of the 95th:
A BILL to provide for a homestead exemption from Putnam County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for residents of that county who are 70 years of age or older; and for other purposes.
HB 1365. By Representatives Channell of the 77th and Hudson of the 95th:
A BILL to provide for a homestead exemption from Putnam County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; and for other purposes.
HB 1366. By Representatives Channell of the 77th and Hudson of the 95th:
A BILL to provide for a homestead exemption from Putnam County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for residents of that school district who are 70 years of age or older; and for other purposes.

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HB 1495. By Representative Hanner of the 133rd:
A BILL to amend an Act creating the Dawson-Terrell County Airport Authority, so as to change the name of the authority; to change the membership so as to provide that the City of Dawson shall not have any appointing authority; to delete references to the City of Dawson throughout said Act; and for other purposes.
HB 1538. By Representatives Lunsford of the 85th, Post 2, Yates of the 85th, Post 1, Watson of the 60th, Post 2, Maddox of the 59th, Post 2, Barnes of the 84th, Post 2 and others:
A BILL to provide for a homestead exemption from certain Henry County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.
HB 1606. By Representatives Mills of the 67th, Post 2, Coan of the 67th, Post 1, Reece of the 21st, Amerson of the 9th and Rogers of the 20th:
A BILL to amend an Act providing for homestead exemptions from Hall County School District ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens, so as to allow such exemptions to continue to be received by unremarried surviving widows or widowers; and for other purposes.
HB 1650. By Representatives Richardson of the 26th, Teilhet of the 34th, Post 2, Manning of the 32nd, Dollar of the 31st, Wix of the 33rd, Post 1 and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to add an additional judge to Division 1 of the State Court of Cobb County; to add an additional judge to the second division of the State Court of Cobb County; and for other purposes.
HB 1659. By Representatives Wix of the 33rd, Post 1, Ehrhart of the 28th, Manning of the 32nd, Teilhet of the 34th, Post 2, Golick of the 34th, Post 3 and others:
A BILL to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court; and for other purposes.

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HB 1675. By Representatives Rogers of the 20th, Amerson of the 9th and Reece of the 21st:
A BILL to amend an Act creating a new charter for the City of Gainesville and creating the City of Gainesville School District, so as to provide for the public schools, School District, and Board of Education of the City of Gainesville; to provide for general powers, duties, authority to levy ad valorem taxes, rights, and obligations of the Board of Education and the School District; and for other purposes.
HB 1756. By Representatives Murphy of the 14th, Post 2, Knox of the 14th, Post 1, Rogers of the 15th, Lewis of the 12th and Franklin of the 17th:
A BILL to amend an Act entitled "An Act to provide a new charter for the City of Ball Ground," so as to change the corporate limits of the city by annexing certain property; and for other purposes.
HB 1774. By Representatives Hill of the 16th, Rogers of the 15th, Franklin of the 17th, Murphy of the 14th, Post 2, Knox of the 14th, Post 1 and others:
A BILL to create the Holly Springs Parks and Recreation Authority; to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas; and for other purposes.
HB 1778. By Representative Stephens of the 123rd:
A BILL to provide a new charter for the City of Pooler; to provide for incorporation, boundaries, and powers of the city; and for other purposes.
HB 1780. By Representatives Purcell of the 122nd and Stephens of the 123rd:
A BILL to amend an Act reincorporating the City of Guyton in the County of Effingham, so as to annex certain territory into the city and change the corporate limits of the city; and for other purposes.
HB 1781. By Representatives Purcell of the 122nd and Stephens of the 123rd:
A BILL to amend an Act reincorporating the City of Guyton in the County of Effingham, so as to annex certain territory into the city and change the corporate limits of the city; and for other purposes.

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HB 1794. By Representative Powell of the 23rd:
A BILL to amend an Act providing a new charter for the City of Carnesville, so as to change the corporate limits of the city; and for other purposes.
HB 1796. By Representative Jamieson of the 22nd:
A BILL to create the Stephens County Historic Courthouse Restoration Authority; to provide for a definition; to provide for the purpose and powers of the authority; to provide for appointment, eligibility, and terms of members of the authority; and for other purposes.
HB 1797. By Representatives Hill of the 16th, Lewis of the 12th, Franklin of the 17th, Knox of the 14th, Post 1, Murphy of the 14th, Post 2 and others:
A BILL to amend an Act providing a new charter for the City of Waleska, so as to change certain provisions regarding corporate boundaries; to change certain provisions regarding municipal powers; to change certain provisions regarding municipal elections; to change certain provisions regarding council creation; and for other purposes.
HB 1798. By Representatives Smith of the 13th, Post 2, Childers of the 13th, Post 1 and Reece of the 11th:
A BILL to amend an Act providing for a homestead exemption from City of Rome independent school district ad valorem taxes for educational purposes for certain residents of that school district, so as to change the definition of homestead for purposes of the homestead exemption for persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00 and the homestead exemption for persons who are 65 years of age or over regardless of income; and for other purposes.
HB 1801. By Representative McCall of the 78th:
A BILL to amend an Act providing a new charter for the City of Bowman, so as to change provisions relating to the quorum and voting procedures for the city council; to change provisions relating to ordinance form and procedures; to change provisions relating to the powers and duties of the mayor; and for other purposes.
HB 1810. By Representatives Rogers of the 15th, Franklin of the 17th, Knox of the 14th, Post 1 and Hill of the 16th:

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A BILL to authorize the City of Holly 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.
HB 1816. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to provide for an advisory referendum election to be held in Brantley County for the purpose of submitting to the qualified voters of the county the question of the manner in which the county should cause the collection and disposal of the county's residential waste; and for other purposes.
HB 1817. By Representatives Elrod of the 25th and Massey of the 24th:
A BILL to reconstitute the law governing the Jackson County School System; to provide for the repeal of the amendment to the Constitution providing for matters regarding the selection and service of members of the board of education of Jackson County and the school superintendent; to provide for matters regarding the future selection and service of members of the board of education of Jackson County and the school superintendent; to provide for a referendum; and for other purposes.
HB 1818. By Representative Hudson of the 95th:
A BILL to provide a new charter for the Town of Mitchell; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; and for other purposes.
HB 1819. By Representative Crawford of the 91st:
A BILL to amend an Act creating the board of commissioners of Pike County, so as to clarify the duties, powers, and qualifications of the county manager; to provide for vacancies in the office of county manager; and for other purposes.
HB 1821. By Representatives Keen of the 146th, Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Williams of the 128th:

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A BILL to amend an Act providing for a base year assessed value homestead exemption from Glynn County School District ad valorem taxes for educational purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; to allow such exemption to continue to be received by that unremarried surviving spouse; and for other purposes.
HB 1822. By Representatives Ralston of the 6th and Lewis of the 12th:
A BILL to amend an Act to reconstitute the Pickens County Board of Education, so as to provide for certain per diem payments for members of the board; and for other purposes.
HB 1824. By Representative Cummings of the 19th:
A BILL to provide for a homestead exemption from City of Rockmart ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city age 65 and older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; and for other purposes.
HB 1825. By Representatives Keen of the 146th, Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A BILL to amend an Act providing for a base year assessed value homestead exemption from Glynn County ad valorem taxes for county purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; to allow such exemption to continue to be received by that unremarried surviving spouse; and for other purposes.
HB 1826. By Representatives Keen of the 146th, Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to repeal that constitutional amendment duly ratified at the 1956 general election that was proposed by Res. Act No. 27; H.R. No. 59-163h; which continued said constitutional amendment in force and effect as part of the Constitution of the State of Georgia; and for other purposes.
HB 1829. By Representative Jenkins of the 8th:
A BILL to amend an Act reincorporating the City of Clayton, so as to change and extend the corporate limits of said city; and for other purposes.

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HB 1831. By Representatives Martin of the 37th, Jones of the 38th and Burkhalter of the 36th:
A BILL to create the Alpharetta Building Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership of the authority and the members' terms of office, qualifications, duties, powers, ethical obligations, and compensation; and for other purposes.
SB 378. By Senator Smith of the 25th:
A BILL to be entitled an Act to amend an Act incorporating the City of Gray, approved August 22, 1911 (Ga. L. 1911, p. 1267), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes
SB 379. By Senators Hooks of the 14th, Meyer von Bremen of the 12th and Bowen of the 13th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended, particularly by an Act approved March 30,1993 (Ga. L. 1993, p. 4291), so as to change the description of the commission districts; to provide for definitions and inclusion; to provide for continuation in office of current members; to provide for elections; to provide for terms; to provide for submissions; to repeal conflicting laws; and for other purposes.
SB 380. By Senators Hooks of the 14th, Meyer von Bremen of the 12th and Bowen of the 13th:
A BILL to be entitled an Act to amend an Act creating the Dougherty County school system, approved February 5, 1951 (Ga. L. 1951, p. 2233), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4749), so as to change the description of the education districts of the board of education of such school system; to provide for definitions and inclusions; to provide for elections; to provide for terms; to provide for submissions; to repeal conflicting laws; and for other purposes.
SB 545. By Senator Thompson of the 33rd:
A BILL to be entitled an Act 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

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O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
SB 613. By Senators Zamarripa of the 36th, Levetan of the 40th, Adelman of the 42nd and Tanksley of the 32nd:
A BILL to be entitled an Act to provide for a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
SB 628. By Senators Hudgens of the 47th and Cagle of the 49th:
A BILL to be entitled an Act to amend an Act creating a board of education of Madison County, approved March 24, 1988 (Ga. L. 1988, p. 4698), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4421), so as to make technical changes in said 2002 amendatory Act; to provide for the manner and time of election for members of the board; to ratify and confirm, to the maximum extent possible, any election previously held under the provisions of such amendatory Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 1752. By Representatives Harper of the 88th, Post 2 and Butler of the 88th, Post 1:
A BILL to continue the existence of the Carrollton Independent School System under the management and control of the Carrollton Board of Education; to provide for the composition, term of office, and qualifications of members of the board; to provide for continuation in office; to provide for election wards; and for other purposes.
HB 1786. By Representatives Lucas of the 105th, Randall of the 107th and Graves of the 106th:
A BILL to provide for the creation of one or more community improvement districts in the City of Macon; to provide for the purposes of said district or

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districts; to provide for definitions; to provide for a board to administer said district or districts; and for other purposes.
HB 1823. By Representatives Martin of the 37th, Burkhalter of the 36th, Jones of the 38th and Campbell of the 39th:
A BILL to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, so as to change the provisions relating to the compensation of the mayor and councilmembers; to provide for a referendum; to provide a contingent effective date; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the House and Senate:
HR 940. By Representatives Douglas of the 73rd, Stokes of the 72nd, Walker of the 71st, Post 1 and Sheldon of the 71st, Post 2:
A RESOLUTION designating the Mayor George Merron Peters Memorial Highway; and for other purposes.
HR 1190. By Representative Royal of the 140th:
A RESOLUTION commending John Pelham and designating the John Pelham Memorial Parkway; and for other purposes.
HR 1262. By Representative Anderson of the 100th:
A RESOLUTION honoring the Military Veterans of Burke County and designating the Burke j Veterans Parkway; and for other purposes.
HR 1349. By Representatives Brock of the 5th, Graves of the 10th, Forster of the 3rd, Post 1 and White of the 3rd, Post 2:
A RESOLUTION designating the Rembert Olen McAfee Bridge; and for other purposes.
HR 1373. By Representatives Sholar of the 141st, Post 1 and Broome of the 141st, Post 2:
A RESOLUTION designating the Julien B. Roddenbery, Sr. Memorial Drive; and for other purposes.

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HR 1404. By Representatives Day of the 126th and Stephens of the 123rd:
A RESOLUTION designating the Joy N. KIeeman Memorial Bikeway; and for other purposes.
HR 1440. By Representatives Birdsong of the 104th, Parham of the 94th and Jenkins of the 93rd:
A RESOLUTION designating the Bill Conn Parkway; and for other purposes.
HR 1454. By Representative Birdsong of the 104th:
A RESOLUTION designating the "Max R. Davey Bridge"; and for other purposes.
HR 1455. By Representative Birdsong of the 104th:
A RESOLUTION honoring the memory of Mr. C. L. Mapp and designating the "C. L. Mapp Bridge"; and for other purposes.
HR 1456. By Representative Birdsong of the 104th:
A RESOLUTION honoring the memory of Chief J. A. Fountain and designating the "Chief J. A. Fountain Bridge"; and for other purposes.
HR 1460. By Representatives Burkhalter of the 36th, Martin of the 37th, Jones of the 38th, Willard of the 40th and Campbell of the 39th:
A RESOLUTION designating the Bob Fulton Memorial Highway; and for other purposes.
HR 1469. By Representative Stokes of the 72nd:
A RESOLUTION designating a section of Highway 81 from the Covington city limit (Washington Street) north to Monticello Street as the Forrest ''Preacher" Sawyer Memorial Parkway; and for other purposes.
HR 1472. By Representative Sims of the 130th:
A RESOLUTION designating the first bridge south of Willacoochee between Willacoochee and Lakeland on SR 135 South as the Johnny Wayne Spivey Bridge; and for other purposes.

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HR 1473. By Representative Sims of the 130th:
A RESOLUTION designating the bridge between Broxton and Douglas on US 441 as the Ricky L. Crockett Bridge; and for other purposes.
HR 1530. By Representative Hugley of the 113th:
A RESOLUTION recognizing Honorable Aaron Cohn and designating the Aaron Cohn Regional Youth Detention Center; and for other purposes.
SR 828. By Senators Crotts of the 17th and Stokes of the 43rd:
A RESOLUTION designating the Earl Paulk Parkway; and for other purposes.
SR 883. By Senator Cheeks of the 23rd:
A RESOLUTION requesting the Georgia Department of Transportation to reinstate the name of the "T. Watson Mobley Bridge" in Burke County; and for other purposes.
SR 952. By Senators Reed of the 35th and Seay of the 34th:
A RESOLUTION commending James D. (Jim) McGee; designating the James D. (Jim) McGee Memorial Highway; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:

SB 378. By Senator Smith of the 25th:
A BILL to be entitled an Act to amend an Act incorporating the City of Gray, approved August 22, 1911 (Ga. L. 1911, p. 1267), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes

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

SB 379. By Senators Hooks of the 14th, Meyer von Bremen of the 12th and Bowen of the 13th:

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A BILL to be entitled an Act to amend an Act creating a board of commissioners of Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended, particularly by an Act approved March 30,1993 (Ga. L. 1993, p. 4291), so as to change the description of the commission districts; to provide for definitions and inclusion; to provide for continuation in office of current members; to provide for elections; to provide for terms; to provide for submissions; to repeal conflicting laws; and for other purposes.

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

SB 380. By Senators Hooks of the 14th, Meyer von Bremen of the 12th and Bowen of the 13th:
A BILL to be entitled an Act to amend an Act creating the Dougherty County school system, approved February 5, 1951 (Ga. L. 1951, p. 2233), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4749), so as to change the description of the education districts of the board of education of such school system; to provide for definitions and inclusions; to provide for elections; to provide for terms; to provide for submissions; to repeal conflicting laws; and for other purposes.

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

SB 545. By Senator Thompson of the 33rd:
A BILL to be entitled an Act 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 O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

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

SB 613. By Senators Zamarripa of the 36th, Levetan of the 40th, Adelman of the 42nd and Tanksley of the 32nd:

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A BILL to be entitled an Act to provide for a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

SB 628. By Senators Hudgens of the 47th and Cagle of the 49th:
A BILL to be entitled an Act to amend an Act creating a board of education of Madison County, approved March 24, 1988 (Ga. L. 1988, p. 4698), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4421), so as to make technical changes in said 2002 amendatory Act; to provide for the manner and time of election for members of the board; to ratify and confirm, to the maximum extent possible, any election previously held under the provisions of such amendatory Act; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

SR 828. By Senators Crotts of the 17th and Stokes of the 43rd:
A RESOLUTION designating the Earl Paulk Parkway; and for other purposes.

Referred to the Committee on Transportation.

SR 883. By Senator Cheeks of the 23rd:
A RESOLUTION requesting the Georgia Department of Transportation to reinstate the name of the "T. Watson Mobley Bridge" in Burke County; and for other purposes.

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Referred to the Committee on Transportation.

SR 952. By Senators Reed of the 35th and Seay of the 34th:
A RESOLUTION commending James D. (Jim) McGee; designating the James D. (Jim) McGee Memorial Highway; and for other purposes.

Referred to the Committee on Transportation.

Representative Bunn of the 63rd arose to a point of personal privilege and addressed the House.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 1115. By Representative Stephens of the 123rd:
A BILL to create the Garden City Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for Garden City; and for other purposes.

The following Senate substitute was read:

A BILL
To create the Garden City Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for Garden City, Georgia; to provide for its creation and organization; to provide for the membership of the authority and the terms of office and compensation of the members thereof; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. This Act shall be known and may be cited as the "Garden City Area Convention and Visitors Bureau Authority Act."
SECTION 2. (a) The Garden City Area Convention and Visitors Bureau Authority shall consist of 11 members, nine of which shall be regular members and two of which shall be ex officio members. All 11 members of the authority shall be at least 18 years of age and residents of the City of Garden City or owners or employees of businesses within the city. At least four of the nine regular members shall be either an owner, operator, or manager of a hotel, motel, or restaurant in the city. The mayor and each city councilperson shall appoint one regular member of the authority and there will always be one regular authority member representing the mayor and each of the seven council posts. The members of the authority who represent a city councilperson or the mayor shall serve of the time served by the councilperson or mayor who appointed them, with a new appointment to be made when there is a new mayor or city councilperson. In addition, the mayor and city council shall make a joint appointment of one regular member for a one-year term, who shall not be an owner, operator, or manager of a hotel, motel, or restaurant. Said joint appointee shall initially serve from the time of his or her appointment until January 1, 2005. Thereafter, said joint appointee shall serve for a twoyear term. Appointments of the members representing a city councilperson or the mayor shall be made within 45 days of the date on which the councilperson or mayor takes office and the joint appointment of the mayor and city council shall be made within 45 days of the first meeting of the mayor and city council in January of each year. (b) The three city councilmembers serving a four-year term commencing January 1, 2004, shall each appoint a member of the authority who shall be an owner, operator, or manager of a hotel, motel, or restaurant. The four city councilmembers serving two-year terms commencing January 1, 2004, and four-year terms thereafter shall each appoint a regular member of the commission who is not an owner, operator, or manager of a hotel, motel, or restaurant. The mayor shall appoint a regular member who is an owner, operator, or manager of a hotel, motel, or restaurant. The joint appointment of the mayor and city council shall not be an owner, operator, or manager of a hotel, motel, or restaurant. (c) In addition to the nine regular members, there shall be two ex officio members of the authority. These members shall be the executive director of the Garden City Convention and Visitors Bureau Authority, if any, and the City Administrator for the City of Garden City. Ex officio members shall not be entitled to vote, but otherwise shall have all powers and responsibilities of a regular authority member. (d) Any member can be removed by a two-thirds vote of the mayor and entire city council, with the mayor having the right to vote on the question of removal. (e) All the members of the authority shall serve without compensation; provided, however, the city council may reimburse authority members for reasonable expenses incurred in connection with their service as authority members.

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(f) All members of the authority, except the ex officio members, shall be nominated by a private sector, nonprofit organization.
SECTION 3. The authority shall elect a chairperson, vice chairperson, and secretary-treasurer from its membership. Officers shall be elected on a calendar year basis but may be reelected for succeeding terms. The chairperson shall be entitled to vote on all issues.
SECTION 4. The authority shall have the power to employ an executive director as may be necessary in the operation of the authoritys activities, to whom in turn shall be delegated the authority and responsibility necessary to administer properly the business of the authority and its agencies created in this Act or at a later date, within policies set by the authority and subject to its review. The executive director shall have full charge of the offices and all of the employees and shall have the authority to recommend to the authority the hiring and termination of the employees. The authority shall have the authority to establish salaries and compensation for said executive director and all of its employees.
SECTION 5. (a) The authority shall meet at such times as may be necessary to transact the business coming before it. Meetings of the authority shall be open to the public in accordance with the laws of this state. Written minutes of all meetings shall be kept and, within ten days of every meeting, a copy of the minutes shall be furnished to the mayor and city council. Meetings shall be conducted in accordance with Roberts Rules of Order. (b) At least five regular members of the authority shall constitute a quorum for the transaction of any business, including election of officers. The majority of the votes cast shall determine all questions and elections.
SECTION 6. (a) The duties of the authority shall be to:
(1) Promote tourism, trade, and conventions for the City of Garden City; (2) Study, investigate, and develop plans for improving tourism in the City of Garden City and the area and doing such things as tend to bring visitors and conventions into the city; (3) Advise and recommend plans to the city council and departments of the city for the development of tourism in the city; and (4) Otherwise promote public interest in the general improvement of tourism in the city. (b) Nothing in this Act shall be construed to abridge or change the powers and duties of other authorities, departments, boards, and like agencies of the city.
SECTION 7. (a) The authority shall have all powers necessary or convenient to carry out and

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effectuate the purpose and provisions of this Act, including, but without limiting the generality of the foregoing, the power:
(1) To sue and be sued in contract and in tort and to complain and defend in all courts; (2) To adopt and alter a corporate seal; (3) To acquire in its own name real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes by purchase on such terms and conditions and in such manner as it may deem proper or by gift, grant, lease, or otherwise; to insure the same against any and all risks as such insurance may, from time to time, be available; and to use such property, rent or lease the same to or from others, make contracts with respect to the use thereof, or sell, lease, or otherwise dispose of any such property in any manner it deems to the best advantage of the authority and the purposes thereof. Title to any such property of the authority shall be held by the authority exclusively for the benefit of the public; (4) To exercise any one or more of the powers, rights, and privileges conferred by this Act either alone or jointly or in common with one or more other parties, whether public or private. In any such exercise of such powers, rights, and privileges jointly or in common with respect to the construction, operation, and maintenance of projects, the authority may own an undivided interest in such projects with any other parties, whether public or private. The authority may enter into agreements with respect to any project with the other parties participating therein, and any such agreement may contain such terms, conditions, and provisions consistent with this Act as the parties thereto may deem to be in their best interest; (5) To make and exercise contracts, agreements, and other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created; (6) To borrow money to further or carry out its public purpose and to execute notes, other obligations, leases, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable in the judgment of the authority to evidence and to provide security for such borrowing; (7) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantee, or other financial assistance in furtherance of the authoritys public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (8) To enter into agreements with the federal government, state government, or any agency thereof to use the facilities or services of the federal government, state government, or any agency thereof in order to further or carry out the public purposes of the authority; (9) Subject to proper appropriation to the authority, to receive and use the proceeds of any tax levied by a political subdivision or taxing district of the state to pay the cost of

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any project or for any other purpose for which the authority may use its own funds pursuant to this Act; (10) To accept donations and appropriations of money, services, products, property, and facilities for expenditure and use by the authority for the accomplishment of its purpose; (11) To adopt bylaws governing the conduct of business by the authority, the election and duties of officers of the authority, and other matters which the authority determines to include in its bylaws; (12) To invest any accumulation of its funds in any manner that public funds of the state or its political subdivisions may be invested; and (13) To do any and all things necessary or proper for the accomplishment of the objectives of this Act and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the public purpose of the authority or the Constitution and laws of this state. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated in the other paragraphs of subsection (a) of this section and elsewhere in this Act and no such power limits or restricts any other power of the authority.
SECTION 8. The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the City of Garden City, and not for purposes of private or corporate benefit and income, and such properties, to the extent of the authoritys ownership therein, the authority, all income and obligations of the authority, and all transfers of such property shall be exempt from all taxes and special assessments of the state or any city, county, or other political subdivision thereof. The authority shall have all of the exemptions and exclusions from taxes that are now granted to cities and counties for the operation of properties or facilities similar to properties and facilities to be owned or operated, or both, by the authority.
SECTION 9. Neither the members of the authority nor any person executing notes or obligations on behalf of the authority shall be personally liable thereon by reason of said execution.
SECTION 10. The authority shall submit an annual budget to the mayor and city council of the City of Garden City which, upon approval by the city council, may in the discretion of the city council be funded from the revenue received by the city from the hotel-motel tax, provided the authority complies with any provisions relative to the expenditure of said revenue contained in Article 3 of Chapter 13 of Title 48 of the O.C.G.A. as now or hereafter in effect and any other criteria deemed proper by the mayor and city council.

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SECTION 11. The mayor and city council of the City of Garden City shall be authorized, by and through a committee of their own number or by any person they may select, to inspect at their pleasure the state and condition of the authority and the property thereto belonging and also all books and accounts pertaining to the affairs of the authority and the authority shall give and furnish them any reasonable facility and assistance in making such inspections.
SECTION 12. The Garden City Area Convention and Visitors Bureau Authority shall not have the power or authority to bind the City of Garden City by any contract, agreement, financial obligation, or indebtedness or otherwise. No contract, agreement, financial obligation, or indebtedness incurred by the authority shall ever be a claim or charge against the city.
SECTION 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 14. All laws and parts of laws in conflict with this Act are repealed.

Representative Stephens of the 123rd moved that the House agree to the Senate substitute to HB 1115.
On the motion the ayes were 96, nays 1.
The motion prevailed.

HB 1569. By Representative Cummings of the 19th:
A BILL to provide a new charter for the City of Rockmart; and for other purposes.

The following Senate substitute was read:

A BILL
To provide a new charter for the City of Rockmart; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and

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the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a city manager, mayor, and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the courts jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for collections; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions, construction, and severability; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I CHARTER, CITY LIMITS, AND CORPORATE POWERS
SECTION 1.01. Name and incorporation.
This city and the inhabitants thereof are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style of the City of Rockmart, Georgia, and by that name shall have perpetual succession.
SECTION 1.02. Corporate limits.
(a) The boundaries of the City of Rockmart shall be those as existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, written description, or any combination thereof, to be retained permanently in the office of the city manager, and to be designated, as the case may be: "Official Map of the Corporate Limits of the City of Rockmart, Georgia." Photographic, typewritten, or other copies of such map or description certified by the city clerk shall be

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admitted as evidence in all courts and shall have the same force and effect as the original map or description. (b) The mayor and city council may provide for the redrawing of any such map by ordinance to reflect lawful annexations or other changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. (c) The present boundaries of the city, or any portion lawfully annexed hereafter, are a part of the appendix to this charter and incorporated as the boundaries of Rockmart, by reference.
SECTION 1.03. Powers and construction.
(a) The City of Rockmart shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though said powers were specifically enumerated in this charter. The city shall have all powers of self-government not otherwise prohibited by this charter or by general state law. (b) The powers of this city shall be construed liberally in favor of the city. The specific inclusion or omission of particular powers shall not be construed as extending or limiting the powers of the city in any way.
SECTION 1.04. Examples of power.
(a) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (b) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure or borrowing of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (c) Building regulations. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; to regulate all housing and building trades; and to establish minimum standards for and regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (d) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized

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by Title 48 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (e) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any public purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations to the extent permitted by this charter and the general laws of this state; (g) Economic development. To levy taxes, make appropriations, provide incentive plans, conduct industrial recruitment, and take other actions necessary to promote or advertise the city and its advantages and resources so as to bring new capital, commercial, and other manufacturing enterprises into the city and create new employment opportunities for its residents; (h) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (i) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (j) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (k) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal fees, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services, with said fees, if unpaid, to constitute a lien against any property or persons served and enforceable in the same manner as a lien for unpaid property taxes; (l) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (m) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;

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(n) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (o) Hospitals. To levy taxes, collect fees and other revenue, make appropriations, and make payment from the general revenues and funds of the city for the support of public hospitals; (p) Jail sentences. To provide that persons given jail sentences in the citys court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (q) Libraries. To levy taxes, collect fees and other revenue, make appropriations, and make payment from the general revenues and funds of the city for the support of public libraries; (r) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (s) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (t) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia governing bond issues by municipalities in effect at the time said issue is undertaken; (u) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (v) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (w) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television, fiber optic networks, and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same. Any such fees, if unpaid, will constitute a lien against the person or property served and enforceable in the same manner as a lien for unpaid property taxes; (x) Nuisance. To define a nuisance and provide for its abatement, whether on public or private property, in the Municipal Court of Rockmart as outlined both by ordinance and by general state law; (y) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia;

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(z) Personnel. To provide such system of personnel administration, employment matters, or similar rules and regulations as the city manager as chief personnel officer and the mayor and city council should determine; (aa) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (bb) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (cc) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (dd) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, athletic, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (ee) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (ff) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (gg) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (hh) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (ii) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (jj) Roadways. To name, rename, lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a

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safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (kk) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquisition, construction, equipment, operation, maintenance, and extension of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same. Any such fees, if unpaid, will constitute a lien against the person or property served and shall be enforceable in the same manner as a lien for unpaid property taxes; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (ll) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items should the city acquire facilities or equipment, or both, for this purpose; (mm) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of alcoholic beverages, and the sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and flammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (nn) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (oo) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (pp) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (qq) Vehicles for hire. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; and (rr) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in

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addition to such powers unless expressly prohibited to municipalities under the constitution or applicable laws of the State of Georgia.
SECTION 1.05. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the City of Rockmart, and its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such powers shall be carried into execution as provided by ordinance or general laws of the State of Georgia.
SECTION 1.06. Regulation and control of public streets,
alleys, and ways; closing; costs.
(a) In the event that the City of Rockmart receives a petition or written request from all adjoining property owners that any street, lane, alley, avenue, road, or sidewalk, or any part of the same, is no longer needed for street purposes, the city shall have express power and authority to close, lease, sell, convey, or otherwise dispose of any such street, lane, alley, avenue, road, or sidewalk or any part of same. However, should the mayor and city council determine that it is not desirable to permanently abandon such street, lane, alley, avenue, road, or sidewalk, or any part thereof, but should desire to preserve it for future use to the city if needed for street or other purposes, the mayor and city council are hereby expressly granted the power and authority to lease or retain an easement to any such street, lane, alley, avenue, road, or sidewalk, or any part of the same, to any person, firm, or corporation, upon such terms and conditions as they may deem proper, with full power and authority to provide any such lease contract for a renewal of the same on a year to year basis, provided that the city shall not require the use of the property for street purposes at the expiration of any original lease contemplated herein. (b) Before any street, lane, alley, avenue, road, or sidewalk, or any part of the same is closed, sold, leased, conveyed, or otherwise disposed of, the mayor and city council shall adopt a resolution at a regular meeting thereof, duly called and held. Said resolution shall generally describe such street, land, alley, avenue, road, or sidewalk, or any part of same, together with the intentions of the mayor and city council as to the disposition thereof, including the terms and conditions of said disposition, and the person, firm, or corporation to whom the property is to be disposed. Upon passage of such a resolution, the city shall then publish notice of the proposed closing or other disposition in a newspaper of general circulation located within the corporate limits of the city once a week for two weeks and hold a public hearing at the next regularly scheduled monthly city council meeting. If after such publication, no objection is made to the proposed disposition, the mayor and city council may proceed by ordinance to make such disposition. If, however, any citizen or property owner makes any objection to the proposed disposition, the mayor and city council shall conduct a full and complete

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hearing and afford all parties the opportunity to present evidence or otherwise voice their opinions for or against the proposed disposition of the street property. The city shall retain full and complete discretion as to the final disposition of said property, even if requested by all adjoining property owners, and shall not have any obligation or duty to grant said property owners request. (c) In the event that any person, firm, or corporation of the City of Rockmart files an application to close any portion of a street, lane, alley, avenue, road, or sidewalk, within the corporate limits of the city, the applicant shall bear all expenses occasioned by the closing of said street, lane, alley, avenue, road, or sidewalk, or any part of same, even if the mayor and city council do not ultimately grant the application. Said costs shall include, but not be limited to, any and all attorneys fees, survey costs, preparation of deeds or other legal instruments, recording fees, and any other reasonable costs and expenses incurred therewith. If multiple property owners submit such an application or petition, they shall bear all such costs equally. The applicant shall pay all such costs in advance, prior to the execution of any ordinances, quitclaim deeds, or any other documents required to be executed at the conclusion of said closing. (d) The mayor and city council may place whatever restrictions, contingencies, or requirements concerning the closing of such street, lane, alley, avenue, road, or sidewalk, or any part of same, as it may deem appropriate, including, but not limited to, the right of retention of easements for sewer, water, and other municipal utilities services.
ARTICLE II CITY GOVERNMENT STRUCTURE
SECTION 2.01. Establishment of city council; number; election.
The legislative authority of the government of the City of Rockmart, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers, to be known as the "mayor and city council of the City of Rockmart." The mayor and city council established in this charter shall in all respects be a successor and continuation of the governing authority of the City of Rockmart under prior law and shall be elected in the manner provided by general law and this charter. Furthermore, the mayor and city council shall exercise their powers in such manner as prescribed by this charter and the Constitution and applicable general laws of the State of Georgia as they exist on the date of the adoption of this charter and as they may hereafter be amended. If any such powers are not prescribed in this charter, then the mayor and city council shall exercise them in such a manner as may be prescribed by the duly established ordinances of the City of Rockmart.
SECTION 2.02. Qualifications and terms for mayor and councilmembers.

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The mayor and councilmembers shall serve terms of four years and until their respective successors are elected and qualified. To be eligible for the office of mayor or councilmember, a person shall have been a resident of the City of Rockmart for 12 months immediately preceding the date of election of the mayor or councilmember. Persons seeking to qualify for the office of councilmember shall, at the time of qualification, be a resident of the ward for which he or she seeks election. Furthermore, the mayor and councilmembers shall continue to reside in the corporate limits of the city and the ward from which they were elected during their respective periods of service and shall be both registered and qualified to vote in municipal elections in this city. The terms of mayor and councilmember shall commence on January 1 of the year next following the year in which they were elected and shall expire on December 31 of the year in which the elections were held to fill the expiring terms.
SECTION 2.03. Vacancies in office.
(a) Vacancies. The office of mayor or councilmember shall become vacant upon the occurrence of any events specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such applicable laws as are or may hereafter be enacted. (b) Filling vacancies. A vacancy in the office of mayor or councilmember shall be filled as provided in Section 5.06 of this charter.
SECTION 2.04. Compensation and reimbursement of expenses.
The city council may from time to time determine the salary of the mayor and councilmembers by ordinance, subject to the requirements of state law. Each councilmember and the mayor, when authorized by the city council and upon presentation of itemized vouchers, receipts, statements, invoices, bills, or other similar such documentation, shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties of office, including, but not limited to, travel, lodging, meals, entertainment, and other similar such expenses.
SECTION 2.05. Prohibitions.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that

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persons official duties or which would tend to impair the independence of the officials judgment or action in the performance of those official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that persons official duties or would tend to impair the independence of the officials judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization or use such information to advance the financial or other private interest of the official or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to the officials knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign in accordance with Chapter 5 of Title 21 of the O.C.G.A., the "Ethics in Government Act," or such other applicable laws as are or may hereafter be enacted; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the official has a financial interest. (c) Disclosure Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the mayor and city council. Such interest and such disclosure shall be entered on the records of the mayor and city council, and that official shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of public property No elected official, appointed officer, or employee of the city or agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the mayor and city council or the governing body of such agency or entity. (e) Contracts voidable and rescindable Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the mayor and city council. (f) Ineligibility of elected officials Except where authorized by law, neither the mayor nor any councilmember shall hold any other elected or compensated appointed office in the city or otherwise be employed by said government or any agency thereof during the

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term for which that official was elected. No former mayor or councilmember shall hold any compensated appointed office in the city until one year after the expiration of the term for which that official was elected. (g) Political activities of certain officers and employees No appointed officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and city council either immediately upon election or at any time such conflict may arise. (h) Penalties for violation:
(1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position, shall be deemed to have forfeited that persons office or position, and shall be subject to removal under Section 3.19 of this charter. (2) Any officer or employee of the city who shall forfeit an office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.
SECTION 2.06. Inquiries and investigations.
Following the adoption of an authorizing resolution, the mayor or city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the mayor or city council shall be punished in the same manner after a violation of any city ordinance.
SECTION 2.07. General power and authority of the mayor and city council.
The mayor and five councilmembers shall compose the Rockmart City Council, and shall be vested with all corporate, legislative, and other powers of government of the city, except as otherwise provided by this charter or general state law.
SECTION 2.08. Eminent domain.
The mayor and city council are hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, industrial, vocational, technical and commercial parks, cemeteries, markets, market houses, public buildings, libraries,

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sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, athletic, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
ARTICLE III ORGANIZATION OF CITY GOVERNMENT
SECTION 3.01. Organization.
The current city government shall continue as presently organized, unless and until otherwise provided by ordinance, amendment to this charter, or other law. The mayor and city council may by ordinance: establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city; provide that the same person shall fill a number of offices and positions of employment; and transfer or change the functions and duties of various offices, positions of employment, and departments and agencies of the city.
SECTION 3.02. Organizational meeting and oath.
The mayor and city council shall hold an organizational meeting each year at its regularly scheduled January meeting. At this meeting, the councilmembers shall elect a mayor pro tem. from its membership, as provided in this charter, and administer the following oath of office to any newly elected members, as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of the City of Rockmart and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America."
SECTION 3.03. Regular and special meetings.
(a) The mayor and city council shall hold regular public meetings on the second Tuesday of each month at 7:00 P.M. in the city council room of City Hall, 200 North Marble Street, Rockmart, Georgia, or at other such times and places as may be designated by the mayor and city council or prescribed by ordinance. The mayor and city council shall exercise its powers in all public meetings. (b) The city council may hold special meetings or work sessions on the call of the mayor or the mayor pro tem. and two councilmembers. Notice of any such special meetings or work sessions shall be served on all other councilmembers personally or by personal

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telephone contact, no less that 24 hours in advance of the meeting. The notice requirements of this section shall not be required and shall be waived if the mayor and all councilmembers are present when this special meeting or work sessions are called. Such notice of any special meeting or work session may also be waived by a councilmember in writing before or after such a meeting. Attendance at a special meeting shall also constitute a waiver of notice on any business transacted in a councilmembers presence. Only the business stated in the notice may be transacted at a special meeting, unless all councilmembers unanimously consent to the transacting of additional business. At work sessions, the mayor and city council may discuss, deliberate, plan, or debate current city issues but may not take any vote or formal action and shall not publish or follow a formal agenda. (c) All meetings of the mayor and city council shall be public to the extent required by law, and notice to the public of any special meetings shall be given, to the extent reasonably possible, as provided in Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
SECTION 3.04. Rules of procedure.
(a) The mayor and city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and the city clerk shall provide for keeping minutes of its proceedings, which shall be public record. The mayor and city council may also adopt procedures and penalties for compelling the attendance of absent members, as well as punishment for contemptuous behavior conducted in the presence of the mayor and city council. (b) All committees and committee chairs and officers of the city council shall be recommended by the mayor and approved by the city council and shall serve at the pleasure of the mayor and city council. Furthermore, the mayor and city council shall have the power to appoint new members to any committee at any time.
SECTION 3.05. Quorum; voting.
A majority of councilmembers present shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of any ordinances shall be by voice vote and the vote shall be recorded in the minutes of the city council. Any member of the city council shall have the right to request a roll-call vote and such vote shall also be recorded in the minutes, if requested. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
SECTION 3.06. Action requiring an ordinance.

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Acts of the mayor and city council which have the force and effect of law or have a regulatory or penal effect, or are required by this charter or state law to be done by ordinance, shall be enacted by ordinance. All other administrative measures, ministerial acts, expressions of current opinion or feeling of the city council, or temporary measures may be in the form of a resolution. The mayor may also from time to time issue nonbinding proclamations to honor or commemorate a group, event, person, or business in the city.
SECTION 3.07. Ordinances and city legislation; form; procedures.
(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause of every ordinance shall be "It is hereby ordained by the mayor and city council of the City of Rockmart..." and every ordinance shall begin. (b) An ordinance may be introduced by any councilmember and read at a regular or special meeting of the mayor and city council. Ordinances shall be considered and either adopted or rejected by the mayor and city council in accordance with the rules it shall establish upon introduction of any ordinance. The clerk shall, as soon as possible, distribute a copy of same to the mayor and each councilmember and retain a reasonable number of copies in his or her office for inspection and copying by members of the public. The clerk shall also forward certified copies of all ordinances to the Municipal Code Corporation or any other person, firm, or corporation responsible for the codification of the citys ordinances, so that the city code can be properly revised and updated. After adoption of ordinances, the city clerk shall number them consecutively in the order of their final adoption and record them in a permanent record book used solely for this purpose. The clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. The city clerk shall file and preserve the original copies of all ordinances, resolutions, and any written motions.
SECTION 3.08. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene a special meeting on the call of the mayor, mayor pro tem. and two councilmembers, or a majority of councilmembers and promptly adopt an emergency ordinance. However, such an ordinance may not do any of the following:
(1) Levy taxes; (2) Grant, renew, or extend a franchise; (3) Regulate the rate charged by any public utility for its services; or (4) Authorize the borrowing of money except for temporary loans to be repaid within 30 days.

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(b) An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. An emergency ordinance shall become effective immediately upon adoption or at such later time as it may specify. (c) Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but such ordinances may be extended or reenacted in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (d) Emergency meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such applicable laws as are or may hereafter be enacted.
SECTION 3.09. Codes of technical regulations.
(a) The mayor and city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of Section 3.07 of this charter for distribution of copies of the ordinance shall be construed to include making available copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.10 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
SECTION 3.10. Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by the clerks signature and record all ordinances adopted by the city council in a properly indexed book kept for that purpose. (b) The mayor and city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the mayor and city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the mayor and city council may specify. This compilation shall be known and cited officially as "The Code of the City of

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Rockmart, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the mayor and city council. (c) The mayor and city council shall cause each ordinance and each amendment to this charter to be forwarded to the party responsible for codification and printed following its adoption. The printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the mayor and city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The mayor and city council shall make such arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 3.11. Election of mayor; forfeiture; compensation.
The mayor shall be elected by a majority vote of all citizens of the City of Rockmart and serve for a term of four years until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for no fewer than 12 months immediately preceding the election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office or may be removed on the same grounds and under the same procedures as for councilmembers. The compensation of the mayor shall be established by ordinance in the same manner as for councilmembers.
SECTION 3.12. Powers and duties of mayor.
The mayor shall: (1) Preside at all meetings of the city council; (2) Have a vote only in case of a tie vote by councilmembers; (3) Have veto power as outlined in Section 3.13 of this charter; (4) Be the ceremonial head of the city; (5) Sign ordinances and resolutions upon their final passage; (6) Secure short-term loans in the name of the city when authorized by the city council to do so; (7) Sign deeds, bonds, and contracts when authorized by the city council to do so; (8) Serve as the registered agent for service of process in any legal action against the city; (9) Be the executive head of the city government, responsible for the efficient and orderly administration of the citys affairs;

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(10) Be responsible for the enforcement of the laws, rules, regulations, ordinances, and franchises in the city; (11) Conduct inquiries and investigations into the conduct of the citys affairs, when he or she deems necessary, or upon vote of three councilmembers, as provided in Section 2.06 of this charter; (12) Have the power to administer oaths and to take affidavits; (13) Call special meetings of the city council as provided for in Section 3.03 of this charter; (14) Direct the city attorney to take such legal action as the city council may determine; (15) Make recommendations for committee appointments, to be approved by the city council; and (16) Have and perform such other powers and duties as may be provided by this charter and duly adopted ordinances not inconsistent herewith.
SECTION 3.13. Submission of ordinances to mayor; veto power.
(a) Every ordinance adopted by the city council shall be promptly presented to the mayor by the clerk no later than five calendar days from the date of the meeting at which it was adopted. (b) Either at the meeting at which an ordinance was adopted or no later than five calendar days of receipt of an ordinance, the mayor shall return it to the clerk either with or without the mayors approval. If the mayor has approved the ordinance, it shall become law immediately upon its return to the clerk. If the mayor neither approves nor disapproves the ordinance, it shall become law at 12:00 Noon on the eleventh calendar day after the city council meeting at which it was adopted. If the mayor expressly disapproves an ordinance, the mayor shall submit to the city council and clerk a written statement of reasons for the veto. The statement of the mayor shall be circulated by the clerk to the city council. In all instances, the clerk shall record upon the ordinance the date it was delivered to and received from the mayor. (c) If the mayor vetoes an ordinance as provided in this section, the clerk shall present said ordinance to the city council at its next regular or special meeting. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of four councilmembers, the ordinance shall become law. (d) The mayor may disapprove, veto, or reduce any item or items of appropriation in any ordinance or budget. The approved part or parts of any budget or ordinance making appropriations shall become law and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayors veto as provided in this section. The reduced part or parts shall also be presented to the city council as if disapproved or vetoed by the mayor and shall not become law unless passed by the city council over the mayors veto as provided in this section.

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SECTION 3.14. Mayor pro tem.
(a) At the first regular meeting of the mayor and city council each year, the city council shall by majority vote elect another councilmember to serve as mayor pro tem. for a term of one year. Upon the city councils failure to elect a mayor pro tem. at its first regular meeting in January of each year, the incumbent councilmember who received the highest number of votes when last elected shall be declared mayor pro tem. (b) The mayor pro tem. shall assume the duties and powers of the mayor during the mayors physical or mental disability or absence. Any such disability or absence shall be declared by a majority vote of the city council. In addition, the mayor pro tem. shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as defined in Section 2.05 of this charter.
SECTION 3.15. Powers and duties of the city manager.
The mayor and city council shall appoint a city manager who shall be the chief administrative officer of the city. The city manager shall be responsible to the mayor and city council for the administration of all city affairs placed in the city managers charge by or under this charter. As the chief administrative office, the city manager shall:
(1) Serve as chief personnel officer for the city and appoint and, when the city manager deems it necessary for the good of the city, reprimand, suspend, remove, or otherwise take disciplinary action against all city employees and department heads the city manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any department head who is subject to the city managers direction and supervision to exercise these powers with respect to subordinates in that persons department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings except for closed meetings held for the purpose of deliberating on the appointment, discipline, or removal of the city manager and have the right to take part in discussion but not vote; (4) See that all laws, provisions of this charter, and acts of the mayor and city council, subject to enforcement by the city manager or by officers subject to the city managers direction and supervision, are faithfully executed; (5) Along with the city clerk as finance officer, prepare and submit the annual operating budget and capital budget to the mayor and city council; (6) Submit to the mayor and city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year;

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(7) Make such other reports as the mayor and city council may require concerning the operations of city departments, offices, and agencies subject to the city managers direction and supervision; (8) Keep the mayor and city council fully advised as to the financial condition and future needs of the city and make such recommendations to the mayor and city council concerning the affairs of the city as the city manager deems desirable; (9) Serve as purchasing agent for the city and approve all purchases and vouchers for same as set forth by ordinance; and (10) Perform other such duties as are specified in this charter or as may be required or directed by the mayor and city council.
SECTION 3.16. Mayor and city council involvement with administration.
It is the policy of the mayor and city council to encourage open discussion and communications among elected officials and city employees. Except for the purpose of inquiries and investigations under Section 2.06 of this charter , the mayor and city council or its members should make every effort to deal with city officers and employees who are subject to the direction and supervision of the city manager through the city manager to the extent possible. Neither the mayor and city council nor its members shall give orders to any such officer or employee, either publicly or privately.
SECTION 3.17. Acting city manager.
By letter filed with the city clerk, the city manager shall designate, subject to approval of the mayor and city council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city managers temporary absence or physical or mental disability. During such absence or disability, the mayor and city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or the city managers disability shall cease. Any such absence or disability shall be declared by majority vote of the mayor and city council.
SECTION 3.18. City clerk.
The mayor and city council shall appoint a city clerk who shall not be a councilmember. The clerk shall perform the following duties:
(1) Keep and preserve the official city seal and all city records; (2) Attend meetings of the mayor and city council and keep the official minutes of its proceedings, including the names of members and other parties present and absent,

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the vote of each councilmember on each resolution, ordinance, motion, or other official action considered; (3) Prepare and certify copies of official records when requested, for which fees may be prescribed by ordinance; (4) Serve as chief financial officer of the city and work in coordination with the city manager in budget preparation and review; (5) Maintain a book or record of registration of franchises granted by the city pursuant to Section 4.13 of this charter; and (6) Perform such other duties as may be required by the mayor and city council.
SECTION 3.19. Removal of officers.
(a) The mayor, any councilmember, city manager, or city clerk may be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a felony or other crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or other law; (4) Knowingly violating Section 2.05 of this charter or any other express prohibition of this charter or code of the City of Rockmart; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter, the Rockmart Code of Ordinances, or general state law. (b) For purposes of subparagraph (a)(2) of this section, the term "moral turpitude" is defined as a crime involving an act which implicates the honesty and integrity of the perpetrator and in particular shall include any crime involving theft, deceit, or fraud. (c) In the event an elected or appointed officer is sought to be removed by action of the city council, such officer shall be entitled to written notice specifying the ground or grounds for removal and to a public hearing, which shall be held no less than ten days after service of such written notice. Removal of any elected or appointed officer pursuant to subsection (a) of this section shall be accomplished by the affirmative vote of four councilmembers after an investigative hearing. Any and all hearings held pursuant to this section shall be conducted in accordance with Chapter 14 of Title 50 of the O.C.G.A., the "Georgia Open Meetings Act," to the greatest extent reasonably possible. (d) Any elected or appointed officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Polk County. Such appeal shall be governed by the same rules as governed appeals to the superior court from the probate court of Polk County.
SECTION 3.20. City attorney.

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The mayor and city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized or required, and shall provide for payment of such attorney or attorneys for services rendered to the city. The city attorney shall perform the following duties:
(1) Provide for the representation and defense of the city in all litigation in which the city is a party; (2) May be the prosecuting officer or solicitor in the municipal court; (3) Attend all meetings of the mayor and city council as directed; (4) Advise the mayor and city council and other city officers and employees concerning legal aspects of the citys affairs; (5) Approve as to form and legality all contracts, deeds, ordinances, resolutions, and motions as presented or prescribed by the mayor and city council; and (6) Perform such other duties as may be required by virtue of that persons position as city attorney.
SECTION 3.21. Employment and personnel matters.
The city council shall adopt rules, regulations, and policies consistent with this charter concerning the following:
(1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, and methods of promotion and transfer within the classification plan; (3) Hours of work, vacation, sick leave and other leaves of absence, overtime pay, and rules governing layoffs or similar reductions in force; (4) Such dismissal hearings as due process may require; and (5) Such other personnel policies, regulations, provisions, or notices as may be necessary to provide for the adequate and systematic handling of personnel matters.
SECTION 3.22. Boards, commissions, and authorities.
(a) The mayor and city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the mayor and city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor and city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The mayor and city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.

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(d) Except as otherwise provided by charter or by law, no more than two members of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) All board members serve at will and may be removed at any time by the affirmative vote of four members of the city council unless otherwise provided by law. (g) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chair and one member as vice chair, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
SECTION 3.23. Department heads.
(a) Except as otherwise provided herein, the mayor and city council shall by ordinance prescribe the functions and duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government thereof. (b) Except as otherwise provided herein or by other law, the department heads and other officers of the city shall be appointed solely on the basis of their administrative and professional qualifications. (c) All appointed officers and department heads shall receive such compensation as is determined by the mayor and city council. (d) There shall be a director or head of each department or agency who shall be its principal officer. Each department head shall be responsible for the administration and direction of the affairs and operations of his or her department or agency, subject to the direction and supervision of the city manager.
ARTICLE IV FINANCE AND FISCAL ADMINISTRATION
SECTION 4.01. Fiscal year.
The mayor and city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.

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SECTION 4.02. Preparation of budgets.
The mayor and city council shall adopt an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
SECTION 4.03. Submission of operating budget to city council.
(a) On or before a date fixed by the city council, but not later than 30 days prior to the beginning of each fiscal year, the city manager in coordination with the city clerk shall submit to the mayor and city council a proposed operating budget for the ensuing fiscal year, showing the following:
(1) The revenue and expenditure during the previous fiscal year; (2) Appropriations and estimated revenue and expenditures for the current fiscal year; (3) Estimated revenue and recommended expenditures for the ensuing fiscal year; (4) A comparative statement of the assets, liabilities, reserves, and surplus at the end of the previous fiscal year, and estimated assets, liabilities, reserves, and surplus, both at the end of the current fiscal year and the ensuing fiscal year; and (5) Such other information and data as may be considered necessary by the mayor and city council. (b) The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of any major changes recommended for the next fiscal year, a general summary of the budget, and any other pertinent comments and information the city manager feel necessary. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be maintained in the office of the city clerk and shall be open to public inspection.
SECTION 4.04. Action by city council on budget.
(a) The mayor and city council may amend the proposed operating budget submitted by the city manager. However, the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. Moreover, the total appropriations from any funds shall not exceed the estimated fund balance, reserves, and revenues. (b) The mayor and city council by ordinance shall adopt a final operating budget for the ensuing fiscal year, no later than the regular scheduled June city council meeting for each year. If the city council fails to adopt the budget on or before the date set out herein, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month to month basis, with all items prorated accordingly

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until such time as the mayor and city council adopt a budget for the ensuing fiscal year. Notice of any or all meetings at which the budget is adopted shall be given as provided by state law. (c) Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 4.03 of this charter. (d) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for same and no expenditures shall be made or any encumbrance created in excess of the otherwise encumbered balance of the appropriations or allotment thereof to which it is chargeable unless the budget is amended and such excess expenditure approved by the mayor and city council. In addition, the mayor and city council shall not make any appropriations in excess of any estimated revenue, except to provide for an actual emergency threatening the health, property, or lives, safety, or general welfare of the inhabitants of the city, which emergency shall be declared by the affirmative vote of three members of the city council.
SECTION 4.05. Changes in appropriations.
The mayor and city council may by ordinance make changes in the appropriations contained in the adopted operating budget at any regular meeting or any special or emergency meeting called for that purpose, but any such additional appropriations may be made only for an existing anticipated unappropriated surplus in the fund to which it applies.
SECTION 4.06. Lapse of appropriations.
Any unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made.
SECTION 4.07. Capital budget.
(a) On or before a date fixed by the mayor and city council, but no later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the mayor and city council a proposed capital improvement plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The mayor and city council shall have the power to accept, with or without amendments, or reject the proposed plan and budget. The mayor and city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement on any

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public property, unless the appropriations for such project are included in the capital budget, except to meet a public emergency that threatens the lives, health, property, or general welfare of the citizens of Rockmart, which emergency shall be declared by the affirmative vote of three members of the city council. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year, not later than the regular June meeting before the beginning of said year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made has been completed or abandoned. However, the city manager may submit to the city council amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon their adoption by ordinance and by the affirmative vote of three members of the city council. In addition, the capital improvements budget may be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition.
SECTION 4.08. Independent audit.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The accountant shall conduct this audit according to generally accepted auditing and accounting principles and file a report with the mayor and city council, as well as a summary thereof, both of which shall be furnished or made available to the mayor and every councilmember. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter.
SECTION 4.09. Property taxes.
The mayor and city council may assess, levy, and collect an ad valorem tax on all real and personal property that is subject to taxation by the state and county, provided that such property is located within the corporate limits of the city. These taxes shall be levied for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services, repayment of principal and interest on general obligations, and for any other public purpose as may be determined by the mayor and city council in their discretion.
SECTION 4.10. Millage rate; due dates; payment methods.
(a) The mayor and city council shall by ordinance establish a millage rate for city property taxes, a due date for payment of said taxes, and a time period within which these taxes must be paid. The city shall send a tax bill to all taxpayers and residents of the city

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showing the due date, assessed valuations, amount of tax due, and information as to delinquency dates and future interest. Failure to send such tax bills shall not, however, invalidate any tax. (b) The mayor and city council may by ordinance provide for the payment of these taxes in one lump sum or in installments, subject to the restrictions contained in state law, and also authorize the voluntary payment of taxes prior to their due dates. (c) All taxes due to the city shall bear interest at the maximum interest rate specified by state law for delinquent taxes. Any period of less than one month shall be considered to be one month for the purpose of calculating interest under this section. The city shall have the right to enforce, collect, or both, any delinquent taxes to the fullest extent permitted by general law.
SECTION 4.11. Occupation and business taxes.
The mayor and city council shall by ordinance have the power to levy such occupation or business taxes as are authorized by law. The mayor and city council may further classify businesses, occupations, or professions for the purpose of such taxation in accordance with state law and may compel the payment of such taxes as provided in Section 4.17 of this charter.
SECTION 4.12. Regulatory fees; permits.
The mayor and city council shall by ordinance have the power to require businesses or practitioners doing business within the city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit, as provided by state law. Such fees shall reflect the approximate total costs to the city of regulating the activity, and, if unpaid, shall constitute a lien against the property or person liable therefor and may be collected as provided in Section 4.17 of this charter.
SECTION 4.13. Franchises.
(a) The mayor and city council shall have the power to grant franchises for the use of the citys rights of way, streets, and alleys for use by railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, Internet providers, fiber optic network providers, gas companies, transportation companies, and other similar organizations. The mayor and city council shall determine the duration, terms, and consideration for such franchises, and whether they shall be exclusive or nonexclusive. However, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor.

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(b) The mayor and city council shall provide for the registration of all such franchises with the city clerk in a registration book to be maintained by the clerk and may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (c) If no franchise agreement is in effect, the mayor and city council has the authority to impose a tax on gross receipts for the use of the citys rights of way, streets, and alleys for use by railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, Internet providers, fiber optic network providers, gas companies, transportation companies, and other similar organizations.
SECTION 4.14. Service charges; utilities.
The mayor and city council shall by ordinance have the power to assess and collect fees and tolls for water, sewer, sanitary and health services, or any other similar services provided or made available both within and beyond the corporate limits of the city for the total costs to the city of providing and making such services. Such charges, if unpaid, shall be collected as provided in Section 4.17 of this charter and shall constitute a lien against any person or property served.
SECTION 4.15. Special assessments.
The mayor and city council shall by ordinance have the power to assess and collect the costs of constructing or reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances, from the abutting property owners on a pro rata basis or under such other terms and conditions as may be reasonable or agreed upon by the parties. Such charges, if unpaid, shall be collected as provided in Section 4.17 of this charter and shall constitute a lien against the person or property assessed.
SECTION 4.16. Other taxes and fees; construction.
The mayor and city council shall be empowered to levy any other tax or fee now or hereafter permitted by law. The specific inclusion of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of the city to collect taxes, fees, charges, and other moneys, and otherwise govern its local affairs.
SECTION 4.17. Collection of delinquent taxes and fees.

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The mayor and city council may by ordinance provide generally for the collection of any delinquent taxes, fees, charges, or other moneys due the city under Sections 4.10 through 4.16 of this charter by whatever reasonable means as may be permitted by law. This shall include, but not be limited to, the following:
(1) Providing for the dates when such taxes or fees are due; (2) Fixing late penalties or interest, or both; (3) Issuance and execution of fi.fas., judgments, or other liens; (4) Creation and priority of liens; (5) Making delinquent taxes and fees personal debts of the person or persons required to pay same; (6) Revoking city permits or other licenses for failure to pay any city taxes or fees; (7) Providing for the assignment or transfer of tax executions; and (8) Taking such other action as may be necessary and authorized by law to collect such unpaid taxes, fees, or other charges. It is the general intent of this article to provide that all unpaid city taxes, fees, charges, or other moneys due the city under this charter shall constitute a lien against the property, person, or both for which the taxes, fees, or charges are levied, to enable the city to collect and enforce payment of same to the greatest extent possible.
SECTION 4.18. General obligation bonds.
The mayor and city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of this state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 4.19. Revenue bonds.
The mayor and city council may issue revenue bonds as provided by state law now or hereafter amended. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 4.20. Short-term loans.
The mayor and city council may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
SECTION 4.21. Lease-purchase contracts.

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The mayor and city council may enter into multiyear lease, purchase, or lease purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
SECTION 4.22. Contracting procedures.
No long-term or substantial contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney, and as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council minutes of proceedings pursuant to Section 2.21 of this charter.
The city shall follow the requirements of state law with regard to any "public works construction projects" as defined by Code Section 36-91-1 of the O.C.G.A., et seq., or other such applicable laws as are or may hereafter be enacted in giving notice, receiving bids, requiring performance and payment bonds, and entering into contracts for such projects. The city manager shall have the discretion to require any outside contractors, subcontractors, or other persons, firms, or corporations to execute a written contract or letter or memorandum of understanding in all outside city projects costing in excess of $5,000.00, depending on the nature of the project. For purposes of this section, "longterm or substantial" shall mean any contract of a duration exceeding 12 months or involving the payment by the city of more than $50,000.00 for any goods, services, equipment, or materials.
SECTION 4.23. Centralized purchasing.
The mayor and city council may by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 4.24. Sale and lease of city property.
(a) The mayor and city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The mayor and city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution,

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both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut-off or separated by such work from a larger tract or boundary of land owned by the city, the mayor and city council may authorize the city manager to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owners property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. The city shall also have discretion to retain any utility easements as may be necessary with regard to such property. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey any title and interest the city may have in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. (d) Any person, firm, or corporation who purchases property from the city pursuant to this section shall be responsible for any and all fees, costs, or other expenses associated with the transaction, including, but not limited to, attorneys fees, recording costs, survey and appraisal fees, and similar such expenses, except as otherwise agreed between the city and the purchaser.
ARTICLE V ELECTIONS SECTION 5.01. Applicability of general law.
All primaries and elections for any elected office in the City of Rockmart government or any other matter that is properly the subject of a municipal election shall be held and conducted in accordance with general state law governing elections as contained in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," or as may hereafter be amended.
SECTION 5.02. Regular elections; time for holding.
(a) The regular municipal general election for mayor and councilmembers shall be held biannually on the first Tuesday next following the first Monday in November in each odd numbered year. The terms of office shall begin on January 1 of the year next following such election. Officials elected at any such election shall be sworn in at the first regular meeting of the mayor and city council in January next following such election. (b) There shall be elected the mayor and city councilmembers from Wards 2 and 5 at the municipal general election in 2005 and at every other municipal general election

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thereafter. There shall be elected the councilmembers from Wards 1, 3, and 4 at the municipal general election in 2007 and at every other municipal general election thereafter so that a continuing body is created.
SECTION 5.03. Wards; ward residency requirements.
(a) The City of Rockmart shall be divided into five wards to be numbered from one to five, all as more particularly shown and depicted on the 2000 Census Map of the City of Rockmart, on file in the office of the clerk, and including more specifically within each ward the following census blocks of the respectively designated Census tracts:
(1) Ward 1. Census Tract No. 9906: Census Blocks 1009, 1012-1022, 1025-1027, 1031-1034, 1036-1043, 1049, 1050, 1053, 1054, 1060-1068, 1089, 1090, and 2008-2017. Census Tract No. 9907: Census Blocks 1005, 1006, 1016, and 1015.
(2) Ward 2. Census Tract No. 9907: Census Blocks 3007, 3009, 3012, 3013, 3019-3044, 4011, 4013-4022, 4024, 40264028, 4034, and 5010-5011.
(3) Ward 3. Census Tract No. 9906: Census Blocks 1028-1029, 1055-1057, 1069-1088, 2038-2040, 3000, 3019-3025. Census Tract No. 9907: Census Blocks 2009, 3010, and 3011.
(4) Ward 4. Census Tract No. 9907: Census Blocks 2001, 2002, 2004, 2005, 2007, 2008, 2010-2016, 2018-2023, 30003006, 3008, 3014-3018, and 4012.
(5) Ward 5. Census Tract No. 9906: Census Blocks 1010-1012, 1018, 1019, 1021-1027, 1029-1037, 1040-1042, 2000, 2003, 2017, and 4003.
(b) When used in subsection (a) of this section, the terms "Tract" and "BG" (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a "BG" heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of the City of Rockmart which is not included in any such ward described in subsection (a) of this section shall be included within that ward contiguous to such part which contains the least population

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according to the United States decennial census of 2000 for the State of Georgia. Any part of the City of Rockmart which is described in subsection (a) of this section as being in a particular ward shall nevertheless not be included within such ward if such part is not contiguous to such ward. Such noncontiguous part shall instead be included within that ward contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any ward, whenever the description of such ward refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. (c) One councilmember shall be elected from each of the five wards of the City of Rockmart as described in subsection (a) of this section. At the time of qualification for office, each councilmember shall be a resident of the ward which he or she is elected to represent and shall be elected by a majority of the voters voting within that ward and not at large. The mayor shall be a resident of the city and shall be elected by a majority of the voters of the entire city.
SECTION 5.04. Nonpartisan elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.
SECTION 5.05. Election by majority.
The candidate receiving a majority of the votes cast for any city office shall be elected to serve in that office.
SECTION 5.06. Special elections; vacancies.
(a) In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.03 of this charter, and such vacancy occurs during the final 27 months of the terms of the vacant office, then the mayor and city council or those remaining shall appoint a successor for the remainder of the term. If such vacancy occurs before the final 27 months of such term of office, the election superintendent of the city shall call a special election to fill the remainder of the term of office. Persons appointed or elected to fill a vacancy shall possess the same qualifications as required in the office vacated and serve the remainder of the unexpired term and until a successor is regularly elected and qualified. Any special election held pursuant to this section shall be conducted in accordance with general state law regarding municipal elections, as contained in Title 21 of the O.C.G.A. as now or hereafter amended. Such election shall be held as soon as permitted under state law from the date such vacancy occurs.

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(b) Special elections may be called at any time by the mayor and city council for the purpose of voting on bond issues, general obligation debt, or other questions required or permitted by law to be presented to the citizens of the City of Rockmart. In all such special elections, the city shall follow the procedure established for municipal general elections, as well as any additional requirements of state law with regard to bond issues, general obligation debt, or other proper ballot questions.
SECTION 5.07. Rules and regulations.
Except as otherwise provided by this charter, the mayor and city council shall, by ordinance, describe such rules and regulations as it deems appropriate to fulfill any options and duties it may have, as contained in Chapter 2 of Title 21 of the O.C.G.A. as presently enacted or hereafter amended.
ARTICLE VI JUDICIAL BRANCH
SECTION 6.01. Creation; name.
There is hereby established a court to be known as the Municipal Court of the City of Rockmart.
SECTION 6.02. Municipal judge.
(a) The Rockmart municipal court shall be presided over by a part-time municipal judge and any other stand-by or substitute judges as may be provided by ordinance. (b) No person shall be qualified and eligible to serve as a judge of the Rockmart municipal court unless that person:
(1) Has attained the age of 30 years; (2) Is a qualified and registered voter in Polk County; (3) Has resided in Polk County for no fewer than five years immediately preceding appointment; (4) Has obtained or will obtain within 12 months after appointment any and all licenses or certifications as may be required by general law; and (5) Possesses all other qualifications as may be required by law. All municipal judges shall be appointed by, and serve at the pleasure of, the mayor and city council, and shall serve until a successor is duly appointed and qualified. (c) The mayor and city council shall fix the compensation of the municipal judge or judges. (d) The municipal judge shall serve at will and may be removed from office at any time by majority vote of the city council, unless otherwise provided by ordinance.

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(e) Before assuming office, the municipal judge shall take an oath, to be administered by the mayor, that he or she will honestly and faithfully discharge the duties of office to the best of his or her ability, and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council as maintained by the clerk pursuant to Section 3.18 of this charter.
SECTION 6.03. Court proceedings; schedules.
The Rockmart municipal court shall be convened at regular intervals and at such other times as may be determined by the judge. A court schedule shall be published and made available to the public, either at city hall or at the Rockmart police department.
SECTION 6.04. Jurisdiction; powers.
(a) The Rockmart municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as permitted by general state law. (b) The Rockmart municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine as authorized by law or ten days in jail. (c) The Rockmart municipal court may fix punishment for offenses within its jurisdiction, not to exceed a fine of $1,000.00, or imprisonment for six months, or both a fine and imprisonment, or may fix punishment by fine, imprisonment, community service, or any other form of alternative sentencing as now or hereafter provided by law. If state law authorizes punishment in excess of the fine or imprisonment specified herein, then the court may impose the greater punishment. (d) The Rockmart municipal court shall have authority to establish a schedule of fees to defray its costs of operation, and, with regard to prisoners bound over to any superior court for violations of state law, shall be entitled to reimbursement for the actual costs of meals, transportation, general caretaking expenses, court costs, administrative fees, and such other fees as are authorized to be collected by Georgia law as presently enacted or hereafter amended. (e) The Rockmart municipal court shall have the authority to establish bail and recognizance to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with such violations. Whenever any person gives bond for his or her appearance and fails to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at that time and execution shall be issued thereon by serving the defendant and the defendants sureties with a rule nisi, at least five days before a hearing thereon. In the event that cash or property is accepted in lieu of bond to secure the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the municipal

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judge declared forfeited to the city; or the property so deposited shall have a lien against it for the amount forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for unpaid city property taxes and fees. (f) The Rockmart municipal court shall have the same authority as the Superior Court of Polk County to compel the production of evidence in the possession of any party, to enforce obedience to its orders, judgments, or sentences, and to administer such oaths as may be necessary. (g) The Rockmart municipal court shall have the authority to bind defendants over to the appropriate court when it appears by probable cause that state law has been violated, or where a defendant makes a written request for a trial by jury, or under other circumstances in which a transfer is authorized by state law. (h) The judge of the Rockmart municipal court may compel the presence of all parties necessary for the proper disposal of each case by the issuance of summons, subpoenas, and warrants, which may be served or executed by any officer as authorized by this charter or other law. (i) The judge of the Rockmart municipal court shall be authorized to issue warrants for the arrest of any person or persons charged with violations of any ordinances of the city. The judge shall have the same authority as a magistrate of the state or county to issue warrants for violations of state laws committed within the corporate limits of the City of Rockmart. The judge shall also have the authority to issue warrants for the arrest of persons charged with violating any of the terms or conditions of any sentence of probation imposed upon them in the municipal court and revoke any or all of said persons remaining probated sentence, if those persons are found to have violated the terms and conditions of their probation. (j) The Rockmart municipal court is specifically vested with all jurisdiction and power throughout the corporate limits of the city as granted generally by law to municipal courts and particularly by such laws that authorize the abatement of nuisances and prosecution of traffic violations. (k) Subject to the approval of the mayor and city council, the municipal court is further authorized to enter into any contracts or agreements it deems necessary or expedient for certain services, including, but not limited to, housing persons charged with city offenses in other jail facilities, probation and related supervision services, collection of fines, fees, and other delinquent payments, and similar such services.
SECTION 6.05. Certiorari.
The right of certiorari from the decisions and judgments of the Rockmart municipal court shall exist in all criminal cases, ordinance violation cases, and such other cases in which certiorari is appropriate under state law. Such certiorari shall be obtained under the sanction of a judge of the Superior Court of Polk County and under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

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SECTION 6.06. Rules of court.
With the approval of the city council, the municipal judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the Rockmart municipal court. However, the city council may adopt, in whole or in part, the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk and made available for public inspection. Upon written request, a copy of said rules and regulations shall be furnished to all defendants in municipal court cases at least 48 hours prior to their arraignment, trial, or any other hearing or proceeding.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.01. Bonds for city officials.
The officers and employees of the City of Rockmart, both elected and appointed, may be required to execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council may from time to time require by ordinance, or as may be provided by law. Any and all premiums or other costs of such bonds, unless otherwise provided by ordinance or other law, shall be paid by the city.
SECTION 7.02. Existing ordinances, resolutions, rules, and regulations.
All ordinances, resolutions, rules, and regulations now enforced in the city that are not inconsistent with this charter are declared valid and are in full force and effect until amended or repealed by the city council.
SECTION 7.03. Pending matters.
Except as specifically provided otherwise in this charter, all rights, claims, actions, orders, contracts, and any other legal or administrative proceedings existing on or before the date this charter becomes effective shall continue as they had before the effective date hereof, and any such ongoing projects, work, or cases shall be completed by such city agencies, personnel, departments, authorities, or offices as may be provided by the mayor and city council.
SECTION 7.04. Construction.

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(a) Section captions in this charter are informative only and are not to be considered as a part of the sections which they describe. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.05. Severability.
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be unconstitutional or otherwise invalid. It is the legislative intent of the General Assembly in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.
SECTION 7.06. Specific repealer.
An Act incorporating the City of Rockmart in the County of Polk, approved on April 8, 1968 (Ga. L. 1968, p. 3224), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. It is the intent and purpose of this charter to replace and supersede the above-referenced charter, and any charter provisions previously enacted.
SECTION 7.07. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7.08. Repealer.
All laws and parts of laws in conflict with this Act are repealed.

Representative Cummings of the 19th moved that the House agree to the Senate substitute to HB 1569.
On the motion the ayes were 96, nays 1.

THURSDAY, APRIL 1, 2004 The motion prevailed.

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HB 1716. By Representatives Massey of the 24th and Elrod of the 25th:
A BILL to create a board of elections and registration for Barrow County and to provide for its powers and duties; and for other purposes.

The following Senate substitute was read:

A BILL
To create a board of elections and registration for Barrow County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide for personnel, including a supervisor, and compensation; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created, effective January 1, 2005, the Board of Elections and Registration of Barrow County, hereinafter referred to as "the board." The board shall have the powers and duties of the former Superintendent of Elections of Barrow County relating to the conduct of primaries and elections and shall have the powers and duties of the former Board of Registrars of Barrow County relating to the registration of voters and absentee balloting procedures.
SECTION 2. The terms "election," "elector," "political party," "primary," and "public office" shall have the same meanings as set forth in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act, and the term "commissioners" means the Board of Commissioners of Barrow County and "county" means Barrow County.

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SECTION 3. The board shall be composed of five members, each of whom shall be an elector and resident of the county and who shall be appointed as provided in this section. Two members of the board shall be appointed by the political party which received the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. Two members of the board shall be appointed by the political party which received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. Each of the members appointed by political parties shall be nominated by the chairperson and ratified by the county executive committee of the respective political party at least 30 days before the beginning of the term of office or within 30 days after the creation of a vacancy in the office. In the event that a political party entitled to appoint a member of the board does not have a county executive committee, such appointment shall be made by the state executive committee of such political party. One member shall be appointed by the chief judge of the Superior Court of Barrow County. The chief judge of the Superior Court of Barrow County shall appoint one of the members of the board to serve as chairperson. In making the initial appointments to the board, the members shall be selected at least 30 days prior to January 1, 2005. Initial members and their successors shall be appointed for terms of four years and until their successors are duly appointed and qualified. The term of each initial member shall commence on January 1, 2005.
SECTION 4. No person who holds elective public office shall be eligible to serve as a member during the term of such elective office, and the position of any member shall be deemed vacant upon such members qualifying as a candidate for elective public office.
SECTION 5. The chief judge of the Superior Court of Barrow County shall certify the appointment of each member by filing an affidavit with the clerk of the superior court no later than 15 days preceding the date upon which such members are to take office, stating the name and residential address of the person appointed and certifying such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.
SECTION 6. Each member of the board shall be eligible to serve successive terms, shall have the right to resign at any time by giving written notice of such resignation to the appointing body and to the clerk of the superior court, and shall be subject to removal from the board by the appointing body at any time, for cause, after notice and hearing.

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SECTION 7. In the event a vacancy occurs in the office of any appointed member before the expiration of his or her term, by removal, death, resignation, or otherwise, the original appointing body shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 3 of this Act. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members.
SECTION 8. Before entering upon the members duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.
SECTION 9. (a) The board shall be authorized to organize itself, determine its procedural rules and regulations, adopt bylaws, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with the laws of this state. Action and decision by the board shall be by a majority of the members of the board. The board shall be responsible for the selection, appointment, and training of poll workers in primaries and elections, and such workers shall be appointed, insofar as practicable, from lists provided to the board by the county executive committee of each political party. (b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular meetings and shall meet not fewer than three times per year. Any specially called meeting shall be called by the chairperson or any two members. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review.
SECTION 10. The board shall have the authority to contract with any municipality located within Barrow County for the holding by the board of any primary or election to be conducted within such municipality.
SECTION 11. Compensation for the members of the board, clerical assistants, and other employees of the board shall be fixed by the Board of Commissioners of Barrow County. Such compensation shall be paid wholly from county funds.
SECTION 12. The supervisor of elections and registration for Barrow County shall not be a member of the board. The supervisor shall be appointed and removed by the governing authority of Barrow County in the same manner as department heads. The supervisor shall provide daily employee supervision, serve as staff support for the board, attend all meetings of the

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board, carry out the duties of voter registration and elections as required by law, and be a full-time employee of Barrow County.
SECTION 13. The Board of Commissioners of Barrow County shall provide the board with such proper and suitable offices, equipment, materials, and supplies and with such clerical assistance and other employees as the Board of Commissioners of Barrow County deems appropriate.
SECTION 14. This Act shall become effective January 1, 2005, except that for purposes of making initial appointments to the board only, Sections 3 and 5 shall become effective December 1, 2004. On January 1, 2005, the Superintendent of Elections of Barrow County and the Board of Registrars of Barrow County shall be relieved of all powers and duties to which the board succeeds by the provisions of this Act and shall deliver to the board all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties.
SECTION 15. All laws and parts of laws in conflict with this Act are repealed.

Representative Massey of the 24th moved that the House agree to the Senate substitute to HB 1716.
On the motion the ayes were 96, nays 1.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:

SB 492. By Senators Starr of the 44th, Gillis of the 20th, Cagle of the 49th and Thompson of the 33rd:
A BILL to be entitled an Act to amend Code Section 16-12-53 of the Official Code of Georgia Annotated, relating to bingo licensing procedure, fee, and renewal, so as to provide that the members of one or more auxiliaries of a licensed bingo operator may assist the operation of bingo games; to provide

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that members of the licensed organization may assist in the bingo games of its auxiliaries; to repeal conflicting laws; and for other purposes.

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

On the passage of the Bill, 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 Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler
Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan E Coleman, B Y Cooper Y Crawford Y Cummings

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

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

Y Mitchell Y Mobley Y Moraitakis
Morris Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 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, the ayes were 153, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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Representative Jenkins of the 93rd 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.

The following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

SB 485. By Senators Hall of the 22nd and Cheeks of the 23rd:
A BILL to be entitled an Act to amend Code Section 20-15-3 of the Official Code of Georgia Annotated, relating to establishment of the Georgia Medical Center Authority, appointment of members, terms of office, vacancies, removal from office, compensation, existence of the authority, and accountability of members, so as to provide for administrative assignment; to repeal conflicting laws; and for other purposes.

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

On the passage of the Bill, 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
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler

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

Y Hill, C.A Hill, V
E Hines 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
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham

Y Mitchell Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock Y 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
Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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

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

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

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

Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
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, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Holmes of the 48th, Post 1 was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 357. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," so as to redefine a term; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, security interests, and liens, so as to change certain provisions relating to definitions; to change certain provisions relating to salvaged or rebuilt motor vehicles, inspections, and fees; to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," so as to redefine a term; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, security interests, and liens, is amended in Code Section 40-3-2, relating to definitions, by striking paragraph (9) of said Code section and inserting in its place the following and by adding a new paragraph (11.1) to read as follows:
"(9) 'Major component part' means any one of the following subassemblies of a motor vehicle:
(A) Front clip assembly (fenders, hood, and bumper); (B) Rear clip assembly (quarter panels, and floor panel assembly, and roof assembly, excluding a soft top); (C) Engine and transmission; (D) Top, with the exception of soft tops; (E)(D) Frame; or (F)(E) Complete side (fenders, door, and quarter panel)." "(11.1) 'Salvaged-repaired motor vehicle' means any motor vehicle which has been damaged and subsequently restored to an operable condition by the replacement of less than two major component parts."
SECTION 2. Said chapter is further amended in Code Section 40-3-36, relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, by striking subparagraph (a)(2)(A) and by striking subsections (d) and (e) of said Code section in their entirety and inserting in their places the following:
"(2)(A) The registered owner of any motor vehicle which is damaged to the extent that its restoration to an operable condition would require the replacement of the front clip assembly, which includes the fenders, hood, and bumper; the rear clip assembly, which includes the quarter panels, and the floor panel assembly, and the roof assembly, excluding a soft top; the top assembly, excluding a soft top; the frame; and a complete side, which includes the fenders, door, and quarter panel shall mail or deliver the certificate of title to the commissioner for cancellation." "(d) Any certificate of title which is issued to a salvage motor vehicle, as provided for in this Code section, shall contain the word 'salvage' on the face of the certificate in such a manner as the commissioner may prescribe, so as to indicate clearly that the motor vehicle described is a salvage motor vehicle. The legend 'salvaged-repaired' shall be placed on a certificate of title which was declared a salvage vehicle and subsequently repaired with less than two major component parts to restore the vehicle to an operable condition. (e) Notwithstanding this subsection and subsections (c) and (d) of Code Section 40-337, the legend 'rebuilt' or 'salvage' or 'salvaged-repaired' shall only be required to be placed on the certificate of title to a vehicle which was declared a salvage vehicle on or after July 1, 1979 2004, and which was subsequently rebuilt."

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SECTION 3. Said chapter is further amended in Code Section 40-3-37, relating to salvaged or rebuilt motor vehicles, inspections, fees, exemption of motorcycles, and glider kits, by striking subsections (b) through (d) of said Code section in their entirety and inserting in their place the following:
"(b)(1) Upon receipt of an application for a certificate of title on a salvaged or rebuilt motor vehicle, the commissioner shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. Upon receipt of an application for a certificate of title on a recovered stolen motor vehicle which has been stripped of:
(A) Substantially all its interior parts; (B) Engine; (C) Transmission; (D) All doors; (E) Complete soft top assembly including roof mechanism; (F) Front clip assembly (fenders, hood, and bumper); or (G) Cab and bed of a pick-up truck, the commissioner shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The initial inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components, verification in regard to rebuilt vehicles that the word 'rebuilt' is permanently affixed as required by subsection (d) of this Code section, verification that the vehicle was rebuilt in the State of Georgia, and, if the vehicle has been repaired, verification that the motor vehicle conforms to all safety equipment standards required by law. The commissioner shall be authorized to charge a fee of $50.00 $100.00 for each initial inspection of each motor vehicle inspected. In the event a third or subsequent reinspection is required for any one motor vehicle fails an inspection, under this Code section, the commissioner shall be authorized to charge a fee of $50.00 $100.00 for the third and shall be charged for each subsequent reinspection. The commissioner may conduct any such initial inspection and any required reinspections even though the motor vehicle may have been previously inspected under this Code section. (2) If, upon inspection under paragraph (1) of this subsection, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached. The commissioner may order additional, corrective repairs to such vehicle as a condition of issuance of a certificate of title. (c) All applications submitted pursuant to this Code section shall be accompanied by one or more photographs of the motor vehicle in its salvaged condition before any repairs have been made to such vehicle, which photographs shall be used by the commissioner in his or her inspections of the vehicle pursuant to this Code section. Any person who rebuilds or repairs a salvage motor vehicle shall submit an application for a

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certificate of title and obtain an inspection of such vehicle prior to the painting of such vehicle.
(d)(1)(A) Upon inspection under subsection (b) of this Code section, if it is determined that the motor vehicle has been restored to an operable condition by the replacement of less than two or more major component parts, a certificate of title may be issued for such motor vehicle which shall contain the word 'rebuilt' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle. If any such inspection determines that the motor vehicle shall require the replacement of less than two or more major component parts in order to restore the motor vehicle to an operable condition, a certificate of title may shall be issued for such motor vehicle which shall contain the word 'salvage' words 'salvaged-repaired' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a salvage salvaged-repaired motor vehicle. (B) If it is determined that the motor vehicle required or shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, the person, firm, or corporation restoring or owning such motor vehicle shall cause the word 'rebuilt' to be permanently affixed to said motor vehicle after inspection by the commissioner. The word 'rebuilt' shall be affixed in a clear and conspicuous manner to the door post or such other location as the commissioner may prescribe. The word 'rebuilt' shall be stamped on the motor vehicle or shall be stamped on a metal plate which shall be riveted to the motor vehicle or shall be permanently affixed to the motor vehicle in such manner as the commissioner may prescribe. The requirement of this subparagraph shall only apply to motor vehicles restored after November 1, 1982. (2) Upon inspection by the commissioner and compliance with paragraph (2) of subsection (b) of this Code section, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major components changed, a certificate of title may shall be issued and shall contain the words 'salvaged-repaired' on its face. (3) If, after the initial inspection, the commissioner determines that the damage is so extensive that returning such vehicle to a safe, operable condition is impossible, the salvage certificate shall be revoked and such vehicle may only be used for scrap or parts. A vehicle for which such a determination is made shall not be issued a title under any circumstances or conditions including but not limited to obtaining of a surety bond."
SECTION 4. Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," is amended by striking paragraph (11) and inserting in lieu thereof the following:

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"(11) 'Rebuilder' means any person, partnership, limited liability company, firm, or corporation engaged in the business of buying more than three used, salvage, or wrecked motor vehicles per year for the purpose of restoring or rebuilding them with used or new motor vehicle parts, or both, to be sold as motor vehicles."
SECTION 5. 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 N Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter Y Burmeister Y Butler
Campbell N Casas N Chambers Y Channell Y Childers
Coan E Coleman, B N Cooper Y Crawford Y Cummings

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

Y Hill, C.A Hill, V
E 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
Joyce Y Keen N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell
McBee Y McCall Y McClinton E Millar Y Mills

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

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L
Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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On the passage of the Bill, by substitute, the ayes were 138, nays 19.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Forster of the 3rd, Post 1 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.

SB 403. By Senators Cheeks of the 23rd, Brush of the 24th and Hall of the 22nd:
A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Self-service Storage Facility Act," so as to change a certain definition; to provide that the owner of a self-service storage facility shall not be a bailee; to provide for presumed delivery of notice; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Self-service Storage Facility Act," so as to change a certain definition; to provide that the owner of a self-service storage facility shall not be a bailee; to provide for presumed delivery of notice; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Self-service Storage Facility Act," is amended by striking in its entirety paragraph (4) of Code Section 10-4-211, relating to definitions, and inserting in lieu thereof the following:
"(4) 'Personal property' means movable property not affixed to land and includes, but is not limited to, goods, wares, merchandise, motor vehicles, watercraft, and household items and furnishings. It specifically excludes motor vehicles or other property evidenced by certificate of title."

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SECTION 2. Said article is further amended by striking in its entirety Code Section 10-4-213, relating to the enforcement of a lien without judicial intervention, and inserting in lieu thereof the following:
"10-4-213. Provided that it complies with the requirements of this Code section, an owner may enforce the lien without judicial intervention. Owner shall obtain from occupant a written rental agreement which includes the following language:
This agreement, made and entered into this ______ day of ______________, ____, by and between ____________, hereinafter called Owner, and _______________, hereinafter called Occupant, whose last known address is _________________. For the consideration hereinafter stated, the Owner agrees to let the Occupant use and occupy a space in the self-service storage facility, known as ____________________, situated in the City of __________, County of ________, State of Georgia, and more particularly described as follows: Building #______, Space #_____, Size ________. Said space is to be occupied and used for the purposes specified herein and subject to the conditions set forth for a period of _______, beginning on the ______ day of ______________, ____, and continuing month to month until terminated. 'Space,' as used in this agreement, will be that part of the self-service storage facility as described above. The Occupant agrees to pay the Owner, as payment for the use of the space and improvements thereon, the monthly sum of $________. Monthly installments are payable in advance on or before the first of each month, in the amount of $________, and a like amount for each month thereafter, until the termination of this agreement. If any monthly installment is not paid by the tenth of the month due, or if any check given in payment is dishonored, Occupant shall be deemed to be in default. Occupant further agrees to pay the sum of one months fees, which shall be used as a clean-up and maintenance fund, and is to be used, if required, for the repair of any damage done to the space and to clean up the space at the termination of the agreement. In the event that the space is left in a good state of repair, and in a broomswept condition, then this amount shall be refunded to the Occupant. However, it is agreed to between the parties that the Owner may set off any claims it may have against the Occupant from this fund. The space named herein is to be used by the Occupant solely for the purpose of storing any personal property belonging to the Occupant. The Occupant agrees not to store any explosives or any highly inflammable goods or any other goods in the space which would cause danger to the space. The Occupant agrees that the property will not be used for any unlawful purposes and the Occupant agrees not to commit waste, nor alter, nor affix signs on the space, and to keep the space in good condition during the term of this agreement. OWNER HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN OCCUPANTS SPACE FOR RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY, AND FOR ITS

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PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO THIS AGREEMENT. PERSONAL PROPERTY STORED IN OCCUPANTS SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS THIRTY-DAY PERIOD AFTER DEFAULT. IN ADDITION, UPON OCCUPANTS DEFAULT, OWNER MAY WITHOUT NOTICE DENY OCCUPANT ACCESS TO THE PERSONAL PROPERTY STORED IN OCCUPANTS SPACE UNTIL SUCH TIME AS PAYMENT IS RECEIVED. IF ANY MONTHLY INSTALLMENT IS NOT MADE BY THE TENTH OF THE MONTH DUE, OR IF ANY CHECK GIVEN IN PAYMENT IS DISHONORED, THE OCCUPANT IS IN DEFAULT FROM DATE PAYMENT WAS DUE. For purposes of Owners lien: 'personal property' means movable property, not affixed to land, and includes, but is not limited to, goods, wares, merchandise, motor vehicles, watercraft, household items, and furnishings; 'last known address' means that address provided by the Occupant in the latest rental agreement or the address provided by the Occupant in a subsequent written notice of a change of address. The Owners lien is superior to any other lien or security interest, except those which are evidenced by a certificate of title or perfected and recorded prior to the date of this rental agreement in Georgia, in the name of the Occupant, either in the county of the Occupants 'last known address' or in the county where the self-service storage facility is located, except any tax lien as provided by law and except those liens or security interests of whom the Owner has knowledge through the Occupants disclosure in this rental agreement or through other written notice. Occupant attests that the personal property in his space(s) is free and clear of all liens and secured interests except for ____________. The Owners lien attaches as of the date the personal property is brought to the self-service storage facility. Except as otherwise specifically provided in this rental agreement, the exclusive care, custody, and control of any and all personal property stored in the leased space shall remain vested in the Occupant. The Owner does not become a bailee of the Occupants personal property by the enforcement of the Owners lien. If Occupant has been in default continuously for thirty (30) days, Owner may enforce its lien, provided Owner shall comply with the following procedure:
The Occupant shall be notified in writing by delivery in person or by certified mail or statutory overnight delivery to the last known address of Occupant. The Owner also shall notify other parties with superior liens or security interests as defined in this rental agreement. Such notice shall be presumed delivered when notice of delivery, failure to accept delivery, or the impossibility of delivery is received by Owner as of the date indicated on the proof of delivery, or if there is no proof of delivery, on the fourteenth day after sending as shown by the United States Postal Service or the statutory overnight delivery service. Owners notice to Occupant shall include an itemized statement of the Owners claim showing the sum due, at the time of the notice, and the date when the sum became due. It shall briefly and generally describe the personal property subject to

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the lien. The description shall be reasonably adequate to permit the person(s) notified to identify it, except that any container included, but not limited to, a trunk, valise, or box that is locked, fastened, sealed, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents. Owners notice shall notify Occupant of denial of access to the personal property and provide the name, street address, and telephone number of the Owner or its designated agent, whom the Occupant may contact to respond to this notice. Owners notice shall demand payment within a specified time, not less than fourteen (14) days after delivery of the notice. It shall state that, unless the claim is paid, within the time stated in the notice, the personal property will be advertised for public sale to the highest bidder, and will be sold at a public sale to the highest bidder, at a specified time and place. After the expiration of the time given in Owners notice, Owner shall publish an advertisement of the public sale to the highest bidder, once a week, for two consecutive weeks, in a newspaper of general circulation where the self-service storage facility is located. The advertisement shall include: a brief and general description of the personal property, reasonably adequate to permit its identification; the address of the self-service storage facility, and the number, if any, of the space where the personal property is located, and the name of the Occupant; and the time, place, and manner of the public sale. The public sale to the highest bidder shall take place not sooner than fifteen (15) days after the first publication. If there is no newspaper of general circulation where the self-service storage facility is located, the advertisement shall be posted at least ten (10) days before the date of the public sale and in not less than six (6) conspicuous places in the neighborhood where the selfservice storage facility is located. If no one purchases the property at the public sale and if the Owner has complied with the foregoing procedures, the Owner may otherwise dispose of the property and shall notify the Occupant of the action taken. Any sale or disposition of the personal property shall be held at the self-service storage facility or at the nearest suitable place to where the personal property is held or stored. Before any sale or other disposition of personal property pursuant to this agreement, the Occupant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred and thereby redeem the personal property and thereafter the Owner shall have no liability to any person with respect to such personal property. A Purchaser in good faith of the personal property sold to satisfy Owners lien takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by the Owner with the requirements of this agreement. In the event of a sale, the Owner may satisfy his lien from the proceeds of the sale. The Owner shall hold the balance of the proceeds, if any, for the Occupant or any notified secured interest holder. If not claimed within two years of the date of sale, the balance of the proceeds shall be disposed of in accordance with Article 5 of Chapter 12 of Title 44, the 'Disposition of Unclaimed Property Act.' In no event shall the Owners liability exceed the proceeds of the sale."

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SECTION 3. 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 Anderson
Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler
Campbell Y Casas Y Chambers Y Channell Y Childers
Coan E Coleman, B
Cooper Y Crawford Y Cummings

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

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

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y 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
Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson 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 154, nays 0.

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The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 263. By Senators Thomas of the 2nd, Squires of the 5th, Dean of the 31st and Thomas of the 54th:
A BILL to be entitled an Act to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide for reports and registration of legitimations, paternity orders, guardianships, and amendments and dissolutions of guardianships; to provide for duties of courts, the Office of State Administrative Hearings, petitioners, clerks of courts, and the state registrar; to provide for establishing a new certificate of birth in the case of legitimations and paternity orders; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide for certified copies of orders and registration of legitimations and paternity orders; to provide for duties of courts, the Office of State Administrative Hearings, petitioners, clerks of courts, and the state registrar; to provide for establishing a new certificate of birth in the case of legitimations and paternity orders; to change a provision relating to the authority needed to change paternity on a birth certificate; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by adding a new Code Section 31-10-13.1 to read as follows:
"31-10-13.1. (a) For each legitimation, annulment of legitimation, and amendment of an order of legitimation decreed by a court of competent jurisdiction in this state, the clerk of the court shall not later than the fifteenth day of each calendar month or more frequently, as directed by the state registrar, forward to the state registrar a certified copy of each order of legitimation, annulment of legitimation, and amendment of an order of legitimation which was entered in the preceding month. Each order of legitimation,

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annulment of legitimation, and amendment of an order of legitimation shall comply with paragraph (2) of subsection (c) of Code Section 31-10-23. (b) When the state registrar receives a certified copy of the order of legitimation, annulment of legitimation, or amendment of an order of legitimation of a person born outside this state, the state registrar shall forward such certified copy of the order to the state registrar in the indicated state of birth."
SECTION 2. Said chapter is further amended by adding a new Code Section 31-10-13.2 to read as follows:
"31-10-13.2. (a) In each case in which an order declaring paternity is entered by a court of competent jurisdiction in this state or by the Office of State Administrative Hearings, the clerk of the court or the Office of State Administrative Hearings shall not later than the fifteenth day of each calendar month or more frequently, as directed by the state registrar, forward to the state registrar a certified copy of each order of paternity, annulment of paternity, and amendment of an order of paternity which was entered in the preceding month. The order of paternity, annulment of paternity, and amendment of an order of paternity shall comply with paragraph (2) of subsection (c) of Code Section 31-10-23. (b) When the state registrar receives a certified copy of an order of paternity, annulment of paternity, or amendment of an order of paternity of a person born outside this state, the state registrar shall forward such certified copy of the order to the state registrar in the indicated state of birth."
SECTION 3. Said chapter is further amended in Code Section 31-10-14, relating to issuance of a new certificate of birth following adoption and legitimation or paternity determination, by striking subsection (a) and inserting in its place the following:
"(a) The state registrar shall establish a new certificate of birth for a person born in this state when the state registrar receives the following:
(1) A report of adoption as provided in Code Section 31-10-13 or a report of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth. A new certificate of birth shall not be established if the court decreeing the adoption directs that a new birth certificate not be issued; or (2) A certified copy of an order of legitimation, annulment of legitimation, or amendment of an order of legitimation as provided in Code Section 31-10-13.1 that requires the establishment of a new certificate of birth; (3) A certified copy of an order of paternity, annulment of paternity, or amendment of an order of paternity as provided in Code Section 31-10-13.2 that requires the establishment of a new certificate of birth; or

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(2)(4) A request that a new certificate be established as prescribed by regulation and such evidence as required by regulation proving that such person has been legitimated, or that a court of competent jurisdiction has determined the paternity of such a person, or that both parents married to each other have acknowledged the paternity of such person and request that the surname be changed to that of the father."
SECTION 4. Said chapter is further amended in Code Section 31-10-23, relating to amendment of certificates or reports, by striking subsection (c) and inserting in lieu thereof the following:
"(c)(1) Upon receipt of a certified copy of an order to legitimate a child, or an affidavit signed by the natural parents whose marriage had legitimated a child, the director shall register a new birth certificate if paternity was not shown on the original certificate. Such certificate shall not be marked 'amended.' (2) If paternity was shown on the original certificate, the record can be changed only by an order from the superior court a court of competent jurisdiction or the Office of State Administrative Hearings to remove the name of the person shown on the certificate as the father and to add the name of the natural father and to show the child as the legitimate child of the person so named. The order must specify the name to be removed and the name to be added."
SECTION 5. This Act shall become effective July 1, 2006.
SECTION 6. 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
Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas E Drenner
Dukes

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L
Smith, P Y Smith, T Y Smith, V Y Smyre

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Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler
Campbell Y Casas Y Chambers Y Channell Y Childers
Coan E Coleman, B
Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell
Heard, J Y Heard, K Y Heath E Heckstall Y Hembree Y Henson
Hill, C

James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen
Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin E Massey Y Maxwell Y McBee Y McCall Y McClinton E Millar Y Mills

Y Oliver, M Y O'Neal
Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 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 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SR 869. By Senators Levetan of the 40th and Henson of the 41st:
A RESOLUTION designating the Judge Jim Weeks Intersection; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 128, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted.

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The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

HB 1192. By Representatives Boggs of the 145th and Snow of the 1st:
A BILL to amend Article 5 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation nomenclature, so as to change and add definitions; to change provisions relating to permission required for use of the Georgia Bureau of Investigation's nomenclature; and for other purposes.

The following Senate amendments were read:

Senate Amendment #1
The Senate moves to amend HB 1192 by inserting after line 24:
"Section 2.A.
"35-3-154.1. (a) A copy of a report of the methods and findings of any examination or analysis conducted by an employee of the state crime laboratory, authenticated under oath, is prima-facie evidence in court proceedings in the State of the facts contained therein. (b) The report shall have the effect as if the person who performed the analysis or examination had personally testified and shall have an affidavit of the employee stating that: (1) He or she is certified to perform the requisite analysis or examination; (2) His or her experience as a chemist or analyst and as an expert witness testifying in court; and (3) He or she conducted the tests shown on the report using procedures approved by the Bureau and the report accurately reflects his opinion regarding the results. (c) The prosecuting attorney shall serve a copy on defendant's attorney of record or on defendant if pro se, prior to the first proceeding the report is to be used against defendant. (d) Any report under this Code section shall contain notice of the right to demand the testimony of the person signing the report. (e) The defendant may object in writing any time after service of the report, but at least ten days prior to trial, to the introduction of the report. If objection is made, the judge shall require the employee to be present to testify. The state shall diligently investigate the witness' availability and report to the court. If the witness is not available on a timely basis, the court shall grant a continuance."

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Senate Amendment #2
The Senate moves to amend HB 1192 by inserting following "nomenclature;" on line 4 of page 1 the following:
"to amend Article 6 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Division of Forensic Sciences within the Georgia Bureau of Investigation, so as to designate drug analysis reports issued by the state crime laboratory as prima-facie evidence of the facts contained in such report; to deem such reports admissible in court without the testimony of the employee who performed the tests and created the report; to allow the defendant to demand that the employee who performed the tests testify; to provide for applicability;".
By redesignating Section 3 as Section 5.
By adding after line 24 of page 2 the following:
"SECTION 3. Article 6 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Division of Forensic Sciences within the Georgia Bureau of Investigation, is amended by inserting immediately following Code Section 35-3-154 a new Code section to read as follows:
'35-3-154.1. (a) A copy of a report of the methods and findings of any examination or analysis of drugs or drug related materials conducted by an employee of the state crime laboratory, authenticated under oath by the employee, is prima-facie evidence in all grand jury and court proceedings in the State of Georgia of the facts contained in such report reciting the methods and findings. The signature of the employee can be written or in electronic format. (b) The report has the same force and effect as if the person who performed the analysis or examination had testified in person. The report shall be accompanied by an affidavit of the employee who performed the test or tests and created the report stating:
(1) That he or she is certified as qualified to perform the requisite analysis or examination; (2) His or her training and experience as a chemist or analyst, including the number of times he or she has been qualified as an expert witness and testified in court; and (3) That he or she conducted the test or tests shown on the report using procedures approved by the Georgia Bureau of Investigation and that the report accurately reflects his or her opinion regarding the results of those tests. (c) The prosecuting attorney shall serve a copy of the report on the attorney of record for the defendant, or on the defendant if the defendant has no attorney, prior to the first judicial proceeding in which the report is to be used against the defendant.

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(d) Any report issued for use under this Code section shall contain notice of the right of the defendant to demand the testimony of the person signing the report. (e) The defendant or opposing party may object in writing any time after service of the report upon him or her, but not later than ten days prior to trial of the case, to the introduction of the report from the state crime laboratory. If such objection is made, the trial judge shall require the state crime laboratory employee to be present for the purpose of personally testifying. The state shall diligently investigate the availability of the crime laboratory witness and report back to the court. If the witness is not available on a timely basis, the court shall grant a continuance until the next available trial or hearing date when the witness will be available. (f) Nothing in this Code section precludes the right of any party to call any witness or to introduce any evidence supporting or contradicting the evidence contained in the report.'
SECTION 4. The provisions of Section 3 of this Act shall not apply to any proceedings instituted before the effective date of this Act. Any such proceedings shall be governed by the statutes in effect at the time the proceedings were instituted."

Representative Boggs of the 145th moved that the House agree to the Senate amendments to HB 1192.

On the motion, the roll call was ordered and the vote was as follows:

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

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

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

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

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L
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
Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L

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Y Burkhalter Y Burmeister Y Butler
Campbell Y Casas
Chambers Y Channell Y Childers Y Coan E Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Greene Greene-Johnson
Y Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K Y Heath E Heckstall Y Hembree Y Henson Y Hill, C

Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee E McCall Y McClinton E Millar Y Mills

Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L
Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 147, nays 0. The motion prevailed.

Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R
Wix Y Yates
Coleman, Speaker

Representative Greene-Johnson of the 60th, Post 3 arose to a point of personal privilege and addressed the House.

The following Resolution of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HR 132. By Representatives Wilkinson of the 41st, Bunn of the 63rd, Ashe of the 42nd, Post 2, Heckstall of the 48th, Post 3, Franklin of the 17th and others:
A RESOLUTION designating the Keith Kalland Connector; and for other purposes.

Representative Wilkinson of the 41st moved that the House insist on its position in disagreeing to the Senate amendments to HR 132 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:

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Representatives Smith of the 13th, Post 2, Barnes of the 84th, Post 2 and Floyd of the 132nd.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 984. By Representatives Purcell of the 122nd, Oliver of the 121st, Post 2, Keen of the 146th, Stephens of the 123rd, DeLoach of the 127th and others:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding the designation of counties as less developed areas for purposes of certain income tax credits; to provide for such designation with respect to portions of certain counties; to provide for such designation with respect to tax credits for existing manufacturing and telecommunications facilities or manufacturing or telecommunications support facilities; and for other purposes.
HB 1175. By Representatives Jamieson of the 22nd, Greene of the 134th, Oliver of the 56th, Post 2, Stephens of the 123rd, Graves of the 106th and others:
A BILL to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to provide for applicability of such chapter with respect to cosmetology training programs operated by the Department of Corrections, the instructors of such programs, or inmates enrolled in such programs; and for other purposes.
HB 1599. By Representative Lane of the 101st:
A BILL to amend Code Section 50-4-7 of the Official Code of Georgia Annotated, relating to state service delivery regions, so as to change the descriptions of certain such regions; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:

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HB 198. By Representatives Buckner of the 82nd, Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Jamieson of the 22nd, Coleman of the 65th and others:
A BILL to amend Part 10 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Professional Standards Act," so as to revise provisions relating to the Professional Standards Commission and its powers and duties; to provide that members of local boards of education shall be subject to the jurisdiction of the commission; and for other purposes.

The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendments thereto:

HB 1549. By Representatives Bridges of the 7th, O`Neal of the 117th, Purcell of the 122nd, Burkhalter of the 36th, Buck of the 112th and others:
A BILL to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for special license plates supporting Rotary International; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend HB 1549 by striking lines 3 through 5 of page 1 and inserting in their places the following:
"supporting Rotary International; to provide for special license plates promoting Girl Scouts U.S.A; to provide for issuance, renewal, fees, licensing agreements, applications, transfers, and disposition of funds relative to such license plates; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes."
By adding after line 16 of page 3 the following:
"SECTION 2. Said chapter is further amended by adding a new Code Section 40-2-86.9 to read as follows:

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'40-2-86.9. (a) In order to promote youth organizations that promote character development and leadership training and activities directly in support thereof, there shall be issued beginning January 1, 2005, special license plates promoting the Girl Scouts U.S.A., subject to the conditions set forth in this Code section. (b) The commissioner shall design special distinctive license plates appropriate to promote the Girl Scouts U.S.A. The license plates shall be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. The Girl Scouts U.S.A. may request the assignment of the first 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested. (c) Notwithstanding the provisions of subsection (b) of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received any licenses or other permissions that may be required to implement this Code section. The design of the initial edition of the license plates, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Beginning in calendar year 2005, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee shall be issued a license plate promoting the Girl Scouts U.S.A. Revalidation decals shall be issued for such license plates in the same manner as provided for general issue license plates.
(e)(1) From the additional $25.00 fee charged for the issuance and renewal of the license plates authorized under this Code section, $2.00 shall be used by the department for manufacturing and purchase costs, $13.00 shall be paid to the general fund of the state treasury, and $10.00 shall be exclusively dedicated for the purpose of assisting youth organizations that promote character development and leadership training, pursuant to Article III, Section IX, Paragraph VI(n) of the Constitution. Such dedicated funds shall be appropriated for such purpose to the Department of Community Affairs or such other public agency as may be specified in the general or amended general appropriations Act. The agency or organization ultimately making use of such funds shall periodically provide to the commissioner an audit of the use of

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the funds or other evidence of use of the funds satisfactory to the commissioner. Any audit performed under Chapter 6 of Title 50 shall meet this auditing requirement. If an audit demonstrates that the funds are not being used for the purposes set forth in this Code section or if the required audit or evidence is not provided to the commissioner, then the commissioner shall so notify the House and Senate Appropriations Committees. Any funds appropriated pursuant to this Code section shall not lapse. (2) Subject to the general appropriations process, it is the intent of the General Assembly in the enactment of this Code section that the funds dedicated by this subsection be made available for the ultimate use of a nonprofit organization. Subject to the general appropriations process and the audit requirements of this Code section, it is contemplated that such dedicated funds will be for the ultimate use of the Girl Scouts U.S.A., if the General Assembly finds that the license plate program and appropriation authorized by this Code section will benefit both the state and the nonprofit organization having the ultimate use of the dedicated funds. (f) An applicant may request a Girl Scouts U.S.A. license plate any time during the applicants registration period. If such a license plate is to replace a current valid license plate, the Girl Scouts U.S.A. license plate shall be issued with appropriate decals attached. (g) No special license plate authorized pursuant to this Code section shall be issued except upon the application of at least 1,000 applications. The special license plate shall have an application period of two years after January 1, 2005, for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. (h) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31, manufacture of the license plates shall not be continued until the commissioner receives 1,000 applications. (i) Girl Scouts U.S.A. license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (j) Girl Scouts U.S.A. license plates shall be issued within 30 days of application once the requirements of this Code section have been met.'
SECTION 3. Section 2 of this Act shall become effective on January 1, 2005; provided, however, that

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Section 2 of this Act shall only become effective on January 1, 2005, upon the ratification of a resolution at the November, 2004, state-wide general election, which resolution amends the Constitution of the State of Georgia so as to authorize the dedication of revenue from the sales of license plates to a general purpose relating to the nature of the special license plate. If such resolution is not ratified, Section 2 of this Act shall not become effective and shall stand repealed in its entirety on January 1, 2005, and no such motor vehicle license plates shall be issued pursuant to Section 2 of this Act."
By redesignating Section 2 as Section 4.

Representative Bridges of the 7th moved that the House agree to the Senate amendment to HB 1549.

On the motion, the roll call was ordered and the vote was as follows:

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

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

Y 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
Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis
Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee E McCall Y McClinton E Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y 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 Y 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
Westmoreland Y White Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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On the motion, the ayes were 151, nays 0. The motion prevailed.

HB 1347. By Representatives Manning of the 32nd, Sinkfield of the 50th, Gardner of the 42nd, Post 3, Buckner of the 82nd, Henson of the 55th and others:
A BILL to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide that a child welfare agency shall obtain for every applicant for employment a preliminary criminal records check from the Georgia Crime Information Center through a local law enforcement authority; to define certain terms; to provide that an individual with a criminal record which includes certain crimes shall be prohibited permanently from employment in, service on behalf of, or residence in a child welfare agency or for a minimum of ten years from the date of final disposition of the crime, depending on the type of crime involved; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend HB 1347 by striking line 1 of page 1 and inserting in lieu thereof the following:
"To amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide for availability of information in child welfare agencies relating to recall notices on unsafe child care products; to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated,".
By redesignating Sections 1, 2, and 3 as Sections 2, 3, and 4, respectively, and by inserting a new Section 1 to read as follows:
"SECTION 1. Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by adding a new Code section to read as follows:
'49-5-23. (a) Any agency, department, or office that regulates child welfare agencies shall make available to such child welfare agencies at the time of application for initial or renewal certification or licensure information concerning contacting the U. S. Consumer Product Safety Commission to obtain recall notices on unsafe child and infant products.

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(b) Child welfare agencies shall post the phone number and website of the U. S. Consumer Product Safety Commission in a location visible to parents and visitors. The notice shall also advise such parents and visitors on how to obtain recall notices on unsafe child and infant products.'"

Representative Manning of the 32nd moved that the House agree to the Senate amendment to HB 1347.

On the motion, the roll call was ordered and the vote was as follows:

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

Y Day Dean
Y Deloach Dix
Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes
Ehrhart Y Elrod
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
Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath E Heckstall Y Hembree Y Henson Y Hill, C

Y 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
Jenkins, C Jenkins, C.F Y Jones Y Jordan Joyce Keen N Knox Y Lane Y Lewis Y Lord Lucas Y Lunsford Y Maddox Y Mangham Y Manning Marin Y Martin E Massey Y Maxwell Y McBee E McCall Y McClinton E Millar Y Mills

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

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

On the motion, the ayes were 135, nays 2.

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JOURNAL OF THE HOUSE

The motion prevailed.

HB 502. By Representatives Bordeaux of the 125th, Campbell of the 39th and Benfield of the 56th, Post 1:
A BILL to amend Code Section 15-11-18 of the Official Code of Georgia Annotated, relating to creation of juvenile courts and provisions relative to juvenile court judges, so as to provide for salary adjustments for full- time and part-time juvenile court judges who are paid with state funds; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Code Section 15-11-18 of the Official Code of Georgia Annotated, relating to creation of juvenile courts and provisions relative to juvenile court judges, so as to provide for salary adjustments for full-time and part-time juvenile court judges who are paid with state funds; to change terminology; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-11-18 of the Official Code of Georgia Annotated, relating to creation of juvenile courts and provisions relative to juvenile court judges, is amended by striking subsection (d) and inserting in lieu thereof the following:
"(d) Terms and compensation of judges. (1) Each juvenile court judge appointed under this Code section shall serve for a term of four years. Except as otherwise provided by law, the compensation of the full-time or part-time juvenile court judges shall be set by the superior court as provided in subsection (h) of this Code section with the approval of the governing authority or governing authorities of the county or counties for which the juvenile court judge is appointed. (2) The state, out of funds appropriated to the judicial branch of government, shall contribute toward the salary of the judges on a per circuit basis in the following amounts: (A) Each circuit with one or more juvenile court judges who are not superior court judges assuming the duties of juvenile court judges shall receive a state grant funding in the amount of $85,000.00, plus any annual salary adjustments provided

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to state officials in the future by subsection (b) of Code Section 45-7-4 without regard to the number of superior court judges in the circuit. Such state funds shall be spent solely on salaries for juvenile court judges and shall not be used for any other purposes. (B) In addition to the base amount set out in subparagraph (A) of this paragraph, each circuit which on or after October 1, 2000 2003, has more than four superior court judges is eligible for additional state grants funds. For each superior court judge who exceeds the base of four judges, the circuit shall be eligible for an additional grant state funds in an amount equal to one-fourth of the base amount of the state grant funding set out in subparagraph (A) of this paragraph. Such additional state grants funds shall be spent solely on salaries for juvenile court judges and shall not be used for any other purposes. (C) In those circuits where the judge or judges of the superior court elect to use the state grant funds provided in this Code section for one or more part-time judges, the amount of the state grant funds shall be as follows:
(i) For each part-time judge who works one day weekly..................... $ 17,000.00
(ii) For each part-time judge who works two days weekly.................. 34,000.00
(iii) For each part-time judge who works three days weekly............... 51,000.00
(iv) For each part-time judge who works four days weekly................ 68,000.00;
provided, however, that a grant funding for one or more part-time judges shall not exceed the amount the circuit is eligible for in accordance with subparagraphs (A) and (B) of this paragraph. (3) After the initial appointments and prior to any subsequent appointment or reappointment of any part-time or full-time juvenile court judge under this Code section, the judge or judges responsible for making the appointment shall publish notice of the opening on the juvenile court once a month for three months prior to such appointment or reappointment in the official legal organs of each of the counties in the circuit where the juvenile court judge has venue. The expense of such publication shall be paid by the county governing authority in the county where such notice or notices are published. (4) Minimum salaries for full-time juvenile court judges shall be as provided in subparagraph (A) of paragraph (2) of this subsection, plus any annual salary adjustment provided to state officials in the future by subsection (b) of Code Section 45-7-4 without regard to the number of superior court judges in the circuit. (5) Minimum salaries for part-time juvenile court judges shall be as provided in subparagraph (C) of paragraph (2) of this subsection, plus any annual salary adjustment provided to state officials in the future by subsection (b) of Code Section 45-7-4."
SECTION 2. This Act shall become effective on January 1, 2005.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Bordeaux of the 125th moved that the House agree to the Senate substitute to HB 502.

On the motion, the roll call was ordered and the vote was as follows:

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

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

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

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

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

On the motion, the ayes were 138, nays 0. The motion prevailed.

THURSDAY, APRIL 1, 2004

3193

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 480. By Representatives Cummings of the 19th and McBee of the 74th:
A BILL to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, so as to provide that a member of such retirement system who has at least 25 years of creditable service may obtain creditable service by paying the full actuarial value of such service; and for other purposes.

Representative Holmes of the 48th District, Post 1, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 254 Do Pass, by Substitute

Respectfully submitted, /s/ Holmes of the 48th, Post 1
Chairman

Representative Lord of the 103rd District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

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SB 350 Do Pass, by Substitute

Respectfully submitted, /s/ Lord of the 103rd
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 431 Do Pass, by Substitute

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

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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 419 Do Pass, by Substitute

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

THURSDAY, APRIL 1, 2004

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Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time:

SR 843. By Senators Hall of the 22nd, Cheeks of the 23rd, Johnson of the 1st, Williams of the 19th, Hill of the 4th and others:
A RESOLUTION designating the Woodpecker Trail Highway; and for other purposes.

The following amendment was read and adopted:

Representative Sims of the 130th et al. move to amend SR 843 by striking line 1 of page 1 and inserting in lieu thereof the following:
"Designating certain portions of the state highway system; and for other purposes.
PART I".
By adding after line 8 of page 2 the following:
"PART II WHEREAS, the late Max Lockwood served as president and chief executive officer of the U.S. 441 Economic Development Council based in Douglas, Georgia; and
WHEREAS, a graduate of Georgia Southern University in Statesboro, he lived in Douglas since 1979 where he served as Mayor; and
WHEREAS, he served at various times as a member of the Board of Directors of the Georgia Municipal Association, chairman of the Georgia Environmental Facilities Authority, member of the Executive Committee for Georgians for Better Transportation, member of the Board of Directors for the Georgia Regional Development Center, chairman of the Georgia Association of Regional Development Centers, president of the Georgia Chambers of Commerce Executives Association, member of the Board of Directors Executive Committee for the South Georgia Chamber of Commerce, and president of the Douglas Rotary Club; and
WHEREAS, he was a Paul Douglas Fellow, received the State Bar of Georgia Liberty Bell Award, was featured on the cover of Georgia Trend magazine in recognition of his

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support of transportation and was listed as a member of Georgia Trends 100 most outstanding Georgians, and received the Liston Elkins Award in 2000.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of U.S. 441 in the unincorporated areas of Coffee County from the city limits of Douglas northward to the Ocmulgee River bridge is hereby designated as the Max Lockwood Memorial Corridor in memory of this distinguished gentleman, and the Department of Transportation is authorized and directed to erect and maintain signs so identifying the highway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representative is authorized and directed to transmit an appropriate copy of this resolution to the family of the late Max Lockwood.".

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the ayes were 90, nays 0.
The Chair voted "aye".
On the adoption of the Resolution, as amended, the ayes were 91, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 449. By Senators Seabaugh of the 28th and Balfour of the 9th:
A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the O.C.G.A., relating to accountants, so as to repeal certain provisions relating to registered public accountants; to provide that public accountants shall upon application be certificated as certified public accountants; to remove references to registered public accountants; to amend Chapter 40 of Title 43 of the O.C.G.A., relating to real estate brokers and salespersons; to amend Article 13 of Chapter 1 of Title 7 of the O.C.G.A., relating to licensing of mortgage lenders and mortgage brokers, to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals; to provide for

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related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Representative Jamieson of the 22nd moved that the House insist on its position in substituting SB 449.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 1161. By Representatives Powell of the 23rd, Greene of the 134th, DeLoach of the 127th, Parham of the 94th, Teper of the 42nd, Post 1 and others:
A BILL to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, and Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide for comprehensive provisions regarding management of probationers; to change certain provisions regarding suspension or probation of sentence; to change certain provisions regarding documents required to be part of a sentence package; to change certain provisions regarding the continuing jurisdiction of a sentencing judge over a probationer; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend HB 1161 by striking line 4 of page 4 and inserting in lieu thereof the following:
"(4) 'Electronic monitoring' means supervising, mapping, or tracking the location of a probationer".
By striking line 7 of page 4 and inserting in lieu thereof the following:
"or global positioning systems which may coordinate data with crime scene information."

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Representative Powell of the 23rd moved that the House agree to the Senate amendment to HB 1161.

On the motion, the roll call was ordered and the vote was as follows:

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

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

Y Hill, C.A Y Hill, V Y Hines
Holmes 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 Joyce Keen Y Knox Lane Y Lewis Y Lord Y Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee E McCall Y McClinton E Millar Y Mills

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

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

On the motion, the ayes were 131, nays 0. The motion prevailed.

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

THURSDAY, APRIL 1, 2004

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HR 1871. By Representative Hill of the 147th:
A RESOLUTION commending Mr. Meredith Hill and recognizing and saluting his World War II service and inviting him to appear before the House of Representatives; 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 substitute, by the requisite constitutional majority, the following bills of the House:
HB 217. By Representatives Burkhalter of the 36th, Parham of the 94th, Powell of the 23rd and Drenner of the 57th:
A BILL to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, so as to require the use of certain child passenger restraints in motor vehicles; to change certain provisions relating to safety belts required as equipment and safety restraints for children four years of age or younger; and for other purposes.
HB 617. By Representatives Graves of the 106th, Childers of the 13th, Post 1, Wilkinson of the 41st and Watson of the 60th, Post 2:
A BILL to amend Article 7 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to clinical perfusionist licensure, so as to change the period of time for which a provisional license shall be valid; to provide for licensure of provisional licensees; to provide for revocation of a provisional license for failure to meet certain licensure requirements; and for other purposes.
HB 1555. By Representatives Channell of the 77th, Watson of the 60th, Post 2 and Teilhet of the 34th, Post 2:
A BILL to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to extend the suspension of the surcharge on the employer contribution rate based upon the State-wide Reserve Ratio; and for other purposes.

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The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 1632. By Representatives Butler of the 88th, Post 1, Oliver of the 56th, Post 2, Bordeaux of the 125th, Stokes of the 72nd, Harper of the 88th, Post 2 and others:
A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for certain matters relating to a child under circumstances where one parent has been convicted of the murder of the child's other parent; to amend certain provisions relating to reunification; to amend certain provisions relating to grounds for termination of parental rights; and for other purposes.
The Senate adheres to its amendments and has appointed a Committee of Conference on the following resolution of the House:
HR 132. By Representatives Wilkinson of the 41st, Bunn of the 63rd, Ashe of the 42nd, Post 2, Heckstall of the 48th, Post 3, Franklin of the 17th and others:
A RESOLUTION designating the Keith Kalland Connector; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Crotts of the 17th, Dean of the 31st, and Clay of the 37th.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
SB 449. By Senators Seabaugh of the 28th and Balfour of the 9th:
A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the O.C.G.A., relating to accountants, so as to repeal certain provisions relating to registered public accountants; to provide that public accountants shall upon application be certificated as certified public accountants; to remove references to registered public accountants; to amend Chapter 40 of Title 43 of the O.C.G.A., relating to real estate brokers and salespersons; to amend Article 13 of Chapter 1 of Title 7 of the O.C.G.A., relating to licensing of mortgage lenders and mortgage brokers, to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, APRIL 1, 2004

3201

The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Balfour of the 9th, Moody of the 27th, and Seabaugh of the 28th.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 987. By Representatives Ray of the 108th, Lucas of the 105th, Birdsong of the 104th, Jenkins of the 93rd and Graves of the 106th:
A BILL to amend an Act entitled "An Act to provide a pension and retirement plan and fund for certain employees and officers of the Macon Board of Water Commissioners," so as to define a certain term; to raise the employee contribution; to increase the benefit calculation factor; to change the vesting provision; to grant a cost of living adjustment to retirees and beneficiaries; and for other purposes.
Representative Oliver of the 56th District, Post 2, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 517 Do Pass, by Substitute SB 541 Do Pass, by Substitute

Respectfully submitted, /s/ Oliver of the 56th, Post 2
Chairman

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

3202 HR 1761 Do Pass

JOURNAL OF THE HOUSE

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

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 582. By Senators Meyer von Bremen of the 12th and Hooks of the 14th:
A BILL to be entitled an Act to amend Chapter 18 of Title 31 of the Official Code of Georgia Annotated, relating to treatment and rehabilitation of spinal cord disabled and head-injured persons, so as to change certain provisions relating to registration and reporting procedures; to change certain provisions relating to duties of the Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

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

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes E Ehrhart Y Elrod Y Epps Y Fleming
Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Gardner Y Golick

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis

Y Mitchell Y 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
Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall

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

Y Buckner, G Y Bunn Y Burkhalter Y Burmeister
Butler E Campbell Y Casas
Chambers Y Channell Y Childers Y Coan E Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, APRIL 1, 2004

Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K
Heath E Heckstall Y Hembree Y Henson Y Hill, C

Y Lord Lucas
Y Lunsford Y Maddox Y Mangham Y Manning
Marin Y Martin E Massey Y Maxwell Y McBee E McCall Y McClinton E Millar Y Mills

Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

3203
Y Thompson Y Walker, L Y Walker, R.L Y Warren
Watson 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, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Smyre of the 111th 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 Holmes of the 48th District, Post 1, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 760 Do Pass

Respectfully submitted, /s/ Holmes of the 48th, Post 1
Chairman

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

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HB 1715. By Representatives Hembree of the 46th, Maxwell of the 27th, Brooks of the 47th, Bruce of the 45th, Wix of the 33rd, Post 1 and others:
A BILL to create the Western Area Regional Radio System Authority; and for other purposes.

The following Senate substitute was read:

A BILL
To create the Western Area Regional Radio System Authority; to provide a short title; to provide a declaration of need; to provide for the membership, appointment of members, and terms of the members; to provide for a quorum; to define certain terms; to provide for the powers of the authority; to provide that obligations shall be exempt from taxation; to provide that indebtedness of the authority shall not constitute debt to the establishing local governments; to provide for venue of actions relating to any provisions of this Act; to provide for the purpose of the authority; to provide that the authority may establish rates and collect revenues for services; to provide for rules, regulations, and policies; to provide for tort immunity; to provide for exemptions from certain taxes; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be known and may be cited as the "Western Area Regional Radio System Authority Act."
SECTION 2. Declaration of need.
It is declared that there exists a need for a Western Area Regional Radio System Authority to function without profit in developing and promoting for the public good certain communication facilities and services in order to provide an interoperable, high quality, and reliable and uninterrupted communication signal for public safety and public services and for the other purposes expressed in this Act.
SECTION 3. Western Area Regional Radio System Authority.

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3205

(a) There is hereby created a public body corporate and politic to be known as the "Western Area Regional Radio System Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The authority shall consist of eight members who shall be appointed by the establishing local governments in the following manner: (1) Carroll County, Georgia, shall appoint two members to the authority, (2) the City of Douglasville, Georgia, shall appoint two members to the authority, (3) Haralson County, Georgia, shall appoint two members to the authority, and (4) Heard County, Georgia, shall appoint two members to the authority. Elected officials of the establishing local governments may be appointed as members of the authority. With respect to the initial appointments by the establishing local governments, the appointments shall be in the following manner: (1) Carroll County, Georgia, shall appoint its first member to a term of one year and shall appoint its second member to a term of four years, (2) the City of Douglasville, Georgia, shall appoint its first member to a term of two years and shall appoint its second member to a term of three years, (3) Haralson County, Georgia, shall appoint the first member to a term of one year and shall appoint its second member to a term of three years, and (4) Heard County, Georgia, shall appoint its first member to a term of two years and shall appoint its second member to a term of four years. Thereafter, all appointments shall be made for terms of four years and until successors are appointed and qualified. Immediately after such appointments, the members of the authority shall enter upon their duties. To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age, shall have been a resident of the jurisdiction of the establishing local government which appointed him or her for at least two years prior to the date of his or her appointment and shall continue such residency during his or her term of office, and shall not have been convicted of a felony. Any member of the authority may be selected and appointed to succeed himself or herself. (c) The authority may provide by resolution for compensation for the services of the members of the authority in such amounts as it may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (d) The members of the authority shall elect one of their number as chairperson and another as a vice chairperson. The chairperson shall preside over the regular and special meetings of the authority and shall not cast a vote in any proceeding unless necessary to cast a vote in the event of a tie vote. In the event that the chairperson is not in attendance, the vice chairperson shall preside and that presiding member shall not cast a vote in any proceeding unless necessary to cast a vote in the event of a tie vote. The members of the authority shall also elect a secretary, and may also elect a treasurer, who need not be members of the authority. The secretary and treasurer shall not be the chairperson or vice chairperson. The secretary may also serve as treasurer. If either the secretary or the treasurer is not a member of the authority, such officer shall have no voting rights. Each

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of such officers shall serve for a period of one year and until their successors are duly elected and qualified. (e) Four members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.
SECTION 4. Definitions.
As used in this Act, the term: (1) "Authority" means the Western Area Regional Radio System Authority created by this Act. (2) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents and legal expenses, plans and specifications, licensing fees and costs, and other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing herein authorized; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (3) "County" means any county created under the Constitution or laws of this state. (4) "Establishing local governments" shall mean the board of commissioners of Carroll County, Georgia, the mayor and council of the City of Douglasville, Georgia, the commissioner of Haralson County, Georgia, and the board of commissioners of Heard County, Georgia. (5) "Local government" or "local governing authority" means any municipal corporation or county or any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of this state. (6) "Obligation" means any indebtedness, including, without limitation, any note, lease, contract, or other evidence of indebtedness. (7) "Project" means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of providing facilities and services permitted by the obligation to meet radio communication needs and standards and to aid in the accomplishment of the purposes of the authority.

THURSDAY, APRIL 1, 2004

3207

(6) "State" means the State of Georgia.
SECTION 5. Powers.
The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, condemnation, or otherwise, and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same, or to dispose of the same in any manner it deems to the best advantage of the authority; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (5) To execute contracts, leases, installment sale agreements, and other agreements and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of a project; and any and all persons, firms and corporations, local governments, and any other political subdivision or municipality of the state located within the operational capacity of the authority are hereby authorized to enter into contracts, leases, installment sale agreements, and other agreements or instruments with the authority upon such terms and for such purposes as they deem advisable and as they are authorized by law; (6) To acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease, and dispose of projects; (7) To pay the costs of the project with the proceeds of any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (8) To finance projects and facilities of the authority for the furtherance of the purposes of the authority within the geographic area over which the authority has operational capability by loan, loan guarantee, grant, lease, or otherwise and to pay the cost of such from any funds of the authority or from any contributions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the authority is authorized to receive, accept, and use; (9) To sell or pledge any obligation acquired by it whenever it is determined by the authority that the sale thereof is desirable;

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(10) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (11) To accept loans and grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as, the state or such agency or instrumentality or political subdivision may require; (12) To borrow money for any of its corporate purposes and to provide for the payment of the same and for the rights of the holders thereof; (13) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness; (14) To acquire by the exercise of the power of eminent domain any real property or rights in property which it may deem necessary for its purposes under this Act pursuant to the procedures set forth under the laws of this state and to purchase, exchange, sell, lease, or otherwise acquire or dispose of any property or any rights or interests therein, or for any projects or activities incident thereto; and (15) To do all things necessary or convenient to carry out the powers expressly given in this Act.
SECTION 6. Exemption from taxation.
Obligations of the authority shall be exempt from all taxation within the state.
SECTION 7. Credit not pledged.
Obligations of the authority shall not be deemed to constitute a debt of the establishing local governments nor a pledge of the faith and credit of said establishing local governments. The issuance of such obligations shall not directly, indirectly, or contingently obligate said establishing local governments to levy or to pledge any form of taxation whatsoever for payment of such obligations or to make any appropriation for their payment, and all such obligations shall contain recitals on their face covering substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and any political subdivision or municipality to enter into an intergovernmental contract pursuant to which the political subdivision or municipality agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project including, without limitation, the principal of and interest on obligations in consideration for services or facilities of the authority.

THURSDAY, APRIL 1, 2004

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SECTION 8. Venue.
Any action to protect or enforce any rights under the provisions of this Act or any suit or action against the authority shall be brought in the Superior Court of Carroll County, Georgia.
SECTION 9. Moneys received considered trust funds.
All moneys received pursuant to the authority of this Act, whether as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 10. Purpose of the authority.
Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of providing for the development of a regional communication system for public safety and public service use to guarantee interoperability, high quality, and reliable and uninterrupted communication signals through facilities, equipment, and services for the establishing local governments by contract, including other persons, entities, and local governments who may hereinafter contract and agree for services from the authority. The general purposes of the authority shall not restrict the authority from developing and servicing any persons, entities, or local governments who may contract for the authority to develop communication services or facilities, or both, in other areas where operational capacity is deemed necessary or desirable.
SECTION 11. Rates, charges and revenues; use.
The authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished, and in anticipation of the collection of the revenues, to incur indebtedness as herein provided to finance, in whole or in part, the costs of the project.
SECTION 12. Rules, regulations, service policies, and procedures for operation of projects.
It shall be the duty of the authority to prescribe or cause to be prescribed rules, regulations, service policies, and procedures for the operation of any project constructed or acquired under the provisions of this Act. The authority may adopt bylaws.

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SECTION 13. Tort immunity.
To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as a political subdivision of the state; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of a political subdivision of the state when in the performance of their public duties or work for a political subdivision of this state.
SECTION 14. Tax-exempt status of authority.
The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any municipality, county, or the state or any political subdivision thereof to the extent allowed by general law.
SECTION 15. Effect on other governments.
This Act shall not and does not in any way take from the establishing local governments or any political subdivision or municipality the authority to own, operate, and maintain public facilities or to issue obligations.
SECTION 16. Liberal construction of Act.
This Act, being for the welfare of various political subdivisions and municipalities of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
SECTION 17. Effective date.
This Act shall become effective as of the earlier of August 1, 2004, or the adoption of a resolution by the establishing local governments that makes initial appointments of members to constitute a quorum of the authority.
SECTION 18. Repealer.

THURSDAY, APRIL 1, 2004 All laws and parts of laws in conflict with this Act are hereby repealed.

3211

Representative Hembree of the 46th moved that the House disagree to the Senate substitute to HB 1715.
The motion prevailed.

HB 1823. By Representatives Martin of the 37th, Burkhalter of the 36th, Jones of the 38th and Campbell of the 39th:
A BILL to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, so as to change the provisions relating to the compensation of the mayor and councilmembers; to provide for a referendum; to provide a contingent effective date; and for other purposes.

The following Senate substitute was read:

A BILL
To amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, particularly by an Act approved March 15, 1984 (Ga. L. 1984, p. 4318) and an ordinance adopted February 22, 1988 (Ga. L. 1988, p. 5224), so as to change the provisions relating to the compensation of the mayor and councilmembers; to provide for a referendum; to provide a contingent effective date; to provide for automatic repeal in certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, particularly by an Act approved March 15, 1984 (Ga. L. 1984, p. 4318) and an ordinance adopted February 22, 1988 (Ga. L. 1988, p. 5224), is amended by striking in its entirety Section 2.13,

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relating to the compensation of the mayor and councilmembers, and inserting in lieu thereof a new Section 2.13 to read as follows:
"SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation for their services in the following amounts:
(1) Mayor: $30,000.00 per annum, payable monthly; and (2) Council: $15,000.00 per annum, payable monthly. The mayor and councilmembers shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Alpharetta shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Alpharetta for approval or rejection. The election superintendent shall conduct that election no later than the Tuesday next following the first Monday in November, 2004, and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act increasing the annual compensation of the mayor of Alpharetta to $30,000.00 and the annual compensation of each member
( ) NO of the council for such city to $15,000.00 be approved?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on the first day of the month following the month in which the result of the referendum is certified to the Secretary of State. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Alpharetta. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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3213

Representative Martin of the 37th moved that the House disagree to the Senate substitute to HB 1823.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's disagreeing to the House amendment to the Senate substitute thereto:

HB 1652. By Representatives Orrock of the 51st, Sinkfield of the 50th, Dean of the 49th, Holmes of the 48th, Post 1, Teper of the 42nd, Post 1 and others:
A BILL to create the Metropolitan Commission on Homelessness; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the commission; to provide for the membership of the commission; to provide for the organization and meetings of the commission; to provide the purposes for which the commission is created; and for other purposes.

Representative Orrock of the 51st moved that the House insist on its position in amending the Senate substitute to HB 1652.
The motion prevailed.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 1451. By Representatives Bordeaux of the 125th, Stephens of the 123rd, Stokes of the 72nd and Fleming of the 79th:
A BILL to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to probate court costs, and Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide for premarital counseling; to provide for financial incentive to invest

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in premarital counseling; to change provisions relating to the contents of the application for a marriage license; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 923. By Representatives Heard of the 75th and McBee of the 74th:
A BILL to amend Article 4 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable under the Georgia Judicial Retirement System, so as to provide that a member of such retirement system who is a vested member in a local retirement system and who has not withdrawn his or her contributions shall be entitled to have all of the employer and employee contributions paid by or on behalf of such member transferred to the Georgia Judicial Retirement System; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 762. By Representatives Floyd of the 69th, Post 2, Marin of the 66th, Thomas Morgan of the 33rd, Post 2 and Thompson of the 69th, Post 1:
A BILL to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to change certain provisions relating to removal of trade fixtures during term and when property is abandoned; to change certain provisions relating to judgment, writ of possession, landlord's liability for wrongful conduct, and distribution of funds paid into court; and for other purposes.
HB 1229. By Representatives Barnes of the 84th, Post 2, Buckner of the 82nd, Dodson of the 84th, Post 1, Orrock of the 51st and Wix of the 33rd, Post 1:
A BILL to amend Code Section 16-5-70 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to add a nonmerger provision for the offense of cruelty to children in the second degree; and for other purposes.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 1752. By Representatives Harper of the 88th, Post 2 and Butler of the 88th, Post 1:

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A BILL to continue the existence of the Carrollton Independent School System under the management and control of the Carrollton Board of Education; to provide for the composition, term of office, and qualifications of members of the board; to provide for continuation in office; to provide for election wards; and for other purposes.

The following Senate substitute was read:

A BILL
To continue the existence of the Carrollton Independent School System under the management and control of the Carrollton Board of Education; to provide for the composition, term of office, and qualifications of members of the board; to provide for continuation in office; to provide for election wards; to provide for meetings, officers, quorum, rules of procedure, voting requirements, abstention from voting, public meetings, public comments at meetings, and communication of minutes; to provide for the powers, duties, and responsibilities of the board; to restrict the powers of the board; to define terms; to provide for salaries and expenses of board members; to provide for vacancies; to provide for a superintendent and appointment, powers and duties, qualifications, and responsibilities of such officer; to provide for a general counsel; to provide for publication of performance levels and expenditures; to provide for the roles of the board and the superintendent; to prohibit certain practices by board members; to provide for disclosure of financial interests in contracts or matters pending before the board and of relatives employed by the school system; to prohibit use of school system property for personal benefit; to provide that contracts are voidable in certain circumstances; to provide for hearings; to provide for access to records; to provide for determination of a millage rate and for limitations and levy of such millage rate and election relating thereto; to provide for transmittal of taxes to the board; to provide for loans and additional revenue sources; to provide for budgeting procedures; to provide that unlawful obligations are void; to provide for continuance of officers and employees; to continue existing rules, contracts, bonds, obligations, rights, and interests; to provide for construction; to repeal specific Acts; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INDEPENDENT SCHOOL SYSTEM
SECTION 1-101. Independent school system.

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In accordance with the laws of the State of Georgia, the Carrollton Independent School System (hereinafter at times referred to as the "Carrollton school system") shall be continued as an independent school system, created by the General Assembly and the provisions of this Act and preceding Acts, which shall be under the management and control of the Carrollton Board of Education (hereinafter referred to as the "board"). Except as provided herein, the school system and the board shall be subject to the general laws of the state.
ARTICLE II BOARD OF EDUCATION
SECTION 2-101. Composition.
The Carrollton Board of Education shall be composed of six members elected as provided in this Act.
SECTION 2-102. Elections; election wards.
(a) The Board of Education of the City of Carrollton which existed on December 31, 2003, is continued in existence. The board so continued shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to the effective date of this Act. (b) Those members of the board from Election Wards 2, 3, and 5 who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members for terms of office which expire December 31, 2005, and upon the election and qualification of their respective successors. Those members of the board from Election Wards 1, 4, and 6 who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members for terms of office which expire December 31, 2007, and upon the election and qualification of their respective successors. (c) For purposes of electing members of the board, the City of Carrollton School District is divided into six election wards. The election wards under this Act shall be constituted identically to those election wards for the board as existed on January 1, 2004. (d) One member of the board shall be elected from each election ward specified in subsection (c) of this section. In order to be elected as a member of the board from an election ward, a person must receive a majority of votes cast for that office or a run-off election shall be held as provided by general law. A member of the board of education must reside within the election ward from which he or she is selected and shall be elected by the electors residing within that election ward. (e) Successors to members of the board whose terms of office are to expire shall be elected at the time of the general municipal election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that

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election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (f) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2-103. Organization; officers; quorum; rules;
voting requirements; meetings.
(a) Organizational meeting. At the first regular meeting of the board in January following each regular election, the board shall organize and take their oaths of office. (b) Officers. At its first regular meeting in January of each year, the board shall elect a chairperson, a vice chairperson, and a treasurer by a majority vote of its members. The chairperson, vice chairperson, and treasurer shall serve for a term of one year and can be reelected to such position thereafter. (c) Quorum. Four members of the board shall constitute a quorum for the transaction of business, although a smaller number may adjourn from time to time and compel the attendance of its members. (d) Rules. The board shall adopt rules of procedure governing the transaction of its business consistent with the provisions of this Act and any other applicable laws. The rules of the board shall provide for regular meetings which shall be held at least monthly and in accordance with the provisions of Code Section 20-2-58 of the O.C.G.A., as now or hereafter amended, and shall provide for any special meetings of the board. (e) Voting requirement.
(1) The affirmative vote of a majority of the board shall be required for the passage of any resolution; provided, however, that a majority of a quorum of the board may take official action in regards to disciplinary matters related to appointed officers or employees of the Carrollton school system. (2) No member of the board shall abstain from voting at any duly called board meeting except in matters involving consideration of his or her own conduct, matters which would inure to his or her financial or personal interests, or matters which would be a conflict of interest as provided in Article 3 of this Act. Such board member shall, prior to the vote being taken, publicly state during the meeting the nature of his or her interest in the matter from which he or she is abstaining from voting and shall within ten days of such abstention disclose the nature of his or her interest as a public record in a memorandum filed with the board secretary who shall incorporate the memorandum into the minutes of the meeting. (f) Meetings. All meetings of the board and any of its committees shall be public in the same manner and to the same extent as required by Chapter 14 of Title 50 of the O.C.G.A., relating to open and public meetings, as now or hereafter amended, and any citizen shall have access to the minutes and records thereof at reasonable times. Said minutes shall include a synopsis of the discussion on every question coming before the

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board and any of its committees, and the names of those board members voting for and against each question, those abstaining, and those absent. (g) Public comment. The meetings of the board and its committees shall provide a reasonable opportunity for the public to be heard during such meetings of the board or its committees. The board shall prescribe rules and regulations for the receipt of such comments from the public.
SECTION 2-104. Powers, duties, responsibilities, and restrictions.
(a) The board shall: (1) Have and exercise control and management of the Carrollton school system in accordance with the provisions of this Act and the Constitution and general laws of the state. The board is hereby vested with all the powers and charged with all the duties provided to local boards of education by the general laws of the state; (2) Provide all students with textbooks and furnish educational or instructional materials, resources, and equipment adequately to such students; (3) Adopt by resolution rules and regulations related to the manner and method of employing, disciplining, and terminating any employees of the school system; (4) Adopt by resolution rules and procedures related to the procurement of supplies, equipment, goods, and services for the school system; (5) Adopt by resolution rules and regulations for the governance of students, including the discipline, suspension, or expulsion of students, in accordance with due process; (6) Hear appeals from actions of the superintendent of schools and other personnel; (7) Approve an annual budget for the Carrollton public school system and provide for the levy of a tax for educational purposes as provided in this Act; (8) Approve school attendance zones; (9) Have the authority to sue and be sued as a school district in the name of the Carrollton Independent School System; (10) Have the power to purchase, sell, rent, or lease property, both real and personal, in the name of the Carrollton Independent School System with the title to any property purchased being vested solely in the school system to the extent that such property was acquired directly by the board through funds of the school system; (11) Have the authority to enter into contracts with any person, firm, corporation, or governmental unit or agency for the performance of educational services or the use of educational facilities; (12) Adopt rules for the manner and extent the public is permitted to use buildings under its control, which rules shall make available all such buildings which may be needed or required for voting purposes on election days; (13) Approve the superintendents recommendation to hire or dismiss school system staff, provided that such recommendations can be rejected by the board only with a three-fourths vote of the board. Notwithstanding this provision, a majority vote of

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the board is sufficient to reject the superintendents recommendation, if a majority vote is required to comply with the provisions of Code Section 20-2-942 of the O.C.G.A.; and (14) The board may call an executive session as provided by law. Executive sessions shall not exclude the superintendent unless a discussion of the superintendent is the subject of the executive session. (b) The board shall not: (1) Employ one of its members for any position in the school system; (2) Do business with a partnership or corporation owned in whole or part by a board member or a relative of a board member, unless the stock of the firm is publicly traded and there are more than 75 stockholders; or (3) Do business with a bank or financial institution where a board member is an employee, stockholder, director, or officer when such member owns 10 percent or more stock in that institution. (c) Any board member whose relative is being considered for employment shall not vote on such employment. (d) As used in this Act, the word "relative" shall mean an individual who is related to the elected official, appointed officer, or employee as father, mother, son, daughter, brother, sister, husband, wife, grandfather, grandmother, grandchild, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law; any other relative living in the household of the elected official, appointed officer, or employee; a person who is engaged to be married to the elected official, appointed officer, or employee or who otherwise holds himself or herself out as or is generally known as the person whom the elected official, appointed officer, or employee intends to marry or with whom the elected official, appointed officer, or employee intends to form a household, or any other natural person having the same legal residence as the elected official, appointed officer, or employee.
SECTION 2-105. Salary and expenses of board members.
Members of the board shall receive the salary and expenses as provided by general law.
SECTION 2-106. Vacancies; filling of vacancies.
(a) The office of a board member shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may be hereafter enacted. (b) In case a vacancy occurs in the membership of the board of education by death, resignation, removal from the city or removal from the ward from which a member is chosen, or otherwise, the remaining members of the board shall elect a member to fill the

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vacancy until the next regular election, when the voters shall choose a successor for the remainder of the term.
SECTION 2-107. Superintendent of schools.
(a) The board shall appoint as its executive officer a school superintendent who shall have such qualifications as provided by law. The board shall provide the superintendent with a contract for employment for a fixed term as provided for under Code Section 20-2101 of the O.C.G.A., as amended. The person serving as superintendent of the board on the day this Act becomes effective shall continue to serve as such superintendent for the term of such persons contract, and upon the expiration of such term the board may enter into a new contract with that person or any other person who meets the qualifications for such office. (b) The superintendent shall have the power and duties assigned by the laws of the state and such other powers and duties as are assigned by this Act or by the board. (c) The superintendent need not be a resident of the school district at the time of his or her appointment but during his or her term in office shall reside within that district. (d) The superintendent shall be responsible for reporting to the board any legal or financial matter that requires board action or attention, including matters that may violate board policy or state or federal laws, or that may subject the school system to legal liability, a loss of state or federal funds, or a loss of its eligibility to receive such funds.
SECTION 2-108. General counsel for board and school system.
A general counsel shall be appointed and, if necessary, removed by the superintendent, with the advice and consent of the board. Such appointment of the general counsel may be by a contract authorized by the board. The general counsel shall serve as the chief legal adviser to the board and the school system.
SECTION 2-109. Publication of performance levels and expenditures.
(a) Whenever comprehensive reading examinations or other performance tests are administered to students, parents and guardians may obtain reports of their childs or wards performance. (b) All such test scores and performance summaries thereof, except the names of students, shall be public records. (c) The performance level of each school shall be measured according to a recognized method or methods of testing or evaluation on at least an annual basis and shall be a public record.

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SECTION 2-110. Roles of board and superintendent.
(a) In addition to the other powers and obligations provided by this Act and applicable state laws, the board is responsible for discussing and deliberating a variety of issues, and then:
(1) Hiring, evaluating, and, if necessary, dismissing the superintendent. As part of this process, the school board shall enter into a contract with a superintendent that includes explicit goals and performance standards along with the criteria to be used in evaluating the superintendents performance against those goals and standards; (2) Adopting a vision for the district after participating, under the leadership of the superintendent, in a process to create the vision. The process will involve gaining input from individuals within the school system, such as administrative staff, principals, teachers, parents, and students, and individuals outside the school system, such as business people, higher education officials, social service providers, and community members. The vision includes district-wide student learning goals as well as long-range and strategic plans for meeting the goals; (3) Adopting district-wide academic content and performance standards. These standards must meet or exceed the academic content and performance standards adopted by the state; (4) Creating district-wide measures for the district-wide academic content and performance standards. These measures must include state-wide tests; (5) Adopting district-wide policies that support an environment for quality improvement and progress for all decision makers in the district, as well as for students; (6) In partnership with the superintendent, tracking progress toward and keeping attention focused on the student learning goals and the academic content and performance standards and measures. This shall be done on a district-wide basis and on a school-by-school basis; (7) Approving an annual district budget, prior to the start of the school year, that identifies priorities and goals and that aligns the districts resources to achieve the district-wide student learning goals and district-wide academic content and performance standards and measures and to ensure that school facilities meet health and safety code requirements; (8) Approving a policy that determines the minimum dollar amount for contracts that require school board approval; (9) After seeking, receiving, and deliberating upon community input, approving plans for closing, selling, renovating, and building school facilities; and (10) Each year, developing, in concert with the superintendent, the priorities for the school system for the upcoming year. (b) Subject to the limitations contained in this Act, the superintendent, either directly or through a designee, is responsible for:

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(1) Leading a process, in cooperation with the board, to create the vision for the district that involves gaining input from individuals within the school system, such as administrative staff, principals, teachers, parents, and students, and individuals outside the school system, such as business people, higher education officials, social service providers, and community members. The vision includes district-wide student learning goals as well as long-range and strategic plans for meeting the goals. The vision must be formally adopted by the board; (2) Developing an annual budget that aligns the districts resources to achieve the district-wide student learning goals and district-wide academic content and performance standards and measures and to ensure that school facilities meet health and safety code requirements, and submitting it to the school board for its adoption; (3) Deciding which instructional areas will receive priority attention, and maintaining the focus, and keeping school-site decisions focused, on these areas; (4) Working with each schools staff to define instructional objectives, design the curriculum, and engage in professional development, using student performance data as the basis for these decisions; (5) In partnership with the board, tracking progress toward and keeping attention focused on the standards and measures that are adopted by the board. This shall be done on a district-wide basis and on a school-by-school basis; (6) After adoption of policies by the board, providing a supportive environment for quality improvement and progress for all decision makers in the district, as well as for students; (7) Tailoring and leading the provision of assistance to the districts low-performing schools; (8) Hiring, evaluating, and, if necessary, dismissing school system employees; (9) Implementing strategies to involve parents and community members in the district and to create partnerships between the district and public and private organizations; and (10) Each year, developing, in concert with the board, the priorities for the school system for the upcoming year.
ARTICLE III ETHICS AND PROHIBITED PRACTICES
SECTION 3-101. Disclosures.
Any elected official, appointed officer, or employee of the school system who has any financial interest, directly or indirectly, in any contract or matter pending before or within any office, department, or agency of the school system shall disclose such interest in writing to the board. Any board member who has a financial interest in any contract or matter pending before the board shall disclose such interest, in writing, and such disclosure shall be entered on the records of the board. The disclosure of any salary received by a board member from the school system or any entity doing business with the

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school system may be accomplished by naming the entity and position held by the board member with such entity. Interest and dividends from entities doing business with the school system which are listed on a national stock exchange or have more than 100 stockholders do not have to be disclosed. Likewise, the disclosure of any salary received by an immediate relative of the board member may be accomplished by naming the relative and the position held. The board member also shall disqualify himself or herself from participating in any decision or vote relating thereto.
SECTION 3-102. Use of public property.
No elected official, appointed officer, or employee of the school system shall use property of the school system for personal benefit or profit except in accordance with policies and procedures promulgated by the board.
SECTION 3-103. Contracts voidable and rescindable.
Any contract between the Carrollton school system and another party shall be voidable or rescindable at the discretion of the board at any time if any elected official, appointed officer, or employee has any interest in such contract and does not disclose such interest in accordance with the provisions within this article.
ARTICLE IV REVENUE AND FINANCE
Chapter 1 General Provisions SECTION 4-101. Taxation for educational purposes.
(a) The board of education for the public school system for the City of Carrollton shall annually certify to the mayor and council of the City of Carrollton a school tax not greater than 20 mills per dollar for the support and maintenance of education. That mayor and council shall annually levy the tax amount so certified upon the assessed value of all taxable property within the City of Carrollton school district unless:
(1) The tax amount certified before July 1, 2005, exceeds 16.5 mills per dollar in which event the tax amount levied shall be 16.5 mills per dollar; or (2) The tax amount certified on or after July 1, 2005, exceeds 18.5 mills per dollar, in which event the tax amount so certified shall be levied only if it previously has been approved in a referendum as provided in subsection (b) of this section. (b) Only in the event that on or after July 1, 2005, the board of education of the City of Carrollton certifies to the mayor and council of that city a school tax that exceeds 18.5 mills per dollar, and such levy has not been approved previously in a referendum

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pursuant to this subsection, that mayor and council shall require the election superintendent of the City of Carrollton to call and conduct an election as provided in this subsection, unless prohibited by the federal Voting Rights Act of 1965, as amended. That election shall be for the purpose of submitting the amount certified for such levy to the electors of the City of Carrollton school district for approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Carroll County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the school tax of (amount certified) mills per dollar which was certified by the board of education of the City of Carrollton be
( ) NO approved and levied by the mayor and council of that city?"
All persons desiring to vote for approval of the school tax amount certified shall vote "Yes," and all persons desiring to vote for rejection of the school tax amount certified shall vote "No." If more than one-half of the votes cast on such question are for approval of the school tax amount certified, the amount of the tax certified and so approved shall be levied by the mayor and council of the City of Carrollton upon the assessed value of all taxable property within the City of Carrollton school district. If the school tax amount certified is not so approved or if the election is not conducted as provided in this section, the school tax amount certified shall not be levied by the mayor and council of the City of Carrollton and the amount of the school tax levied the immediately preceding year shall be levied instead. The expense of such election shall be borne by the City of Carrollton. It shall be the election superintendents duty to certify the result thereof to the Secretary of State. (c) The provisions of this section shall control over any conflicting local law to the contrary enacted prior to 2004.
SECTION 4-102. Transmittal of taxes and other funds to the board.
(a) Tax collection officer. In accordance with state law, the applicable tax collection officer shall transmit to the board any and all ad valorem taxes assessed and collected on behalf of the city for the support and maintenance of public education, less any costs related to the tax assessment and collection and the amount of any interest and sinking fund charges on outstanding general obligation bonds. (b) City of Carrollton. The City of Carrollton shall remit to the board any funds received for the school system within 45 days after receipt; such funds shall be used to maintain and expand the public school system.
SECTION 4-103. Loans for operating expenses.

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(a) The board may obtain loans for operating expenses in accordance with the laws of the state. (b) The board may request the Carrollton City Council to negotiate loans to supply deficiencies in yearly operating expenses of the school system, during any year, in such amounts as may be determined by the board. However, any such loan requested by the board and negotiated by the city shall not exceed 50 percent of the anticipated tax revenue for the year levied for educational purposes. In lieu of borrowing money on behalf of the board, the city may advance to the board such amounts as may be required for such purposes. (c) The board shall provide for a sum sufficient to repay the loans or advances of moneys made by the city, together with the interest thereon, to be deducted from ad valorem taxes levied and collected for educational purposes during the year in which the loan was negotiated or an advance of moneys was made by the city. (d) In order for the board to obtain a loan or an advance as provided in this section, the board shall pass a resolution authorizing the money to be borrowed or advanced by the city, in which resolution shall be stated the amount of money to be borrowed or advanced, the length of time it is to be used, for what purpose borrowed, and from whom it is to be borrowed, which resolution shall be recorded on the minutes of the meetings of the board.
SECTION 4-104. Additional sources of revenue.
In the event any additional sources of revenue shall be authorized by law for educational purposes, the board shall have the power, as the case may be, to recommend or provide for the lawful collection and appropriation of such revenues for use by the school system.
Chapter 2 Budget
SECTION 4-201. Procedures.
The board shall conduct its budgeting procedures in the same manner as required of local governments in Article 1 of Chapter 81 of Title 36 of the O.C.G.A., relating to local government budgets and audits.
SECTION 4-202. Unlawful obligations void.
The board shall incur no obligation in excess of the annual budget and such other special appropriations as may be lawfully made and shall incur no liability except as authorized by such budget or appropriation. Any such liabilities attempted to be incurred shall be void in law and equity.

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ARTICLE V GENERAL PROVISIONS
SECTION 5-101. Continuance of officers and employees.
The current terms of office of all elected and appointed officials and officers of the Carrollton school system and its agencies, serving on the effective date of this Act, shall not be diminished and shall continue in full force and effect.
SECTION 5-102. Existing rules and regulations continued in effect.
Existing rules and regulations of the Carrollton Board of Education and the Carrollton Independent School System, and departments and agencies thereof, not inconsistent with the provisions of this Act, shall be effective until they have been repealed, modified, or amended.
SECTION 5-103. Pending matters.
All contracts, orders, leases, bonds, and other obligations or instruments entered into by the Carrollton Board of Education for the benefit of the Carrollton Independent School System prior to the effective date of this Act shall continue in effect according to the terms thereof.
SECTION 5-104. Existing rights and interests.
(a) Any rights or interests, public or private, vested in whole or in part on the effective date of this Act, whose validity might be sustained or preserved by reference to any provisions of law repealed by this Act, shall not be affected by this Act. This subsection shall not apply to any right or interest in any elective public office not conferred by this Act. (b) Any rights or interests, public or private, derived from, or which might be sustained or preserved in reliance upon, action taken pursuant to or within the scope of any provision of law repealed by this Act, shall not be affected by this Act.
SECTION 5-105. Construction.
(a) The captions to the several sections of this Act are informative only and are not to be construed as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive.

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(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. (d) "School district" means the City of Carrollton School District. (e) "City" means the City of Carrollton.
SECTION 5-106. Specific repealer.
An Act establishing a system of public schools for the City of Carrollton, approved November 26, 1886 (Ga. L. 1886, p. 306), and all amendatory Acts thereto, are repealed in their entirety.
SECTION 5-107. Severability.
If any article, section, subsection, paragraph, sentence, or part thereof of this Act, or the application thereof to any person or circumstance, should be declared invalid for any reason whatsoever, such decision shall not affect or impair the remaining portions of this Act, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held invalid, and to this end, the provisions of this Act and the applications thereof are hereby declared to be severable.
SECTION 5-108. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5-109. General repealer.
All laws and parts of laws in conflict with this Act are repealed.

Representative Harper of the 88th, Post 2 moved that the House agree to the Senate substitute to HB 1752.
On the motion the ayes were 121, nays 0.
The motion prevailed.

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HB 1786. By Representatives Lucas of the 105th, Randall of the 107th and Graves of the 106th:
A BILL to provide for the creation of one or more community improvement districts in the City of Macon; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; and for other purposes.

The following Senate substitute was read:

A BILL
To provide for the creation of one or more community improvement districts in the City of Macon; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to provide procedures for termination of the district or districts; to provide for the alteration of district boundaries and the practices, procedures, and requirements related thereto; to provide for debt of said district or districts; to provide for cooperation with local governments; to provide for powers of said boards; to provide for notes and other obligations of said district or districts; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of notes or other obligations, and subsequent issues of notes or other obligations; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolution; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be referred to as the "City of Macon Community Improvement District Act."
SECTION 2. Purpose.

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The purpose of this Act shall be to provide enabling legislation for the creation of one or more community improvement districts within the City of Macon, and such district or districts may be created for the provision of some or all of the following governmental services and facilities as provided and authorized by Article IX, Section VII of the Constitution of the State of Georgia and the resolution activating each district as it now exists or hereafter amended or supplemented as provided for by law, including, but not limited to:
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices and services to control the flow of traffic on streets and roads or services in connection therewith; (2) Parks and recreational areas and facilities and services; (3) Public transportation, including, but not limited to, services intended to reduce the volume of automobile traffic, to transport two or more persons in conveyances, to improve air quality, and to provide bicycle and pedestrian facilities and the operation of a traffic management association or similar entity and services; (4) Terminal and dock facilities and parking facilities and services; and (5) Such other services and facilities as may be provided for by general law or as the Georgia Constitution may authorize or provide now or hereafter.
SECTION 3. Definitions.
As used in this Act, the term: (1) "Agricultural" means the growing of crops for sale or the raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse boarding facilities, and riding stables. (2) "Board" means the governing body created for the governance of a community improvement district herein authorized. (3) "Caucus of electors" means the meeting of electors hereinafter provided for at which the elected board members of the district are elected. A quorum at such caucus shall consist of those electors present, and a majority of those present and voting is necessary to elect board members. No proxy votes may be cast. (4) "City council" means the city council of the City of Macon. (5) "City governing authority or body" means the city council and the mayor. (6) "District" means the geographical area designated as such by the resolution of the governing body of the City of Macon consenting to the creation of the community improvement district or districts or as thereafter modified by any subsequent resolution of the governing body or bodies within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activated pursuant hereto, as the context requires or permits. (7) "Electors" means the owners of real property within the given district which is subject to taxes, fees, and assessments levied by the board, as they appear on the most

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recent ad valorem real property tax return records of Bibb County, or one officer or director of a corporate elector, one trustee of a trust which is an elector, one partner of a partnership elector, or one designated representative of an elector whose designation is made in writing to the Bibb County tax commissioner and the city clerk of the City of Macon at least ten days prior to an election. An owner of property that is subject to taxes, fees, or assessments levied by the board shall have one vote for an election based on numerical majority. An owner of multiple parcels has one vote, not one vote per parcel, for an election based on numerical majority. Multiple owners of one parcel have one vote for an election based on numerical majority which must be cast by one of their number who is designated in writing. (8) "Equity electors" means electors who cast votes equal to each $1,000.00 value of all owned real property within the given district which is then subject to taxes, fees, and assessments levied by the board. Value of real property shall be the assessed value. (9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree farming operation. The term does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (10) "Hereby," "herein," "hereunder," and "herewith" mean under this Act. (11) "Mayor" means the mayor of the City of Macon. (12) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements, including operation of facilities or other improvements, located or to be located within or otherwise providing service to the district and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvements for the purposes set forth in Section 2 of this Act. (13) "Property owner" or "owner of real property" means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of Bibb County within the district as certified by the Bibb County tax commissioner. (14) "Property used nonresidentially" means property or any portion thereof used for neighborhood shopping, planned shopping centers, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, parking, or other commercial or business use or vacant land zoned or approved for any of the aforementioned uses which do not include residential. (15) "Residential" means a specific structure, work, or improvement undertaken primarily to provide either single family or multifamily dwelling accommodations for

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persons and families of four units or less, and for which an application for homestead exemption has been filed and accepted. (16) "Taxpayer" means an entity or person paying ad valorem taxes on real property, whether on one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole. (17) "Value" or "assessed value" of property means the values established in the most recent ad valorem tax reassessment of such properties certified by the chairperson of the Bibb County Board of Tax Assessors.
SECTION 4. Creation.
Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created one or more community improvement districts to be located in the City of Macon, Georgia, wholly within the incorporated area thereof, which shall be activated upon compliance with the conditions set forth in this section. Each district, if more than one are implemented, shall be governed as directed by this Act. The conditions for such activation shall be:
(1) The adoption of a resolution consenting to the creation of the community improvement district or districts by the governing authority for the City of Macon and imposing such conditions on the projects and activities which may be undertaken as will ensure their compatibility with adopted city policies and planning for the area; and (2) The written consent to the creation of the community improvement district by:
(A) A majority of the owners of real property within the given district which will be subject to taxes, fees, and assessments levied by the board of the given district; and (B) The owners of real property within the given district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the Bibb County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to such proposed district. The district or districts or respective board or boards created under this Act shall not transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State and with the city clerk of the City of Macon, who shall each maintain a record of the district activated under this Act. Nothing contained herein shall limit the ability of the governing authority of the City of Macon to implement more than one community improvement district so long as the requirements hereof and of the Georgia Constitution are satisfied. The provisions of this Act shall be construed so as to provide for the independent application and exercise of all powers for each district contained herein

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including the ability to levy taxes as outlined herein as separately and independently authorizing and empowering such separate community improvement districts created hereby. Nothing contained herein shall require the governing authority of the City of Macon to create more than one community improvement district, or to require the creation of a new district if the district boundaries of an existing district are changed, added to, supplemented, or modified.
SECTION 5. Administration, appointment, and election of board members.
Each district created pursuant hereto shall be administered either by the governing authority or by a board as prescribed under this Act. In the event that a district is to be governed by such a board, the board shall be composed of a minimum of seven board members to be appointed and elected as hereinafter provided:
(1) Two board members shall be appointed by the mayor of the City of Macon, and confirmed by a majority of the city council, one of whom shall be a member of the city council, to serve in posts 6 and 7. Three board members shall be elected by the vote of electors, and two members shall be elected by the vote of equity electors. The members representing the electors and equity electors shall be elected to serve in post positions 1 through 5, respectively. Each elected board member must receive a majority of the votes cast for the post for which he or she is a candidate. Votes for posts 1 and 2 shall be cast by electors, and votes for posts 3, 4, and 5 shall be cast by the equity electors. The initial term of office for the members representing posts 1 and 3 shall be one year. The initial term of office for the members representing posts 2 and 5 shall be two years, and the initial term of office of the members representing post 3 shall be three years. Thereafter, all terms of office shall be for four years, except the appointed board members who shall serve at the pleasure of the appointing body which appointed him or her. Elected board members shall be subject to recall in the same manner as elected. (2) The initial board members to be elected as provided in paragraph (1) of this section shall be elected in a caucus of electors which shall be held within 120 days after the adoption of the resolution by the City of Macon consenting to the creation of the district, and the obtaining of the written consents herein provided at such time and place within the district as the City of Macon shall designate after notice thereof shall have been given to said electors by publishing same in the legal organ of Bibb County as hereinafter provided. Thereafter, there shall be conducted annually, not later than 120 days following the last day for filing ad valorem real property tax returns in Bibb County, a caucus of said electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those board member positions whose terms expire or are vacant. If a vacancy occurs in an elected position on the board, the board shall, within 60 days thereof, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which

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case a special election may, but need not, be called. For any election held hereunder, notice thereof shall be given to said electors by publishing notice thereof in the legal organ of Bibb County at least once each week for four weeks prior to such election. (3) Board members shall receive no compensation for their services, but shall be reimbursed for actual expenses reasonably incurred in the performance of their duties. They shall elect one of their number as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer, or a secretary/treasurer, either of whom may, but need not, be a member of the board or an elector. (4) If the boundaries of a district are subsequently changed after creation of the district to include land within a municipality which was not a party to the creation of the district, or if a municipalitys boundaries are changed to include land within an existing district, the governing authority of the municipality shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement provided for in Section 9 of this Act. If, by municipal annexation or by deannexation of land from a district, the district no longer includes land within the incorporated area of the City of Macon or within a municipality, respectively, then the board member of the district appointed by such governing authority in which the district is no longer located shall cease to be a board member. (5) Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," shall not apply to the election of district board members. Should a vacancy in office of a district board member occur, and the regular caucus of electors is more than six months in the future, a special election shall be called to fill such vacancy, unless it is filled by appointment as hereinabove required. The district board may adopt such bylaws not inconsistent herewith to provide for any matter concerning such elections.
SECTION 6. Taxes, fees, and assessments.
(a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia; all property used for residential, agricultural, or forestry purposes; and all tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2.5 percent of the aggregate assessed value of all such real property, subject to such limitations as the governing authority for the City of Macon may implement with the adoption of the resolution creating to the consent of the creation of said district. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing those governmental services and facilities set forth in Section 2 of this Act which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental

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services and facilities provided to the municipality as a whole. Any tax, fee, or assessment so levied shall be collected by the City of Macon in the same manner as taxes, fees, and assessments are levied by the City of Macon. Delinquent taxes shall bear the same interest and penalties as City of Macon ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 0.25 percent thereof, but not more than $10,000.00 in any one calendar year, shall be transmitted as soon as they are acquired by the City of Macon to the board, and shall be expended by the board only for the purposes authorized hereby. (b) The board shall levy the taxes provided for in subsection (a) of this section subsequent to the report of the assessed taxable values for the current calendar year and notify in writing the collecting governing bodies so they may include the levy on their regular ad valorem tax bills, if possible. (c) There shall be a segregation of all funds from the levy of taxes, fees, and assessments as described hereunder for the district, and neither the City of Macon, nor the Bibb County tax commissioner shall expend for any purpose not authorized by the board of this district, any such taxes, fees, or charges assessed and collected hereunder except for such costs as may be attributed to the billing and collection of such fees, levies, and assessments. (d) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear the tax millage levied by the district then extant upon such parcel for indebtedness of the district then outstanding until said indebtedness is paid or refunded.
SECTION 7. Boundaries of the district.
(a) The boundaries of the district or districts shall be as designated as such by the City of Macon as set forth in the resolution required in Section 4 of this Act, or as may thereafter be added as hereinafter provided. (b) The boundaries of the district or districts may be increased after the initial creation of a district if:
(1) Written consent of the owners of any real property sought to be annexed is first obtained; (2) The board of the district adopts a resolution consenting to the annexation; and (3) A resolution is adopted which grants consent to the annexation by the governing authority of such municipalities as may have area within the district before or after the annexation.
SECTION 8. Debt.

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Except as otherwise provided in this section, the district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of the State of Georgia, which debt shall be backed by the full faith and credit and taxing power of the district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district; provided, however, that the Board and the district may not issue bonds validated under or in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," or in accordance with such other successor provisions governing bond validation generally or as may be provided by law.
SECTION 9. Cooperation with local governments.
The services and facilities provided pursuant hereto may be provided for in a cooperation agreement executed jointly by the board, the governing body of the City of Macon, and any municipalities and other governmental authorities or agencies within which the district is partially located. The provisions of this section shall in no way limit the authority of the City of Macon or any such municipality or any such authority to provide services or facilities within the district; and the City of Macon or such municipalities shall retain full and complete authority and control over any of its facilities located within its respective areas of any district. Said control shall include but not be limited to the modification of, access to, and degree and type of services provided through or by facilities of the municipality or county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein.
SECTION 10. Powers.
(a) The district and the board created pursuant hereto shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions hereof, including, without limiting the generality of the foregoing, the power to:
(1) Bring and defend actions; (2) Adopt and amend a corporate seal; (3) Make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts with respect to the use of projects, and agreements with other jurisdictions or community improvement districts regarding multijurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district;

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(4) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) Finance (by loan, private grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities, all of which the board is authorized to receive, accept, and use; (6) Borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its notes, or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) Issue notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all reasonably incurred costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; provided, however, that the Board and the district may not issue bonds validated under or in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," or in accordance with such other successor provisions governing bond validation generally or as may be provided by law; (8) Make application directly or indirectly to any private source for loans, grants, guarantees, or other financial assistance in furtherance of the districts public purposes and to accept and use the same upon such terms and conditions as are prescribed by such private source; provided, however, that the district and the board shall not have the power to apply for, receive, administer, or utilize grants from federal, state, county, or municipal governments or agencies or any other public sources; (9) Enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (10) Contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of the state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake;

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(11) Grant, mortgage, convey, assign, or pledge its property, revenues or taxes, or fees or assessments to be received as security for its notes, or other indebtedness and obligations; (12) Receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto; (13) Receive and administer gifts, private grants, and devises of money and property of any kind and to administer trusts; (14) Use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be the best advantage of the district and the public purposes thereof; (15) Appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (16) Encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long range plans or proposals for the district in cooperation with the City of Macon and any municipal corporations in which the district is wholly or partially located; (17) Invest its funds, whether derived from the issuance of its bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restriction; (18) Adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (19) Exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and (20) Do all things necessary or convenient to carry out the powers conferred hereby. (b) The powers enumerated in subsection (a) of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act, and no such power limits or restricts any other power of the board except where expressly noted.
SECTION 11. Construction; notice, proceeding, publication, referendum.
This Act shall be liberally construed to effect the purposes hereof. No notice, proceeding, or publication except those required hereby shall be necessary to the performance of any act authorized hereby, nor shall any such act be subject to referendum.
SECTION 12. Applicability of Chapter 5 of Title 10 of the O.C.G.A.,
the "Georgia Securities Act of 1973."

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The offer, sale, or issuance of notes, or other obligations by the district shall not be subject to regulation under Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Securities Act of 1973."
SECTION 13. Dissolution.
(a) A district activated under the provisions of this Act may be dissolved upon the occurrence of any of the following:
(1) The adoption of a resolution approving of the dissolution of the community improvement district by the City of Macon and such municipalities if partially within one or more municipalities; or (2) The written consent to the dissolution of the community improvement district by:
(A) A majority of the owners of real property within the district subject to taxes, fees, and assessments levied by the board of the district; or (B) The owners of real property constituting at least 75 percent by value of all real property within the district subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the Bibb County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to the proposed district dissolution. (b) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes effective, no new projects may be undertaken, obligations or debts incurred, or property acquired. (c) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any debt obligation of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to each property owner in direct proportion to the total amount in taxes, fees, or assessments paid by the property owner relative to the total revenues paid by all properties in the district. (d) When a dissolution becomes effective, the municipal governing authority, or the governing authority of a county if wholly within the incorporated area thereof, shall take title to all property previously in the ownership of the district and all taxes, fees, and assessments of the district shall cease to be levied and collected. (e) A district may be reactivated in the same manner as an original activation.
SECTION 14. Repealer.

THURSDAY, APRIL 1, 2004 All laws and parts of laws in conflict with this Act are repealed.

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Representative Lucas of the 105th moved that the House agree to the Senate substitute to HB 1786.
On the motion the ayes were 121, nays 0.
The motion prevailed.

HB 1028. By Representative Powell of the 23rd:
A BILL to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative findings; to create the Georgia Hospital Insurance Authority; to provide a short title; to provide for definitions; to provide for the members of the authority and their selection, service, and terms of office; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative findings with respect to a crisis in the field of hospital and medical liability insurance; to address such crisis through provision of insurance and certain civil justice reforms; to create the Georgia Hospital and Medical Liability Insurance Authority; to provide a short title; to provide for definitions; to provide for the members of the authority and their selection, service, and terms of office; to provide for the filling of vacancies; to provide for the powers, duties, operations, and financial affairs of the authority; to provide for the general purpose of the authority; to prescribe standards relating to vicarious liability of medical facilities for actions of health care providers; to provide for limited liability for certain medical facilities and health care providers for treatment of certain emergency conditions under certain conditions; to provide for qualifications of experts; to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to change provisions relating to the allocation of liability and recovery of damages in tort actions; to provide for the degree of care expected of medical professionals in an emergency room setting; to provide for the consideration by the jury or other trier of fact of certain factors affecting such care in determining whether such degree or standard of care was met; to require the approval by the Commissioner of Insurance of all medical malpractice rates, rating plans, rating systems, and underwriting

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rules prior to such rates, rating plans, rating systems, and underwriting rules becoming effective; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to change certain provisions relating to actions against certain codefendants residing in different counties; to provide for an effective date and applicability; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to change provisions relating to the required filing of affidavits in professional malpractice actions; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at its end a new Chapter 46 to read as follows:
"CHAPTER 46 ARTICLE 1
31-46-1. (a) The General Assembly finds that there presently exists a crisis in the field of hospital and medical liability insurance. Hospitals and other health care providers in this state are having increasing difficulty in locating liability insurance and, when such hospitals and providers are able to locate such insurance, the insurance is extremely costly. The result of this crisis is the potential for a diminution of the availability of access to health care services and the resultant effect on the health and well-being of the citizens of this state. (b) The General Assembly further finds that the state has a significant interest in ensuring the availability of liability insurance for hospitals and health care providers in this state at reasonable cost to the providers. The General Assembly further finds that the provision of such insurance to providers through the authority created in this chapter will result in the increased availability of health care services for the citizens of this state which is of substantial benefit to the state and its citizens. (c) The General Assembly further finds that certain civil justice reforms as provided in this chapter will promote predictability and improvement in the resolution of health care liability claims and thereby assist in promoting the provision of health care liability insurance by the authority created in this chapter and other insurance providers.
ARTICLE 2
31-46-20. This chapter shall be known and may be cited as the 'Georgia Hospital and Medical Liability Insurance Authority Act.'

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31-46-21. This chapter, being for the health and welfare of the state and its inhabitants, shall be liberally construed to effect its purposes.
31-46-22. (a) There is created a body corporate and politic to be known as the Georgia Hospital and Medical Liability Insurance Authority which shall be deemed to be a public corporation of the State of Georgia by that name, style, and title. Said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. (b) The authority shall consist of 13 members as follows:
(1) Three members shall be appointed by the Governor. The terms of the initial members appointed by the Governor shall begin July 1, 2004, and one such member shall serve for a term of two years, one such member shall serve for a term of three years, and one such member shall serve for a term of four years. Thereafter, all members appointed by the Governor shall serve for terms of four years; (2) Three members shall be appointed by the President of the Senate. The terms of the initial members appointed by the President of the Senate shall begin July 1, 2004, and one such member shall serve for a term of two years, one such member shall serve for a term of three years, and one such member shall serve for a term of four years. Thereafter all members appointed by the President of the Senate shall serve for terms of four years; (3) Three members shall be appointed by the Speaker of the House of Representatives for terms concurrent with the Speakers term as Speaker; and (4) The following shall serve ex officio: the state auditor, the commissioner of community health, the Commissioner of Insurance, and the director of the Risk Management Division of the Department of Administrative Services. All members shall serve until their successors are appointed and qualified. All members shall be residents of Georgia. (c) The members of the authority shall elect one of their members as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person. (d) The authority may make such bylaws for its government as is deemed necessary but is under no obligation to do so. (e) Any nine members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this chapter, except that the votes of a majority of the total membership of the authority shall be required in order for the authority to incur any obligation or indebtedness or enter into any contract or agreement. No person shall be entitled to exercise or cast a proxy vote for any member. No vacancy on the authority shall impair the right of a quorum to transact any and all business.

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(f) The members shall receive no compensation for their services; but all members shall be entitled to be reimbursed from funds of the authority for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services. (g) A vacancy in one of the appointive positions shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
31-46-23. As used in this article, the term:
(1) 'Authority' means the Georgia Hospital and Medical Liability Insurance Authority created in Code Section 31-46-22. (2) 'Bond,' 'bonds,' or 'revenue bonds' means revenue bonds, refunding notes, notes, interim certificates, bond anticipation notes, and other evidences of indebtedness of the authority issued under this chapter. (3) 'Health care provider' means any person licensed under Chapter 9, 11, 26, 30, 33, 34, 35, or 39 of Title 43 who provides care or assistance to an individual within the scope of the health care providers licensure or any association, partnership, professional corporation, or other group of such persons who provide such care or assistance within the scope of their licensure. (4) 'Medical facility' means any licensed general or specialized hospital, institutional infirmary, public health center, or diagnostic and treatment center.
31-46-24. (a) The authority shall have power:
(1) To have a seal and alter the same at pleasure; (2) To adopt, amend, and repeal bylaws and rules consistent with this chapter to regulate its affairs, to carry into effect the powers and purposes of the authority, and to conduct its business; (3) To acquire by purchase, lease, or otherwise, with the exception of eminent domain, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (4) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of the same; or to dispose of the same in any manner it deems to the best advantage of the authority; (5) To appoint, select, and employ officers, agents, consultants, and employees, including, but not limited to, fiscal agents, actuaries, accountants, risk managers, health care and financial experts, and attorneys, and fix their respective compensations; (6) To appoint, select, and employ an executive director;

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(7) To make contracts and leases and to execute all instruments necessary or convenient and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character. Any and all persons, firms, and corporations; the state; and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. The authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia, or the United States government, or any agency or department thereof; (8) To invest and reinvest funds; (9) To provide, obtain, or purchase insurance or reinsurance agreements or both under such terms and conditions as the authority deems appropriate; (10) To settle and pay claims under such insurance agreements under such conditions and terms as the authority deems appropriate; (11) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (12) To accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (13) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; (14) To sell, convey, mortgage, pledge, assign, lease, exchange, transfer, or otherwise dispose of all or any part of its property or assets; (15) To borrow money for any corporate purposes from any bank, banks, or other lending institutions and to execute evidences of such indebtedness and to secure the same; (16) To fix, alter, charge, and collect premiums from participating medical facilities and health care providers for insurance provided by or procured by the authority, such rates to be at least sufficient to provide for payment of all expenses of the authority, the conservation, maintenance, and operation of the authority on a sound actuarial basis, the payment of principal and interest on its notes, bonds, and other evidences of indebtedness or obligation, and to fulfill the terms and provisions of any agreement made with the purchasers and holders of any such notes, bonds, or other evidences of indebtedness or obligation; and (17) To do all things necessary or convenient to carry out the powers expressly given in this chapter. (b) No part of the revenues or assets of the authority may inure to the benefit of or be distributable to its members or officers or other private persons. Any net earnings of the authority beyond that necessary for retirement of authority indebtedness or to

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implement the public purposes of this chapter shall inure to the benefit of the state. Upon termination or dissolution, all rights and properties of the authority shall pass to and are vested in the state, subject to the rights of lienholders and other creditors.
31-46-25. (a) The executive director shall approve all accounts for salaries, allowable expenses, and expenses incidental to the operation of the authority. (b) The executive director shall manage the staff and employees of the authority under the direction and approval of the authority. (c) The executive director shall attend the meetings of the authority and shall maintain a record of the proceedings of the authority along with all books, documents, and papers filed with the authority, the minutes of the authority, and its official seal. The executive director may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.
31-46-26. (a) Without limiting the generality of any provisions of this chapter, the general purpose of the authority is declared to be that of providing or procuring insurance for public and private medical facilities and health care providers in this state. The authority may develop, market, finance, and maintain one or more programs of insurance for such medical facilities and health care providers as desire to participate in such programs, and the authority shall be authorized to do any and all things deemed by the authority to be necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertakings. (b) The authority and its activities shall not be subject to Title 33. The Commissioner of Insurance may, however, adopt and enforce rules, regulations, and standards to ensure the fiscal and actuarial soundness of the authority and its activities, and all records of the authority shall be open at any time to inspection by the Commissioner of Insurance or his or her authorized agents.
31-46-26.1. (a) In addition to the other powers and purposes of the authority, it shall develop and implement a program or programs of malpractice premium assistance grants for the purpose of assisting one or more targeted groups of health care providers in paying the costs of malpractice insurance. (b) The authority shall establish one or more separate accounts for the purpose of the program or programs of malpractice premium assistance grants, and funds in such account or accounts shall not be commingled with other funds of the authority. Such account or accounts may be funded through voluntary donations to the authority, funds appropriated or otherwise made available by the General Assembly, dedicated portions of premiums or other charges by the authority for insurance provided or made available

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by the authority, and other sources as determined by the authority or otherwise provided by law. (c) The authority may establish criteria for eligibility for grants in such manner as determined by the authority to be in the best interest of meeting the health care needs of the state and its citizens. Without limiting the generality of the foregoing, eligibility may be based on such factors as the type of professional license or certification held, speciality, location, and types of patients served. (d) The authority shall establish an advisory committee to assist the authority in planning, developing, and implementing the program or programs provided for in this Code section. Such advisory committee shall include one or more members appointed by the Governor, two or more members appointed by officers of the General Assembly, members representing health care professionals and health care organizations, one or more citizen members, and other members as deemed appropriate by the authority.
31-46-27. In developing programs of insurance for those medical facilities and health care providers that desire to participate in such programs, the authority may establish such eligibility standards and underwriting criteria for participation as the authority deems appropriate, including but not limited to: (1) requirements that participating medical facilities and health care providers assume a part or parts of any insured risks; and (2) contractual requirements for payment of premiums or assessments or both.
31-46-28. (a) All meetings of the authority shall be open to the public at all times. Ample notice shall be given to all members of the authority and to the public of any special or called meeting of the authority. The minutes of all meetings and all actions taken by the authority shall likewise be open to public inspection. (b) Each purchase made on behalf of the authority of personal property or services in excess of $20,000.00 shall be accomplished pursuant to competitive bids, after having published invitations to bid in one or more newspapers in general circulation in the state prior to the award of any contract. All bids shall be opened during meetings of the authority, and the rejection or acceptance thereof shall be entered upon the minutes of the authority. (c) Any surplus or unserviceable property of the authority shall be disposed of pursuant to competitive bids which shall be advertised in one or more newspapers in general circulation in the state. All bids for the disposal of such property shall be opened during public meetings of the authority, and the acceptance or rejection thereof shall be entered upon the minutes of the authority. (d) At the conclusion of each fiscal year of the authority, the affairs of the authority shall be audited by a certified public accounting firm and a report of such audit shall be submitted to the General Assembly for review.

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31-46-29. (a) Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, in any other business of the authority, or in any firm or corporation doing business with the authority shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which an authority member may be removed or an employee discharged or otherwise disciplined at the discretion of the authority. (b) Any contract or transaction of the authority involving a conflict of interest not disclosed under subsection (a) of this Code section or involving a violation of any other provision of law regulating conflicts of interest which is applicable to the authority or its members, officers, or employees shall be voidable by the authority.
31-46-30. The Attorney General shall provide legal services for the authority and Code Sections 45-15-13 through 45-15-16 shall apply with respect to such provision of legal services.
31-46-31. (a) The authority may issue bonds for the purposes of this chapter, including without limitation the provision of initial capital or reserves or both needed for the provision or procurement of insurance services by the authority. (b) The authority shall have the power to borrow money and to issue bonds, regardless of whether the interest payable by the authority incident to such loans or bonds or income derived by the holders of the evidence of such indebtedness or bonds is, for purposes of federal taxation, includable in the taxable income of the recipients of such payments or is otherwise not exempt from the imposition of such taxation on the recipient. (c) No bonds, notes, or other obligations of, and no indebtedness incurred by, the authority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies. (d) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and are a public purpose and the authority will be performing an essential government function in the exercise of the powers conferred upon it by this chapter. The state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by the authority or under the jurisdiction, control, possession, or supervision of the authority or upon the activities of the authority in the financing of the activities financed by the authority or upon any principal, interest, premium, fees, charges, or other income received by the authority and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the

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state. The exemption from taxation is declared to specifically extend to any subsidiary corporation created by the board of directors of the authority but shall not extend to tenants or lessees of the authority unless otherwise exempt from taxation. The exemption from taxation shall include exemptions from sales and use taxes on property purchased by the authority or for use by the authority. (e) The state does pledge to and agree with the holders of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the holders of bonds or in any way impair the rights and remedies of bondholders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agreement with bondholders.
31-46-32. (a) The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10, the 'Georgia Securities Act of 1973.' No notice, proceeding, or publication except those required in this chapter is necessary to the performance of any act authorized in this chapter; nor is any such act subject to referendum. (b) The authority shall fix such rates, fees, and charges for use of its services and facilities as is sufficient in the aggregate, when added to any other grants or funds available to the authority, to provide funds for the payment of the interest on and principal of all bonds payable from said revenues and to meet all other encumbrances upon such revenues as provided by any agreement executed by the authority in connection with the exercise of its powers under this chapter and for the payment of all operating costs and expenses which shall be incurred by the authority, including provisions for appropriate reserves. (c) The use and disposition of the authoritys revenue is subject to the provisions of the resolutions authorizing the issuance of any bonds payable therefrom or of the trust agreement or indenture, if any, securing the same. The authority may designate any of its bonds as general obligations or may limit the source of repayment pursuant to the resolution authorizing the issuance of the bonds. (d) The making of any loan commitment or loan, and the issuance, in anticipation of the collection of the revenues from such loan or loans, of bonds to provide funds therefor, may be authorized under this chapter by resolution of the authority. Unless otherwise provided therein, such resolution shall take effect immediately and need not be published or posted. The authority, in determining the amount of such bonds, may include all costs and estimated costs of the issuance of the bonds; all fiscal, legal, and trustee expenses; and all costs of the project. Such bonds may also be issued to pay off, refund, or refinance any outstanding bonds or other obligations of any nature, whether or not such bonds or other obligations are then subject to redemption; and the authority

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may provide for such arrangements as it may determine for the payment and security of the bonds being issued or for the payment and security of the bonds or other obligations to be paid off, refunded, or refinanced. (e) Bonds may be issued under this chapter in one or more series; may bear such date or dates; may mature at such time or times, not exceeding 40 years from their respective dates; may bear interest at such rate or rates, payable at such time or times; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form, either coupon or registered or book entry; may be issued in such specific amounts; may carry such registration, conversion, and exchangeability privileges; may be declared or become due before the maturity date thereof; may provide such call or redemption privileges; may have such rank or priority; may be the subject of a put or agreement to repurchase by the authority or others; may be resold by the authority, once acquired, without the acquisition being considered the extinguishment of the bonds; may be issued for a project or for more than one project, whether or not such project is identified at the time of bond issuance; and may contain such other terms, covenants, assignments, and conditions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. The authority may sell such bonds in such manner, at such price or prices, and on such terms and conditions as the authority determines. (f) The bonds must be signed by the chairperson or vice chairperson of the authority; the corporate seal of the authority must be impressed, imprinted, or otherwise reproduced on the bonds; and the bonds must be attested by the signature of the secretary or assistant secretary of the authority. The signatures of the officers of the authority and the seal of the authority on any bond issued by the authority may be facsimile if the instrument is authenticated or countersigned by a trustee other than the authority itself or an officer or employee of the authority. All bonds issued under authority of this chapter bearing signatures or facsimiles of signatures of officers of the authority in office on the date of the signing thereof are valid and binding, notwithstanding that before the delivery thereof and payment therefor such officers whose signatures appear thereon have ceased to be officers of the authority. Pending the preparation of the definitive bonds, interim certificates, in such form and with such provisions as the authority may determine, may be issued to the purchasers of bonds to be issued under this chapter. (g) The provisions of this chapter and of any bond resolution, indenture, or trust agreement entered into pursuant to this chapter are a contract with every holder of the bonds; and the duties of the authority under this chapter and under any such bond resolution, indenture, or trust agreement are enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity. (h) The authority may provide for the replacement of any bond which becomes mutilated, lost, or destroyed in the manner provided by the resolution, indenture, or trust agreement.

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(i) Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' the usury laws of this state, or any other laws of this state do not apply to bonds of the authority. (j) All bonds issued by the authority under this chapter shall be issued and shall be validated by the Superior Court of Fulton County, Georgia, under and in accordance with the procedures set forth in Code Sections 36-82-73 through 36-82-83, which comprise a portion of the 'Revenue Bond Law,' as now or hereafter in effect, except as provided in this chapter. Notes and other obligations of the authority may be, but are not required to be, so validated. (k) All bonds must bear a certificate of validation signed by the clerk of the Superior Court of Fulton County, Georgia. Such signature may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry is original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (l) The authority shall reimburse the district attorney for his or her actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation and confirmation shall be as follows for each bond, regardless of the denomination of such bond: $1.00 for each bond for the first 100 bonds; 25 for each of the next 400 bonds; and 10 for each bond over 500. (m) In lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General; the notice to the public of the time, place, and date of the validation hearing; and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and the petition and complaint or may state that, if the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which may be fixed or may fluctuate or otherwise change from time to time, so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (n) Prior to issuance, all bonds shall be subject to the approval of the Georgia State Financing and Investment Commission. (o) Any other law to the contrary notwithstanding, this chapter shall govern all civil claims, proceedings, and actions respecting debt of the authority evidenced by bonds.
31-46-33. The bonds authorized by this chapter are securities in which:
(1) All public officers and bodies of this state; (2) All local governments of this state; (3) All insurance companies and associations and other persons carrying on an insurance business;

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(4) All banks, bankers, trust companies, saving banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; (5) All administrators, guardians, executors, trustees, and other fiduciaries; and (6) All other persons whomsoever who are authorized to invest in bonds or other obligations of this state may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are also securities which may be deposited with and shall be received by all public officers and bodies of this state and local governments for any purpose for which deposit of the bonds or other obligations of this state is authorized.
31-46-34. (a) All or any part of the gross or net revenues and earnings derived from any particular loan or loans and any and all revenues and earnings received by the authority, regardless of whether such revenues and earnings were produced by a particular loan or loans for which bonds have been issued, may be pledged by the authority to the payment of the principal of and interest on bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any indenture or trust agreement pertaining to such bonds. (b) Such funds so pledged, from whatever source received, may include funds received from one or more of all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or indenture or trust agreement, which sinking funds may be pledged to and charged with the payment of:
(1) The interest on such bonds as such interest becomes due; (2) The principal of the bonds as the same mature; (3) The necessary charges of any trustee, paying agent, or registrar for such bonds; (4) Any premium on bonds retired on call or purchase; and (5) Reimbursement of a credit enhancement provider who has paid principal of or premium or interest on any bond. (c) The use and disposition of any sinking fund may be subject to regulations for which provision may be made in the resolution authorizing the issuance of the bonds or in the trust instrument or indenture securing the payment of the same.
31-46-35. (a) Any issue of bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee, which may be any trust company or bank having the power of a trust company inside or outside this state. Such trust agreement or indenture may pledge or assign all revenue, receipts, and earnings to be received by the authority from any source and any proceeds which may derive from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. (b) The resolution providing for the issuance of bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver on default in the

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payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rates, fees, and charges pertaining to any loan, any overdue principal and interest on any loan, any overdue principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority. (c) Such resolution, trust agreement, or indenture may include covenants setting forth the duties of the authority regarding the custody, safeguarding, and application of all funds of the authority, including any proceeds derived from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. In addition, such resolution, trust agreement, or indenture may include covenants providing for the operation, maintenance, repair, and insurance of any facility or capital improvements constructed or acquired with loan proceeds. (d) All expenses incurred in carrying out any trust agreement or indenture under this Code section may be treated as a part of the cost of financing and administering the loans that will be funded or acquired with the proceeds of the bonds governed by such trust agreement or indenture.
31-46-36. (a) All moneys received pursuant to the provisions of this chapter, whether as proceeds from the sale of bonds or other obligations, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The authority shall, in the resolution providing for the issuance of bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes expressed in this chapter, subject to such regulations as this chapter and such resolution or trust indenture may provide. (b) The authority may pledge for the payment of its bonds such assets, funds, and properties as the resolution providing for the issuance of its bonds may provide. Any such pledge made by the authority is valid and binding from the time when the pledge is made; the moneys or properties so pledged and thereafter received by the authority are immediately subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge is valid and binding as against all parties having claims of any kind against the authority, irrespective of whether such parties have notice thereof. No resolution or any other instrument by which a pledge is created need be recorded.
31-46-37. Any other provision of this article to the contrary notwithstanding, no debt, obligation, or liability of the authority shall be, become, or be construed to be a debt, obligation, or liability of the state or any political subdivision of the state.

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ARTICLE 3
31-46-50. As used in this article:
(1) The terms 'medical facility' and 'health care provider' have the meanings specified in Code Section 31-46-23. (2) The term 'medical malpractice action' means an action arising out of any alleged act or omission in the provision of health care services or assistance by a medical facility or health care provider.
31-46-51. (a) Notwithstanding the provisions of Code Section 51-2-5, no medical facility which complies with the notice provisions of subsection (b) of this Code section shall be vicariously liable for the acts or omissions of a health care provider unless there exists an actual employment relationship between the medical facility and the health care provider. (b) The medical facility shall post a notice in the form and manner described herein. Such notice shall:
(1) Be posted conspicuously in the medical facility lobby or a public area of the medical facility and in the admitting area of the medical facilitys emergency department, if any such area exists; (2) Contain print at least one inch high; and (3) Provide language substantially similar to the following:
'Some or all of the physicians and other health care providers performing services in this medical facility are independent contractors and are not medical facility employees. Independent contractors are responsible for their own actions, and the medical facility shall not be liable for the acts or omissions of any such independent contractors.' (c) The notice required in this Code section shall be sufficient if it meets the requirements of subsection (b) of this Code section even if the patient or the patients personal representative did not see the notice.
31-46-51.1. (a) As used in this Code section, the term: (1) 'Dedicated emergency department' means any department or facility of a hospital located on the main hospital campus that meets one of the following requirements: (A) It is held out to the public, by name, posted signs, advertising, or other means, as a place that provides care for emergency medical conditions on an urgent basis without requiring a previously scheduled appointment; or (B) During the calendar year immediately preceding the calendar year in which a determination under this Code section is being made, based upon a representative sample of patient visits that occurred during that calendar year, it provided at least

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one-third of all of its outpatient visits for the treatment of emergency medical conditions on an urgent basis without requiring a previously scheduled appointment. (2) 'Emergency medical condition' means: (A) A medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in:
(i) Placing the health of the individual, or, with respect to a pregnant woman, the health of the woman or her unborn child, in serious jeopardy; (ii) Serious impairment to bodily functions; or (iii) Serious dysfunction of any bodily organ or part; or (B) With respect to a pregnant woman who is having contractions: (i) That there is inadequate time to effect a safe transfer to another hospital before delivery; or (ii) That transfer may pose a threat to the health or safety of the woman or the unborn child. (3) 'Hospital' means a medical facility which has a valid permit or provisional permit issued by the Department of Human Resources under Chapter 7 of Title 31 and which operates a dedicated emergency department that provides care or assistance, including but not limited to emergency care, to individuals seeking medical treatment. Such term shall also include any employee of such hospital who provides care or assistance to such individuals within the scope of his or her employment, whether or not such person is a health care provider. (4) 'Noneconomic damages' means damages for physical and emotional pain, discomfort, anxiety, hardship, distress, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, injury to reputation, and all other nonpecuniary losses of any kind or nature. This term does not include past or future: (A) Medical expenses, including rehabilitation and therapy; (B) Wages; (C) Income; (D) Funeral and burial expenses; (E) The value of services performed by the injured in the absence of the injury or death; or (F) Other monetary expenses. (b) Without waiving or affecting and cumulative of any existing immunity from any source, unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct, no hospital or health care provider that renders care or assistance to an individual who comes to a dedicated emergency department for treatment of a medical condition, whether such care or assistance is rendered gratuitously or for a fee, shall be held liable for noneconomic damages to or for the benefit of any claimant arising out of any act or omission in rendering such care or assistance.

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(c) The limitation on liability provided in subsection (b) of this Code section shall not apply to any act or omission in rendering care or assistance:
(1) Unrelated to the original medical condition for which the individual sought care or assistance; (2) Which occurs more than 24 hours after the hospital or health care provider began rendering such care or assistance; or (3) To a pregnant woman in active labor who has previously received prenatal care from such hospital or health care provider for such pregnancy.
31-46-52. (a) If scientific, technical, or other specialized knowledge will assist the trier of fact in a medical malpractice action to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise, if:
(1) The testimony is based upon sufficient facts or data which have been admitted into evidence; (2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. (b) In medical malpractice actions, the opinions of an expert, who is otherwise qualified as to the standard of conduct of a health care provider whose conduct is at issue, shall be admissible only if, at the time the act or omission is alleged to have occurred, such expert: (1) Was licensed by an appropriate regulatory agency to practice his or her profession in the state in which such expert was practicing or teaching in the profession at such time; (2) Had actual professional knowledge and experience in the area of practice or specialty in which the opinion is to be given, including the diagnosis or treatment of the condition at issue, or the performance of the procedure or procedures at issue; and (3) Had been regularly engaged in:
(A) The active practice of such area of practice or specialty of his or her profession for at least half of his or her professional time during three of the last five years immediately preceding such time; (B) The teaching of such area of practice or specialty of his or her profession for at least half of his or her professional time as an employed member of the faculty of an educational institution which has been accredited in the teaching of his or her profession for at least three of the last five years immediately preceding such time; or (C) Any combination of the active practice or the teaching of his or her profession in a manner which meets the requirements of subparagraphs (A) and (B) of this paragraph for at least three of the last five years immediately preceding such time. (c) An expert meeting the requirements set forth in subsection (b) of this Code section shall not be deemed unqualified to testify solely by virtue of the fact the expert is in a

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different specialty from the health care provider whose conduct is at issue as long as such expert is licensed in the same profession as such health care provider. (d) The admissibility of proposed expert testimony under this Code section may be addressed before trial and the court may hold evidentiary or other hearing in connection with its disposition of such issues. (e) An affiant must meet the requirements of this Code section in order to be deemed qualified to testify as an expert by means of the affidavit required under Code Section 9-11-9.1. (f) Any expert in a medical malpractice action who testifies concerning whether a defendant complied with or deviated from the standard of care shall be subject to direct examination or cross-examination on the experts personal practices in the area of conduct at issue. (b) Where a medical malpractice action is brought against more than one person for injury to person or property and the plaintiff is to some degree responsible for the injury or damages claimed, the trier of fact, in its determination of the total amount of damages to be awarded, if any, may apportion its award of damages among the persons who are liable and whose degree of fault is greater than that of the injured party according to the degree of fault of each person. Damages, if apportioned by the trier of fact as provided in this Code section, shall be the liability of each person against whom such damages are awarded, shall not be a joint liability among the persons liable, and shall not be subject to any right of contribution. (c) In all medical malpractice cases where an action is brought against more than one person for injury to person or property and a trier of fact returns an award of damages against more than one person and that award of damages is a joint liability among the persons liable, any person against whom the award was returned shall have the right to request that the trier of fact undertake a postverdict apportionment of damages among all persons found liable. Such a postverdict apportionment of damages shall determine the responsibility of each person held liable for the total award for purposes of contribution under paragraph (d) of this Code section. When this procedure is invoked, the trial court shall have discretion to permit the presentation of additional argument or evidence to the trier of fact on the question of apportionment of damages. (d) If a judgment in a medical malpractice case is entered jointly against several persons and is paid off by one of them, the others shall be liable to such person for contribution for their respective pro rata shares of the judgment unless the trier of fact makes a postverdict apportionment of damages under subsection (c) of this Code section in which case the liability of the persons to one another under this Code section shall be determined by the postverdict apportionment of damages. (e) Notwithstanding the provisions of this Code section and any other provisions of law which might be construed to the contrary, the plaintiff shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed. (f) This Code section shall not affect venue provisions regarding joint actions.

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(g) With respect to medical malpractice actions, this Code section shall control over any conflicting provisions of Title 51 or any other law.
ARTICLE 4 31-46-70. (a) A person professing to practice surgery or the administering of medicine for compensation must bring to the exercise of his or her profession a reasonable degree of care and skill. The degree of care and skill required of a physician in an emergency room setting shall be that degree of care and skill ordinarily employed by the profession generally under similar conditions and like surrounding circumstances. Any injury resulting from a want of such care and skill shall be a tort for which a recovery may be had. (b) In deciding whether a physician met the standard of care and skill of his or her profession when treating a patient in an emergency room setting, a jury or other trier of fact shall consider all relevant circumstances that the physician faced when treating the patient, including, but not limited to, whether any emergency circumstances were involved with the patients condition; whether the physician had access to the patients relevant medical history; the number of patients seeking care; and whether there was a physician-patient relationship between the physician and the patient predating the care at issue.
ARTICLE 4 31-46-70. Any domestic, foreign, or alien insurer that is authorized to write medical malpractice insurance in this state must file with the Commissioner any rate, rating plan, rating system, or underwriting rule for such insurance. No such rate, rating plan, rating system, or underwriting rule will become effective, nor may any premium be collected by any insurer thereunder, unless the filing has been received by the Commissioner in his or her office and such filing has been approved by the Commissioner within 45 days from the date such filing was received by the Commissioner. The Commissioner shall be authorized to extend such 45 day period by no more than 55 days at his or her discretion. The Commissioner shall either approve or disapprove the filing on or before the conclusion of such period. If a filing is disapproved, notice of such disapproval order shall be given within 100 days of receipt of filing by the Commissioner, specifying in what respects such filing fails to meet the requirements of this chapter. The filer shall be given a hearing upon written request made within 30 days after the issuance of the disapproval order, and such hearing shall commence within 30 days after such request unless postponed by mutual consent. Such hearing, once commenced, may be postponed or recessed by the Commissioner only for weekends, holidays, or after normal working hours or at any time by mutual consent of all parties to the hearing. The Commissioner may also, at his or her discretion, recess any hearing for not more than two recess periods of up to 15 consecutive days each. In connection with any hearing or judicial review with respect to the approval or disapproval of such rates, the burden of persuasion shall

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fall upon the affected insurer or insurers to establish that the challenged rates are adequate, not excessive, and not unfairly discriminatory. After such a hearing, the Commissioner must affirm, modify, or reverse his or her previous action within the time period provided in subsection (a) of Code Section 33-2-23 relative to orders of the Commissioner. The requirement of approval or disapproval of a rate filing by the Commissioner under this subsection shall not prohibit actions by the Commissioner regarding compliance of such rate filing with the requirements of Code Section 33-9-4 brought after such approval or disapproval.
ARTICLE 4 31-46-70. (a) In any medical malpractice case, the trier of fact shall first resolve from the evidence produced at trial the question of liability. This finding shall be made specially through an appropriate form of verdict, along with the other required findings. (b) If the trier of fact determines that a party is liable to another party under the evidence produced at trial, the trial shall immediately be recommenced in order to receive such evidence as is relevant to a decision regarding what amount of compensatory damages, if any, will be sufficient to compensate the injured party in light of the circumstances of the case. It shall then be the duty of the trier of fact to set the amount to be awarded. (c) Prior to beginning deliberations on the amount of compensatory damages to be awarded, the trial court shall advise the jury as to the range of awards for noneconomic damages for injuries factually comparable to the injuries claimed to have been suffered by the injured party that have been rendered in the judicial circuit in which the trial is being held or in similar judicial circuits in the state. (d) If a jury awards as a part of compensatory damages noneconomic damages that exceed the range of awards for noneconomic damages for injuries factually comparable to the injuries claimed to have been suffered by the injured party that have been rendered in the judicial circuit in which the trial is being held or in similar judicial circuits in the state by 25 percent or more, the trial court shall review such award and determine if such award is clearly so excessive as to be inconsistent with the preponderance of the evidence. If the court finds that the award is excessive, the trial court shall order a new trial as to damages only, as to any or all parties, or may condition the grant of such a new trial upon any partys refusal to accept an amount of noneconomic damages determined by the trial court to be appropriate and not excessive under the evidence produced at trial.
31-46-54 (a) In all medical malpractice actions, the judge to whom the civil action is assigned shall refer the action to mediation within 14 days of the last responsive pleading being filed. Prior to the court referring the action to mediation, the parties may agree to a private mediation and shall advise the court of the agreement by a consent order specifying the terms and details of the mediation. If the parties do not agree to a private mediation, the court shall refer the case to mediation as is available or otherwise in accordance with the Georgia Supreme Courts Uniform Rule for Alternative Dispute Resolution Programs.

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(b) The private or court referred mediation shall occur no sooner than 60 days but not more than 90 days after the order for mediation is entered. (c) If the mediation does not result in a settlement of the civil action, the defendant or defendants last settlement offer shall be memorialized as an offer of settlement in accordance with the provisions of Code Section 31-46-55.
31-46-55. (a) At any time more than ten days before the trial of a medical malpractice action begins, a party may serve upon the adverse party, by registered or certified mail or statutory overnight delivery, an offer for judgment for the money or property or to the effect specified in the offer, with costs then accrued. If within ten days after the service of the offer the adverse party serves written notice by registered or certified mail or statutory overnight delivery that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service of the offer and acceptance and the clerk shall enter judgment. An offer not accepted shall be deemed withdrawn and evidence of the offer shall not be admissible except in a proceeding to determine costs. If the judgment finally obtained by the offeree is not more favorable than the offer, the offeree shall pay the costs incurred after the making of the offer. The fact that an offer is made but not accepted does not preclude a subsequent offer. When the liability of one party to another has been determined by verdict, order, or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served within a reasonable time not less than ten days prior to the commencement of hearings to determine the amount or extent of liability. (b) For purposes of this Code section, costs shall include attorneys fees and expenses of litigation. (c) The procedure available pursuant to this Code section shall not affect a claimants rights pursuant to Code Section 51-12-14, the 'Unliquidated Damages Interest Act'."
SECTION 1.1. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by striking Code Section 51-12-31, relating to recovery against joint trespassers, and Code Section 51-12-33, relating to apportionment of damages, and inserting in their respective places new Code Sections to read as follows:

"51-12-31. Except as provided in Code Section 51-12-33, where an action is brought jointly against several trespassers tort-feasors, the plaintiff may recover damages for the greatest injury done an injury caused by any of the defendants against all of them only the defendant or defendants liable for the injury pursuant to subsection (b) of Code Section 51-12-33. In its verdict, the jury may specify the particular damages to be recovered of each defendant. Judgment in such a case must be entered severally."

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"51-12-33. (a) Where an action is brought against more than one person for injury to person or property and the plaintiff is himself to some degree responsible for the injury or damages claimed, the trier of fact, in its determination of the total amount of damages to be awarded, if any, may apportion its award of damages among the persons who are liable and whose degree of fault is greater than that of the injured party according to the degree of fault of each person. Damages, if apportioned by the trier of fact as provided in this Code section, shall be the liability of each person against whom they are awarded, shall not be a joint liability among the persons liable, and shall not be subject to any right of contribution. Where an action is brought against one or more persons for injury to person or property and the plaintiff is to some degree responsible for the injury or damages claimed, the trier of fact, in its determination of the total amount of damages to be awarded, if any, shall determine the percentage of negligence of the plaintiff and shall reduce the amount of damages otherwise awarded to the plaintiff in proportion to his or her negligence compared with that of the person or persons liable for the injury or damages claimed. (b) Subsection (a) of this Code section shall not affect venue provisions regarding joint actions. Where an action is brought against more than one person for injury to person or property, the trier of fact, in its determination of the total amount of damages to be awarded, if any, shall after a reduction of damages pursuant to subsection (a) of this Code section, if any, apportion its award of damages among the persons who are liable according to the degree of fault of each person. Damages apportioned by the trier of fact as provided in this Code section shall be the liability of each person against whom they are awarded, shall not be a joint liability among the persons liable, and shall not be subject to any right of contribution. (c) This Code section shall apply only to causes of action arising on or after July 1, 1987. Notwithstanding the provisions of this Code section and any other provisions of law which might be construed to the contrary, the plaintiff shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed. (d) This Code section shall not affect venue provisions regarding joint actions."
SECTION 1.2. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking Code Section 9-10-31, relating to actions against certain codefendants residing in different counties, and inserting in lieu thereof the following:
"9-10-31. (a) The General Assembly finds that Paragraph IV of Section 2 of Article VI of the Georgia Constitution permits a trial and entry of judgment against a resident of Georgia in a county other than the county of the defendants residence only if the Georgia resident defendant is a joint obligor, joint tort-feasor, joint promisor, copartner, or joint

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trespasser and therefore this Code section shall apply to all pending actions filed on or after July 1, 1999. (b) Joint or joint and several tort-feasors, obligors, or promisors, or joint contractors or copartners, residing in different counties, may be subject to an action as such in the same action in any county in which one or more of the defendants reside. If, however, the court determines prior to the commencement of trial that: who are joint or joint and several tort-feasors, obligors, or promisors, or joint contractors or copartners reside.
(1) The plaintiff has brought the action in bad faith against all defendants residing in the county in which the action is brought; or (2) As a matter of law, no defendant residing in the county in which the action is brought is a proper party, the action shall be transferred to the county and court which the plaintiff elects in which venue is proper. The burden of proof on the issue of venue shall be on the party claiming improper venue by a preponderance of evidence. (b)(c) If all defendants who reside in the county in which an action is pending are discharged from liability before the commencement of trial or upon the return of a verdict by the jury or the court hearing the case without a jury, a nonresident defendant may require that the case be transferred to a county and court in which venue would otherwise be proper. If venue would be proper in more than one county, the plaintiff may elect from among the counties in which venue is proper the county and the court in which the action shall proceed. (c) If all defendants who reside in the county in which the action is pending are discharged from liability after the commencement of trial, the case may be transferred to a county and court in which venue would otherwise lie only if all parties consent to such transfer. (d) For purposes of this Code section, trial shall be deemed to have commenced upon the jury being sworn or, in the instance of a trial without a jury, upon the first witness being sworn. (e)(d) Nothing in this Code section shall be deemed to alter or amend the pleading requirements of Chapter 11 of this title relating to the filing of complaints or answers. (f) This Code section shall apply to actions filed on or after July 1, 1999."
SECTION 2. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking subsection (b) of Code Section 9-11-9.1, relating to the required filing of affidavits in professional malpractice actions, and inserting in its place a new subsection to read as follows:
"(b) The contemporaneous filing requirement of subsection (a) of this Code section shall not apply to any case in which the period of limitation will expire or there is a good faith basis to believe it will expire on any claim stated in the complaint within ten days of the date of filing and, because of such time constraints, the plaintiff has alleged that an affidavit of an expert could not be prepared. In such cases, the plaintiff shall have 45 60 days after the filing of the complaint to supplement the pleadings with the affidavit. The trial court may, on motion, after hearing and for good cause extend such

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time as it shall determine justice requires. If an affidavit is not filed within the period specified in this subsection or as extended by the trial court and the defendant against whom an affidavit should have been filed alleges, by motion to dismiss filed contemporaneously with its initial responsive pleading that the plaintiff has failed to file the requisite affidavit, the complaint is subject to dismissal for failure to state a claim. Notwithstanding the provisions of this Code section and any other provisions of law which might be construed to the contrary, in the event the affidavit is filed pursuant to this subsection, a defendant shall not be required to serve his or her answer until 30 days after the service of such affidavit upon him or her."
SECTION 3. (a)This Act shall become effective July 1, 2004. The provisions of Article 3 of Chapter 46 of Title 31 of the Official Code of Georgia Annotated, as enacted by this Act, shall apply only to causes of action arising on or after July 1, 2004. (b) Section 1.1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Powell of the 23rd moved that the House disagree to the Senate substitute to HB 1028.

On the motion, the roll call was ordered and the vote was as follows:

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

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas E Drenner
Dukes E Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D

Y 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
Jordan Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord

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

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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson

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Y Bunn Y Burkhalter Y Burmeister Y Butler E Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan E Coleman, B Y Cooper Y Crawford Y Cummings

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Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K
Heath E Heckstall
Hembree Henson Y Hill, C

Y Lucas Lunsford
Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee E McCall Y McClinton Y Millar Y Mills

Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L
Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 157, nays 0. The motion prevailed.

Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, APRIL 1, 2004

Mr. Speaker and Members of the House:

Your Committee on Rules has met and submits the following supplemental to the calendar already adopted this April 01, 2004, by adding the following:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

SR 184

Designate; Burke (County) Veterans Parkway to honor military veterans

DEBATE CALENDAR

HR 1569
SB 148 SB 431
SB 461

Metropolitan Atlanta area criminal gang policy and review committee; urge creation Juvenile proceedings; deprived children; order of disposition; time period Annual reports, budgets, audits; available to General Assembly; notification Motor Vehicles; certificate of registration/title; change certain provisions

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SB 502 SB 514 SB 516 SB 525

Controlled substances; regulate opioid treatment; dangerous drug; change prov. General obligation bonds; authorize issuance bearing interest at variable rate Ga. Community Streetcar Development/Revitalization; streetcar transportation Motor Vehicles; removal of vehicles in traffic accidents from all public roads

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the House and Senate were taken up for consideration and read the third time:

SB 525. By Senators Levetan of the 40th, Collins of the 6th, Williams of the 19th, Reed of the 35th, Stokes of the 43rd and others:
A BILL to be entitled an Act to amend Code Section 40-6-275 of the Official Code of Georgia Annotated, relating to the removal of vehicles involved in traffic accidents from the main traveled way of expressways and multilane highways, so as to provide that such vehicles shall be removed from the traveled way of all public roads; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard

Y Mitchell Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley

Y Sholar Sims
Y Sinkfield Y Skipper Y Smith, B Y Smith, L

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

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

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

Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C
Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M
Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson 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, the ayes were 158, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HR 1569. By Representatives Bannister of the 70th, Post 1, Dodson of the 84th, Post 1, Millar of the 52nd, Parsons of the 29th, Holmes of the 48th, Post 1 and others:
A RESOLUTION urging the creation of a coordinated, multijurisdictional approach to law enforcement issues relating to criminal gangs in the metropolitan Atlanta area; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

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On the adoption of the Resolution, 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
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks
Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn
Burkhalter Y Burmeister Y Butler E Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan E Coleman, B Y Cooper Y Crawford Y Cummings

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

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
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning N Marin Y Martin E Massey Y Maxwell Y McBee E McCall Y McClinton Y Millar Y Mills

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

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

On the adoption of the Resolution, the ayes were 156, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Marin of the 66th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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JOURNAL OF THE HOUSE

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1190. By Representatives O`Neal of the 117th, Coleman of the 65th, Burkhalter of the 36th and Golick of the 34th, Post 3:
A BILL to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for the revision of certain provisions regarding education flexibility and accountability; to change certain provisions regarding school councils; to change certain provisions regarding early intervention programs; to change certain provisions regarding budgeting, funding, and accounting; to change certain provisions regarding program weights; to change certain provisions regarding effectiveness assessment; to amend the Official Code of Georgia Annotated, so as to change the name "Office of Education Accountability" to "Office of Student Achievement"; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for the revision of certain provisions regarding education flexibility and accountability; to allow the State Board of Education to prescribe the manner and grade level for certain required courses in history and government; to authorize alternative methods for certain transfer students; to provide for rules and regulations; to authorize certain exemptions; to change certain provisions regarding early intervention programs; to change certain provisions regarding budgeting, funding, and accounting; to change certain provisions regarding program weights; to authorize waiver of certain provisions in order to improve student performance in specified circumstances; to provide for contents of the application for waiver; to provide for maximum duration of a waiver; to change certain provisions regarding effectiveness assessment; to change certain provisions regarding organization of schools; to delete a provision prohibiting the identification by name of any student in records stored at the state level; to prohibit identifying students and employees by social security number in violation of law; to provide for a daily break for certain students; to provide that such break shall be considered academic instruction but not a part of the Quality Core Curriculum; to provide that the break shall not be a replacement for physical education; to provide for policies of local boards; to change penalties for failure to comply with compulsory attendance requirements; to provide for written summaries of penalties and consequences of failure to comply with compulsory

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attendance requirements; to provide for student attendance protocols and their contents, purpose, and dissemination; to provide for student attendance protocol committees and their membership and duties; to provide for designation of school employees as attendance officers; to change the authority of attendance officers; to require school principals to support the authority of teachers to remove certain students from a classroom; to revise the definition of "disciplinary orders" to include those from private schools and out-of-state schools; to provide for additional requirements for student codes of conduct; to provide that prohibited activities apply to school buses; to provide for provisions in student codes of conduct for off-campus behavior by a student; to eliminate the requirement that local boards of education submit a copy of their student codes of conduct to the State Board of Education; to provide that local board policies require local school superintendents to support the authority of principals and teachers to remove certain students from a classroom; to change certain provisions relating to suspending students for committing acts of physical violence to conform to other Code sections; to revise certain provisions relating to disciplinary hearings by a disciplinary hearing officer, panel, or tribunal; to require that all disciplinary hearings be held within a certain time after the beginning of a students suspension; to provide for notice to any teacher who is called as a witness for a disciplinary hearing; to delete certain provisions relating to disciplinary actions for children in kindergarten through grade five; to change certain provisions regarding legislative intent with respect to charter schools; to change certain provisions regarding petitions to establish charter schools; to revise provisions relating to petitions for charter schools and funding of charter schools; to provide for revised petitions that address deficiencies cited in the denial; to allow a petitioner seeking to create a start-up charter school to submit the petition to a local board or the state board; to change certain provisions regarding operation, control, and management requirements for charter schools; to provide for governance of charter schools; to provide for qualifications for members of governing boards; to provide a per pupil minimum for funding; to provide for negotiation; to provide for definitions relative to charter schools; to provide for payment for the charter schools portion of administrative costs; to provide for payment of funds to charter schools; to provide for allocation of state categorical program funds and federal funds; to require transportation; to provide for contracts for administrative and educational services; to provide for participation in bulk purchasing programs; to provide for a facilities fund; to provide for procedures relating to such fund; to provide for reversion of certain funds, property, and equipment; to provide for the terms of use by charter schools of certain surplus or unused property of local boards; to authorize the creation and operation of the Special K-12 Distance Learning School; to provide a definition relative to distance learning schools; to provide for authority; to provide for the scope and funding of the school; to authorize contracts; to provide for rules and regulations; to provide for the applicability of reporting and accountability provisions; to provide for certificated teachers; to change certain provisions regarding the powers and duties of the Office of Education Accountability; to provide for changes to the accountability assessment; to amend the Official Code of Georgia Annotated so as to change the name "Office of Education Accountability" to "Office of Student

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Achievement"; to amend Code Section 40-5-22, relating to persons not to be issued a drivers license, school attendance requirements, and driving training requirements, so as to eliminate permission of a students parent or guardian as exceptions to the school attendance requirements to obtain a drivers license; to provide for an additional exception for a minor pursuing a general educational development diploma; to provide for additional offenses to prohibit a suspended student from maintaining a drivers license; to provide conditions for reinstatement of drivers licenses and permits for suspended students; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Code Section 20-2-142, relating to prescribed courses, by striking subsection (a) and inserting in lieu thereof the following:
"(a)(1) All elementary and secondary schools which receive in any manner funds from the state shall provide the following course offerings in the manner and at the grade level prescribed by the State Board of Education in its quality core curriculum:
(A) A course of study in the background, history, and development of the federal and state governments. The course in the study of federal and state governments shall be supplemented in each high school by and a study of the local Georgia county and municipal governments; and (B) A course of study in the history of the United States and in the history of Georgia and in the essentials of the United States and Georgia Constitutions, including the study of American institutions and ideals. (2) No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the courses in history and government provided for by this subsection, except as provided in paragraph paragraphs (3) and (4) of this subsection. For students moving to Georgia and unable to take the course or courses available to fulfill these requirements in the grade level in which such course or courses are ordinarily offered, the State Board of Education may develop alternative methods, which may include but shall not be limited to an online course of study, for such students to learn about and demonstrate an adequate understanding of federal or Georgia history and government. (3) Disabled students who are otherwise eligible for a special education diploma pursuant to subsection (c) of Code Section 20-2-281 shall not be denied this diploma if they have not successfully completed either or both of these courses; provided, however, that their Individualized Education Programs have not specified that the disabled students must enroll in and successfully complete both of these courses. (4) The State Board of Education shall promulgate rules and regulations governing the required course of study in the history of Georgia and in the essentials of the Georgia Constitution for students who transfer from another state after having

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completed the year in which such course or courses are ordinarily offered. The State Board of Education is authorized to provide for exemptions to the required course of study for such students."
SECTION 2. Said title is further amended by striking Code Section 20-2-153, relating to early intervention programs, and inserting in its place a new Code Section 20-2-153 to read as follows:
"20-2-153. (a) The State Board of Education shall create and each local board of education shall provide an early intervention program to serve students in kindergarten through grade five. The kindergarten early intervention program shall serve students enrolled in kindergarten. The primary grades early intervention program shall serve students enrolled in grades one through three. The upper elementary grades early intervention program shall serve students in grades four through five. (b) The early intervention program shall serve students who are at risk of not reaching or maintaining academic grade level, including but not limited to students who are identified through the first grade readiness assessment required by Code Sections 20-2151 and 20-2-281 and students with identified academic performance below grade levels defined by the Office of Education Accountability Student Achievement in Code Section 20-14-31 for any criterion-referenced assessment administered in accordance with Code Section 20-2-281 for grades one through five. Local school systems shall devise a process for the identification of such students at the beginning of each school year and also during the school year as a continuous process of early identification and monitoring. School systems may use indicators such as but not limited to the students scores on previous assessments, the students classroom performance in the same or previous years, and other reliable indicators to identify such students. A student shall be assigned to the early intervention program as soon as is practicable after the student is identified as at risk or after the results of the first-grade readiness assessment, or the criterion-referenced assessment, or other indicators are known. The school shall provide timely notice and an opportunity for a conference with the student and his or her parents or guardians to discuss the students academic performance and the role of the early intervention program. (c) The State Board of Education shall describe by rules and regulations such additional services, resources, support, or strategies as may be provided by the local school system. The specifications for delivery of early intervention services shall be the responsibility of local boards of education except that the program rules and regulations adopted by the State Board of Education shall be followed in designing the program delivery models. Delivery models may include, but are not limited to, class augmentation, pull-out or self-contained classes, and the Reading Recovery Program delivered by certificated personnel. (d) The early intervention program shall be designed with the intent of helping the student to perform at expectations and exit the program in the shortest possible time.

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Students shall be moved into this program, provided assistance, and moved out of this program upon reaching grade level performance. It is not the intent of the General Assembly that students be assigned to this program on a continuing or permanent basis. In developing accountability standards for schools, the Office of Education Accountability shall consider the length of time that students spend in the early intervention program as one of the determinants of performing and nonperforming schools. (e) Funding for the early intervention program shall have a full-time equivalent teacher-student ratio of one teacher to 11 students. (f) Each local school system shall annually report the number of students served in the early intervention program as part of the full-time equivalent program count conducted pursuant to Code Section 20-2-160."
SECTION 3. Said title is further amended by striking Code Section 20-2-167, relating to funding, budgeting, and accounting, and inserting in its place a new Code Section 20-2-167 to read as follows:
"20-2-167. (a)(1) The State Board of Education shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed for direct instructional costs for each program identified in Code Section 20-2-161, specifying the number of positions earned and salaries and operational costs portions. 'Direct instructional costs' is defined as those components of the program weights which are specified in subsections (a) through (g) of Code Section 20-2-182. In computing the total funds needed for direct instructional costs for each program, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. The direct instructional costs for the five instructional programs for disabled students shall be summed into one amount for special education. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system and each school reflecting the total amount of earnings, initial earnings, and midterm adjustment, if any, for each program authorized by Code Section 20-2161. For each such program, each local school system shall spend a minimum of 90 percent of funds designated for direct instructional costs on the direct instructional costs of such program at the school site in which the funds were earned, except that funds earned for special education programs shall be summed for the purposes of this expenditure control. For the purposes of this expenditure control, funds earned for counselors and technology specialists shall each be summed to the school level. Only the state salary amounts resulting from the amount earned on the state-wide salary schedule as approved by the State Board of Education pursuant to Code Section 20-2212 plus associated benefits funded by the state and the salaries and any state earned benefits or comparable state earned benefits of technology specialists and classroom aides may be applied to the salary cost components for the purpose of meeting this expenditure control. Except as otherwise provided by law or rule and regulation of

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the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional material or equipment, or any other appropriate direct instructional expense; provided, however, that 100 percent of funds earned for direct instructional salaries shall be expended for salaries of direct instructional personnel and classroom aides. The total number of positions earned for direct instruction as specified in Code Section 20-2-182, adjusted for maximum class size, shall be employed for the delivery of services for which the funds were earned. This position control shall be for the kindergarten program, the kindergarten early intervention program, the primary grades program, and the primary grades early intervention program combined and the combined total for all other programs; provided, however, that positions earned for art, music, foreign language, and physical education, technology specialists, and counselors shall be totaled for all programs. Fractional amounts may be combined and used for any direct instructional position. Funds earned for any fractional amounts may be used for any direct instructional expense. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for the direct instructional costs of an instructional program specified by Code Section 20-2-161 which are not expended for direct instructional costs must be returned to the state treasury instruction shall be expended for direct instruction at the system level; and provided, further, that 100 percent of direct instructional funds for the kindergarten early intervention program, the primary grades early intervention program, and the upper elementary grades early intervention program shall be expended on one or more of these programs at the system level, with no requirement that the school system spend any specific portion of such funds at the site where such funds were earned. Only the state salary amounts resulting from the amount earned on the state-wide salary schedule as approved by the State Board of Education pursuant to Code Section 20-2-212 plus associated benefits funded by the state and the salaries and any state earned benefits or comparable state earned benefits of technology specialists and classroom aides may be applied to the salary cost components for the purpose of meeting this expenditure control. In the event any local school system should fail to expend funds earned for direct instruction on direct instructional costs, the state board shall increase the local five mill share for an ensuing year by the difference. (2) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for media center costs, specifying the salaries and materials cost portions. In computing the total funds needed for media center costs, the state board shall apply the percentage that these costs represent of the total costs used in developing program weights. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system and each school reflecting the total amount of earnings, initial earnings, and midterm adjustment, if any, for each program authorized by Code Section 20-2-161. Each local school system shall spend 100 percent of the funds designated for media center costs for such costs, and a minimum of 90 percent of such funds shall be spent at the school site in which such funds were earned.

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(3) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for staff development costs. In computing the total funds needed for these categories, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system and each school reflecting the total amount, initial earnings, and midterm adjustment, if any, of earnings for each program specified in subsection (b) of Code Section 20-2-161. Each local school system shall spend 100 a minimum of 90 percent of the funds designated for staff and professional development costs, as allowed by State Board of Education policy, for such costs at the system level. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, these amounts shall be increased by the portion of the midterm adjustment allotment which is applied to staff development. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation and it elects to return a portion of its allocation for staff development and professional development costs to the state, the 100 percent amount for staff development shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for staff development and professional development of certificated and instructional personnel which are not expended for this purpose may be expended only for staff development of noncertificated personnel employed by the local school system and the members of the local school board, for meeting certification requirements of personnel, and for administration and operation of the staff development and professional development programs authorized pursuant to subsection (h) of Code Section 20-2-182. (4) All funds earned pursuant to this article may be expended only for the operation of educational programs and services explicitly authorized under this article. (5) The budget of each local school system shall reflect all anticipated revenues from each source. The budget of each local school system shall designate all of such anticipated revenues among the several funds or accounts of the system and shall not leave any anticipated revenues undesignated. Except as otherwise provided in this paragraph, all amounts allocated to each fund or account and any existing balance in each fund or account shall be intended for expenditure within the budget year for the purposes of that fund or account. There shall be no fund or account in the nature of a 'surplus' or 'unobligated surplus' fund or account. Each local school system may, however, establish a single reserve fund or reserve account intended to cover unanticipated deficiencies in revenue or unanticipated expenditures, provided that the budget for any year shall not allocate to such reserve fund or reserve account any amounts which, when combined with the existing balance in such fund or account, exceed 15 percent of that years total budget. A local school system may also establish one or more capital accumulation funds or accounts, and amounts may be allocated to such capital accumulation funds or accounts for expenditure in future

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budget years only if the purpose for which such amounts will be expended and the anticipated date of expenditure of such amounts are clearly and specifically identified. The purpose of this paragraph is to prohibit local school systems from accumulating surplus funds through taxation without accounting to the taxpayers for how such funds will be expended, and this paragraph shall be liberally construed to accomplish this purpose. (b)(1) The State Board of Education shall establish a computerized uniform budget and accounting system as a component of the state-wide comprehensive educational information system established pursuant to Code Section 20-2-320 and shall establish uniform regulations to be implemented by local units of administration. The computerized uniform budget and accounting system shall conform to generally accepted governmental accounting principles which shall include, but not be limited to, the following costing information:
(A) Instructional program involved; (B) Whether basic education or enrichment in purpose; (C) Fund source or sources; and (D) Major program components such as instructional personnel, instructional operations, facility maintenance and operation, media center operation, school administration, system administration, staff development, or professional development. (2) The state board shall prescribe information that must be submitted to the state board and the time it must be submitted. In determining the information needed and the time for submission, the state board shall take into consideration the information and times identified by the Office of Education Accountability as necessary to the necessary for implementation of the accountability program provided for in Part 3 of Article 2 of Chapter 14 of this title. The state board is authorized to establish a financial review section for the limited purpose of reviewing financial records and accounting of local governing boards and assisting local units of administration in training personnel in financial and budgetary accounting. (c) The State Board of Education is authorized to prescribe a date by which each local unit of administration must submit a budget to the state board. The regulations developed by the state board must make adequate provision for local review and modification prior to local approval and submittal to the State School Superintendent. The State School Superintendent shall provide for the examination and preparation of a written report on the budget of each local unit and submit a copy to the state board and to the respective local unit of administration. The state board shall either accept or reject the budget of a local unit. (d) The standards set forth in this article shall be construed as setting out a basic plan for the direction of the State Board of Education in planning a program and presenting proposals to the Governor and to the General Assembly. Nothing in this article shall be construed as amending or modifying in any way Part 1 of Article 4 of Chapter 12 of Title 45, known as the 'Budget Act.' The state board shall, in all of its programs involving allocation or expenditure of funds, be governed and controlled by Part 1 of

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Article 4 of Chapter 12 of Title 45 and all other laws of general application pertaining to the handling and expenditure of state funds, none of which are is amended, modified, or repealed by this article unless specifically so provided in this article."
SECTION 4. Said title is further amended by striking subsection (i) of Code Section 20-2-182, relating to program weights, and inserting in lieu thereof the following: "(i) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article and the middle school program provided for in Code Section 20-2-290 the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or greater than the teacher-student ratios used in the calculation of the program weights as set forth in subsection (b) of Code Section 20-2-161 but shall not exceed the funding class size by more than 20 percent, unless specifically authorized by the State Board of Education; provided, however, that in no case shall the 20 percent maximum be exceeded for mathematics, science, social studies, or English classes; provided, further, that the The State Board of Education shall provide for a system average maximum class size that shall not exceed the funding class size by more than 20 percent for mathematics, science, social studies, or language arts classes, unless specifically authorized by the State Board of Education. The system average maximum class size for kindergarten and grades one through three shall not exceed 20 percent over the funding ratio except for art, music, or physical education classes; provided, further, that the system average maximum class size for special education, gifted, and English for speakers of other languages classes shall be set by the State Board of Education. For each instructional program, the maximum number of students who may be taught by a teacher in an instructional period shall not exceed the system average maximum class size for the program by more than two students; provided, however, that a system average maximum class size which results in a fractional full-time equivalent shall be rounded up to the nearest whole number. For a period not to exceed four five years, beginning with the 2000-2001 school year, local school systems shall be allowed to exceed the maximum class sizes set forth in this subsection in a manner consistent with State Board of Education rules and subsection (k) of this Code section. The State Board of Education shall lower the current maximum class sizes set by state board rules in effect for the 1999-2000 school year, beginning with the 2000-2001 school year, by a proportional amount each school year an amount so that, beginning with the 2003-2004 2005-2006 school year, State Board of Education rules are in compliance with this subsection except as otherwise provided in subsection (k) of this Code section for the 2003-2004 school year only. An aide may be used in programs to increase class size as allowed by State Board of Education rule and subsection (k) of this Code section, except that, beginning with the 2005-2006 school year, an aide shall not be used to increase the maximum class size in kindergarten or grades one through three, except as otherwise provided in subsection (k) of this Code section for the 2003-2004 school year only. The maximum class size for the kindergarten and primary grades programs is defined as the number of students in a physical classroom. Maximum class

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sizes that result in a fractional full-time equivalent shall be rounded up to the nearest whole number as needed. The middle school program shall use the teacher-student ratio of the middle grades program for the purpose of this subsection. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request. The state board shall not reduce class sizes without the authorization of the General Assembly if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems programs as determined by the local boards of education."
SECTION 5. Said title is further amended by inserting the following:
"20-2-244. (a) The State Board of Education is authorized to waive specifically identified state rules, regulations, policies, and procedures, or provisions of this chapter, upon the request of a local school board and in accordance with this Code section. The goal for each waiver shall be improvement of student performance. (b) The State Board of Education is not authorized to waive any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title. A school or school system that has received a waiver shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request. (c) The provisions of this Code section shall not apply to charter schools. (d) The board shall require a written application for a waiver that shall include, as a minimum:
(1) Identification of the specific state rules, regulations, policies, and procedures, or provisions of this chapter that are requested for waiver; (2) A description of the policies and procedures the school or school system shall substitute for the waived state rules, regulations, policies, and procedures, or provisions; (3) A description of how the proposed waiver will improve student performance; (4) A description of the students who will be affected by the proposed waiver, including their estimated number, current performance, grade level, and any common demographic traits;

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(5) A list of schools by name that will be affected by the proposed waiver, and a description of each school, including current performance, grade levels, and demographic traits of the students of each such school; (6) Methods for collection of data, and for measuring and evaluating any change in student performance resulting from the proposed waiver; (7) The period of time for which the proposed waiver is requested and the proposed starting date; and (8) A resolution from the local school board approving the waiver request. (e) The State Board of Education may grant or deny a waiver request, or grant a waiver request subject to specified modifications in the waiver request. (f) A waiver may be granted in accordance with this Code section for any period of time not to exceed five years. The State Board of Education shall require reports regarding the effect of the waiver at least annually, and may require more frequent reports if necessary to monitor the effect of the waiver effectively. The State Board of Education shall report annually to the General Assembly regarding the waivers granted, the effect of each waiver, and any recommendations for legislative changes generated by successful waivers."
SECTION 6. Said title is further amended by striking subsections (e) through (o) of Code Section 20-2281, relating to effectiveness assessment, and inserting in lieu thereof the following:
"(e) The State Board of Education is authorized to adopt rules, regulations, policies, and procedures regarding accommodations and the participation of limited-Englishproficient students, as defined in Code Section 20-2-156, in the assessments described in this Code section. (f) The State Board of Education shall adopt end-of-course assessments for students in grades nine through 12 for all core subjects to be determined by the state board. For those students with an Individualized Education Program, the students Individualized Education Program team shall determine appropriate participation in assessments and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act. (f)(g) Under rules adopted by the State Board of Education, the Department of Education shall, subject to appropriations by the General Assembly, release some or all of the questions and answers to each criterion-referenced competency test administered under subsection (a) of this Code section and each end-of-course assessment administered under subsection (e) of this Code section after the last time the instrument is administered for a school year. (g)(h) The State Board of Education, through the Department of Education, shall administer the end-of-course assessments for core subject areas as defined by state board policy. The state board shall promulgate a schedule for the development and administration of all end-of-course tests by December 1, 2000. (h)(i) The Department of Education shall develop study guides for the criterionreferenced tests and end-of-course assessments administered pursuant to subsections (a)

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and (e) (f) of this Code section. Each school system shall distribute the study guides to students who do not perform satisfactorily on one or more parts of an assessment instrument administered under this Code section and to the parents or guardians of such students.
(i)(j)(1) The high school graduation test provided for in subsection (a) of this Code section shall continue in effect until all high school core subject end-of-course assessments have been developed and implemented, at which time the state board shall discontinue the test according to a schedule to be determined by the state board. (2) The State Board of Education shall adopt rules regarding course exit requirements in regard to the implemented and regulations requiring the results of core subject endof-course assessments before discontinuing the high school graduation test to be included as a factor in a students final grade in the core subject course for which the end-of-course assessment is given. (3) Local boards of education shall have the option of allowing scores on end-ofcourse assessments to be counted as part of a students grade in the course. (j)(k)(1) In addition to the assessment instruments adopted by the State Board of Education and administered by the Department of Education, a local school system may adopt and administer criterion-referenced or norm-referenced assessment instruments, or both, at any grade level. Such locally adopted assessment instruments may not replace the states adopted assessment instruments for purposes of state accountability programs, except as otherwise provided in paragraph (2) of this subsection. A local school system shall be responsible for all costs and expenses incurred for locally adopted assessment instruments. Students with Individualized Education Programs must be included in the locally adopted assessments or provided an alternate assessment in accordance with the federal Individuals with Disabilities Education Act. (2) The State Board of Education shall have the authority to grant waivers until Fiscal Year 2003 to local boards of education exempting said boards from the administration of the state criterion-referenced competency tests at any or all of the subject areas and grade levels for which the local board of education implements a locally developed criterion-referenced competency test or tests based on the Quality Core Curriculum which increases the expectations for student achievement beyond that of the applicable state criterion-referenced competency test or tests and meets all other requirements of this Code section, including reliability and validity requirements, with the exception of subsection (f) (g) of this Code section. Local boards of education with such waivers shall submit to the State Board of Education school and local school system score reports of the locally developed criterion-referenced competency tests. (k)(l) In adopting academic skills assessment instruments under this Code section, the State Board of Education or local school system shall ensure the security of the instruments in their preparation, administration, and scoring. Notwithstanding any other provision of law, meetings or portions of meetings held by the state board or a local board of education at which individual assessment instruments or assessment

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instrument items are discussed or adopted shall not be open to the public, and the assessment instruments or assessment instrument items shall be confidential. (l)(m) The results of individual student performance on academic skills assessment instruments administered under this Code section shall be confidential and may be released only in accordance with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g. (m)(n) Overall student performance data shall be disaggregated by ethnicity, sex, socioeconomic status, disability, language proficiency, grade level, subject area, school, and system, and other categories determined by policies established by the Office of Student Achievement. (n)(o) Student performance data shall be made available to the public, with appropriate interpretations, by the State Board of Education, the Office of Education Accountability Student Achievement, and local school system. The information made available to the public shall not contain the names of individual students or teachers. (o)(p) Teachers in grades one through 12 shall be offered the opportunity to participate annually in a staff development program on the use of tests within the instructional program designed to improve students academic achievement. This program shall instruct teachers on curriculum alignment related to tests, disaggregated student test data to identify student academic weaknesses by subtests, and other appropriate applications as determined by the State Board of Education."
SECTION 7. Said title is further amended by striking Code Section 20-2-290, relating to organization of schools, and inserting in its place a new Code Section 20-2-290 to read as follows:
"20-2-290. (a) The board of education of any local school system is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. Local school systems which have organized their schools in such a manner that facilities house grades six, seven, and eight or grades seven and eight shall qualify for the middle school program for students in grade levels so housed. A school which houses grades other than six, seven, or eight shall only be eligible if it has a full-time principal for grades seven and eight or six, seven, and eight and another full-time principal for grades above or below the middle school grades; provided, however, that such schools also meet all other provisions of this Code section. Schools with students in the sixth grade shall not be eligible for the middle school program if the sixth grades are not housed in middle schools which also contain both grades seven and eight. Further, two or more adjacent local school systems shall qualify for the middle school program if through their contractual arrangement they jointly meet the requirements of this Code section and the criteria and standards prescribed by the state board. (b) Beginning with the 2001-2002 school year, local Local boards of education shall schedule each middle school so as to provide the following:
(1) A minimum of five 4.5 hours of instruction in English and language arts, reading, mathematics, science, social studies, and such other academic subjects as the State

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Board of Education shall prescribe. For students not performing on grade level, as defined by the Office of Education Accountability Student Achievement, the minimum of five 4.5 hours shall include such remedial academic instruction in English and language arts, reading, mathematics, science, or social studies as required to bring such students to grade level performance with the priority for such remediation being placed on reading and mathematics or as otherwise determined by the students team of academic teachers; provided that, in making such a determination the team shall consider the students performance on the criterionreferenced assessments authorized in Code Section 20-2-181. The State Board of Education shall have the authority to require five hours of instruction in English and language arts, reading, mathematics, science, social studies, and such other academic subjects as the State Board of Education shall prescribe for schools that have received an unacceptable rating for two consecutive years or more, pursuant to Code Section 20-14-33, unless otherwise specified in the schools improvement plan which has been approved by the State Board of Education; (2) Beyond the minimum of five 4.5 hours of academic instruction, the local board shall have the authority to schedule for the remainder of the day such academic or exploratory classes as the State Board of Education shall prescribe; provided, however, that a student shall be allowed to take additional academic classes instead of exploratory classes if the parent or guardian of such a student requests such assignment, subject to availability; and (3) An interdisciplinary team of academic teachers with common planning time of a minimum of 55 minutes. (c) Local school systems shall comply with subsection (b) of this Code section in order to qualify for the middle school program. (d) If a local school system has a combination of qualified and nonqualified schools, it shall qualify for the middle school program only for those students counted in the fulltime equivalent count for the middle school program in qualified middle schools."
SECTION 8. Said title is further amended by striking subsections (a) and (c) of Code Section 20-2320, relating to the state-wide comprehensive educational information network, and inserting in lieu thereof the following:
"(a) The Governor shall appoint a steering committee, which shall be named the Education Information Steering Committee, composed of representatives from the Department of Education, the Department of Technical and Adult Education, the Board of Regents of the University System of Georgia, the office of the Governor, the Office of Planning and Budget, the Department of Audits and Accounts, the Georgia Technology Authority, the Office of School Readiness, the Professional Standards Commission, the Office of Education Accountability Student Achievement, the State Data and Research Center at the Georgia Institute of Technology, the Georgia Public Telecommunications Commission, the Legislative Budget Office, and local school systems. The steering committee shall identify the data required to implement the

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Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the components of public education in Georgia. The steering committee shall identify data that shall be required from local units of administration, public libraries, public colleges and universities through the Board of Regents of the University System of Georgia, pre-kindergarten programs, the Professional Standards Commission, and postsecondary technical colleges and schools for the implementation of this article. Further, the steering committee shall develop a design for a state-wide comprehensive educational information system which will provide for the accurate, seamless, and timely flow of information from local and regional education agencies, units of the University System of Georgia, and technical schools and colleges to the state. The design shall include hardware, software, data, collection methods and times, training, maintenance, communications, security of data, and installation specifications and any other relevant specifications needed for the successful implementation of this system. No student shall be identifiable by name in that portion of the pre-kindergarten through grade 12 record stored at the state level, and any identification number shall be encoded to prevent unauthorized use of a students information; provided, however, that full-time equivalent student data collected pursuant to Code Section 20-2-160 shall be identifiable for audit purposes in separate files. The state-wide comprehensive educational information system shall not use a students social security number or an employees social security number in violation of state or federal law to identify a student or employee. The steering committee shall present such recommendations to the Education Coordinating Council. Upon approval of the boards of the respective education agencies, the steering committee shall issue appropriate requests for proposals to implement a state-wide comprehensive educational information system, subject to appropriation by the General Assembly. The State Data and Research Center, at the direction of the Education Coordinating Council and working through the steering committee, shall initiate contracts with appropriate vendors and local units of administration for the procurement of services, purchase of hardware and software, and for any other purpose as directed by the Education Coordinating Council, consistent with appropriation by the General Assembly." "(c) For the purpose of this article, authorized educational agencies shall be the Department of Education; the Office of School Readiness; the Board of Regents of the University System of Georgia; the Department of Technical and Adult Education; the Education Coordinating Council; the Professional Standards Commission; the State Data and Research Center and units under contract to the State Data and Research Center; the Office of Education Accountability Student Achievement; the education policy and research components of the office of the Governor; the Office of Planning and Budget; the Legislative Budget Office; the House Research Office; and the Senate Research Office. Any information collected over the state-wide comprehensive educational information system, including individual student records and individual personnel records, shall be accessible by authorized educational agencies, provided that any information which is planned for collection over the system but which is

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temporarily being collected by other means shall also be accessible by authorized educational agencies and provided, further, that adequate security provisions are employed to protect the privacy of individuals. All data maintained for this system shall be used for educational purposes only. In no case shall information be released by an authorized educational agency which would violate the privacy rights of any individual student or employee. Information released by an authorized educational agency in violation of the privacy rights of any individual student or employee shall subject the authorized educational agency to all penalties under applicable state and federal law. Any information collected over the state-wide comprehensive educational information system which is not stored in an individual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations, Education, and Higher Education committees, except information otherwise prohibited by statute. Data which are included in an individual student record or individual personnel record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees of the General Assembly, and agencies other than authorized educational agencies."
SECTION 9. Said title is further amended by inserting a new Code section to be designated Code Section 20-2-323 to read as follows:
"20-2-323. (a) Each local board of education may schedule time for all students in kindergarten and grades one through eight to have a daily break period consisting of at least 15 minutes of supervised, unstructured activity time, preferably outdoors. The break permitted by this Code section shall be considered as academic instruction, but the break shall not be part of the Quality Core Curriculum and shall not be subject to requirements for the Quality Core Curriculum. The break shall not be a replacement for physical education or structured physical activity. (b) Local boards of education may establish policies to ensure that the break is a safe experience for students, that recess is scheduled so that it provides a break during academic learning, and that recess is not used as reward or punishment on a regular basis."
SECTION 10. Said title is further amended by striking subsection (b) of Code Section 20-2-690.1, relating to mandatory education for children, and inserting in lieu thereof the following:
"(b) Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who shall violate this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed not less than $25.00 and not greater than $100.00, or imprisonment not to exceed 30 days, community service, or both any combination of such penalties, at the discretion of the court having jurisdiction. Each days absence from school in violation of this part after the childs school system notifies the parent, guardian, or other person who has control

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or charge of a child of five unexcused days of absence for a child shall constitute a separate offense. The school system shall notify such parent, guardian, or other person via certified mail, return receipt requested, after two previous attempts when the child has five unexcused days of absence. Public schools shall provide to the parent, guardian, or other person having control or charge of each child enrolled in public school a written summary of possible consequences and penalties for failing to comply with compulsory attendance under this Code section for children and their parents, guardians, or other persons having control or charge of children, as provided in Code Section 20-2-690.2. The parent, guardian, or other person who has control or charge of a child or children shall sign a statement indicating receipt of such written statement of possible consequences and penalties; children who are age ten years or older by September 1 shall sign a statement indicating receipt of such written statement of possible consequences and penalties. After two reasonable attempts by the school to secure such signature or signatures, the school shall be considered to be in compliance with this subsection if it sends a copy of the statement, via certified mail, return receipt requested, to such parent, guardian, other person who has control or charge of a child, or child. Public schools shall retain signed copies of statements through the end of the school year."
SECTION 11. Said title is further amended by inserting a new Code section to be designated Code Section 20-2-690.2 to read as follows:
"20-2-690.2. (a) The chief judge of the superior court of each county shall establish a student attendance protocol committee for its county. The purpose of the committee shall be to ensure coordination and cooperation among officials, agencies, and programs involved in compulsory attendance issues, to reduce the number of unexcused absences from school, and to increase the percentage of students present to take tests which are required to be administered under the laws of this state. The chief judge is responsible for ensuring that all members of the committee are notified of their responsibility to the committee and shall call the first meeting of the committee in each county. The committee shall elect a chairperson and may elect other officers. (b) Each local board of education shall participate in and implement the recommendations of the committee as provided in this Code section. Independent school systems may participate in the committee in the county in which its system resides. Independent school systems whose geographic area resides in more than one county may select one of the counties in which it resides in which to participate. An independent school system that elects not to participate in the committee of the county in which it resides shall request that the chief judge of the superior court of a county in which it resides establish an independent student attendance protocol committee in the same manner as established for such county. (c) Each of the following agencies, officials, or programs shall designate a representative to serve on the committee:

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(1) The chief judge of the superior court; (2) The juvenile court judge or judges of the county; (3) The district attorney for the county; (4) The solicitor-general of state court, if the county has a state court; (5) The Department of Juvenile Justice, which may include representatives from area youth detention centers or regional youth detention centers; (6) The superintendent and at least one certificated personnel and at least one local school board member from each public school system in the county and a school social worker, if feasible; (7) The sheriff of the county; (8) The chief of police of the county police department; (9) The chief of police of each municipal police department in the county; (10) The county department of family and children services; (11) The county board of health; (12) The county mental health organization; (13) The county Family Connection commission, board, or authority, or other county agency, board, authority, or commission having the duty and authority to study problems of families, children, and youth and provide services to families, children, and youth; and (14) The court approved community based risk reduction program established by the juvenile court in accordance with Code Section 15-11-10, if such a program has been established. (d) The committee thus established may appoint such additional members as necessary and proper to accomplish the purposes of the committee. (e) Each committee shall, by June 1, 2005, adopt a written student attendance protocol for its county school system and for each independent school system within its geographic boundaries which shall be filed with the Department of Education. The protocol shall outline in detail the procedures to be used in identifying, reporting, investigating, and prosecuting cases of alleged violations of Code Section 20-2-690.1, relating to mandatory school attendance. The protocol shall outline in detail methods for determining the causes of failing to comply with compulsory attendance and appropriately addressing the issue with children and their parents or guardians. The protocol shall also include recommendations for policies relating to tardiness. The Department of Education shall provide model school attendance protocols, if requested by the committee. (f) A copy of the protocol shall be furnished to each agency, official, or program within the county that has any responsibility in assisting children and their parents or guardians in complying with Code Section 20-2-690.1. (g) The committee shall write the summary of possible consequences and penalties for failing to comply with compulsory attendance under Code Section 20-2-690.1 for children and their parents, guardians, or other persons who have control or charge of children for distribution by schools in accordance with Code Section 20-2-690.1. The summary of possible consequences for children shall include possible dispositions for

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unruly children and possible denial or suspension of a drivers license for a child in accordance with Code Section 40-5-22. (h) The committee shall continue in existence after writing the student attendance protocol. The chief judge of the superior court of each county shall ensure that the committee meets at least quarterly during the first year, and twice annually thereafter, to evaluate compliance with the protocol, effectiveness of the protocol, and appropriate modifications. (i) Each local board of education shall report student attendance rates to the committee and the State Board of Education at the end of each school year, according to a schedule established by the State Board of Education."
SECTION 12. Said title is further amended by striking Code Section 20-2-695, relating to attendance officers, and inserting in lieu thereof the following:
"20-2-695. (a) A local board of education may employ an attendance officer or attendance officers in addition to a visiting teacher or visiting teachers. Such an attendance officer must be paid wholly from local funds of the local board unless state funds are specifically appropriated for purposes of employment of attendance officers, in which case state funds may be used to the extent so appropriated. Attendance officers shall not be required to qualify under rules and regulations promulgated by the Professional Standards Commission for the certification of visiting teachers. (a.1) A local board of education may designate one or more school employees as an attendance officer or attendance officers. Such school employees designated as attendance officers shall have the duties and authority of attendance officers defined in this subpart. (b) The authority and duties of any attendance officer so appointed by a local board of education shall include:
(1) The duty to cooperate with state agencies, make monthly reports to that officers school superintendent, and comply with state and local rules as provided in Code Section 20-2-696; (2) The authority to receive cooperation and attendance reports from that officers school system as provided for in Code Section 20-2-697; (3) When specifically authorized by the appointing local board of education, the The authority to assume temporary custody of children absent from school for the purpose of delivering the child to school or to the parent, guardian, or other person who has control or charge of the child, or if the child has been adjudged delinquent or unruly, to the probation officer of the county having jurisdiction over the child in the same manner as authorized for peace officers under Code Sections 20-2-698 through 20-2700; and any attendance officer so authorized by the appointing local board of education shall, when engaged in such function, have the same duties, authority, rights, privileges, and immunities as applicable to a peace officer engaged in such function, provided that the same shall not extend to the carrying of a weapon unless

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the attendance officer holds a valid certification as a peace officer from the Georgia Peace Officer Standards and Training Council; (4) The duty to report children absent from school to the juvenile court or other court having jurisdiction as provided for in Code Section 20-2-701; and (5) Such other authority and duties as may be provided by law or as may be provided by the appointing local board of education in conformity with law. Attendance officers and school employees designated as attendance officers pursuant to subsection (a.1) of this Code section, when acting in their official capacity pursuant to this subsection, shall be immune from civil liability for, or arising out of, any act or omission concerning, relating to, or resulting from their performance of duties under this subsection."
SECTION 13. Said title is further amended by striking subsection (b) of Code Section 20-2-738, relating to authority of teacher over classroom, procedures following removal of student from classroom, and placement review committees, and inserting in lieu thereof the following:
"(b) On and after July 1, 2000, a A teacher shall have the authority to remove from his or her class a student who repeatedly or substantially interferes with the teachers ability to communicate effectively with the students in the class or with the ability of the students classmates to learn, where the students behavior is in violation of the student code of conduct, provided that the teacher has previously filed a report pursuant to Code Section 20-2-737 or determines that such behavior of the student poses an immediate threat to the safety of the students classmates or the teacher. Each school principal shall fully support the authority of every teacher in his or her school to remove a student from the classroom under this Code section, including establishing and disseminating procedures. The teacher shall file with the principal or the principals designee a report describing the students behavior, in one page or less, by the end of the school day on which such removal occurs or at the beginning of the next school day. The principal or the principals designee shall, within one school day after the students removal from class, send to the students parents or guardians written notification that the student was removed from class, a copy of the report filed by the teacher, and information regarding how the students parents or guardians may contact the principal or the principals designee."
SECTION 14. Said title is further amended by striking Code Section 20-2-751.2, relating to students subject to disciplinary orders of other school systems, and inserting in lieu thereof the following:
"20-2-751.2. (a) As used in this Code section, the term 'disciplinary order' means any order of a local school system in this state, a private school in this state, or a public school outside of this state which imposes short-term suspension, long-term suspension, or expulsion upon a student in such system or school.

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(b) A local board of education which has a student who attempts to enroll or who is enrolled in any school in its school system during the time in which that student is subject to a disciplinary order of any other school system is authorized to refuse to enroll or subject that student to short-term suspension, long-term suspension, or expulsion for any time remaining in that other school systems or schools disciplinary order upon receiving a certified copy of such order if the offense which led to such suspension or expulsion in the other school system or school was an offense for which suspension or expulsion could be imposed in the enrolling school. (c) A local school system or school may request of another school system or school whether any disciplinary order has been imposed by the other school system or school upon a student who is seeking to enroll or is enrolled in the requesting system or school. If such an order has been imposed and is still in effect for such student, the requested school system or private school in this state shall so inform the requesting system or school and shall provide a certified copy of the order to the requesting system or school. (d) If any school administrator determines from the information obtained pursuant to this Code section or from Code Section 15-11-28 or 15-11-80 that a student has been convicted of or has been adjudicated to have committed an offense which is a designated felony act under Code Section 15-11-63, such administrator shall so inform all teachers to whom the student is assigned. Such teachers and other certificated professional personnel as the administrator deems appropriate may review the information in the students file provided pursuant to this Code section that has been received from other schools or from the juvenile courts or superior courts. Such information shall be kept confidential."
SECTION 15. Said title is further amended by striking Code Section 20-2-751.5, relating to student codes of conduct, and inserting in lieu thereof the following:
"20-2-751.5. (a) Each student code of conduct shall contain provisions that address the following conduct of students during school hours, and at school related functions, and on the school bus, in a manner that is appropriate to the age of the student:
(1) Verbal assault, including threatened violence, of teachers, administrators, and other school personnel; (2) Physical assault or battery of teachers, administrators, and other school personnel; (3) Disrespectful conduct toward teachers, administrators, and other school personnel, including use of vulgar or profane language; (4) Verbal assault of other students, including threatened violence or sexual harassment as defined pursuant to Title IX of the Education Amendments of 1972; (5) Physical assault or battery of other students, including sexual harassment as defined pursuant to Title IX of the Education Amendments of 1972; (6) Disrespectful conduct toward other students, including use of vulgar or profane language; and

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(7) Verbal assault of, physical assault or battery of, and disrespectful conduct, including use of vulgar or profane language, toward persons attending school related functions.; (8) Failure to comply with compulsory attendance as required under Code Section 20-2-690.1; (9) Willful or malicious damage to real or personal property of the school or to personal property of any person legitimately at the school; (10) Inciting, advising, or counseling of others to engage in prohibited acts; (11) Marking, defacing, or destroying school property; (12) Possession of a weapon, as provided for in Code Section 16-11-127.1; (13) Unlawful use or possession of illegal drugs or alcohol; (14) Willful and persistent violation of the student code of conduct; (15) Bullying as defined by Code Section 20-2-751.4; and (16) Marking, defacing, or destroying the property of another student. With regard to paragraphs (9) and (11) of this subsection, each student code of conduct shall also contain provisions that address conduct of students during off-school hours. (b)(1) In addition to the requirements contained in subsection (a) of this Code section, each Each student code of conduct shall include comprehensive and specific provisions prescribing and governing student conduct and safety rules on all public school buses. The specific provisions shall include but not be limited to:
(A) Students shall be prohibited from acts of physical violence as defined by Code Section 20-2-751.6, bullying as defined by subsection (a) of Code Section 20-2751.4, physical assault or battery of other persons on the school bus, verbal assault of other persons on the school bus, disrespectful conduct toward the school bus driver or other persons on the school bus, and other unruly behavior; (B) Students shall be prohibited from using any electronic devices during the operation of a school bus, including but not limited to cell phones; pagers; audible radios, tape or compact disc players without headphones; or any other electronic device in a manner that might interfere with the school bus communications equipment or the school bus drivers operation of the school bus; and (C) Students shall be prohibited from using mirrors, lasers, flash cameras, or any other lights or reflective devises in a manner that might interfere with the school bus drivers operation of the school bus. (2) If a student is found to have engaged in physical acts of violence as defined by Code Section 20-2-751.6, the student shall be subject to the penalties set forth in such Code section. If a student is found to have engaged in bullying as defined by subsection (a) of Code Section 20-2-751.4 or in physical assault or battery of another person on the school bus, the local school board policy shall require a meeting of the parent or guardian of the student and appropriate school district officials to form a school bus behavior contract for the student. Such contract shall provide for progressive age-appropriate discipline, penalties, and restrictions for student misconduct on the bus. Contract provisions may include but shall not be not limited to assigned seating, ongoing parental involvement, and suspension from riding the

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bus. This subsection is not to be construed to limit the instances when a school code of conduct or local board of education may require use of a student bus behavior contract. (3) No later than August 15, 2002, each local board of education shall send to the State Board of Education a copy of the provisions of its student code of conduct that address the items identified in paragraphs (1) and (2) of this subsection. The state board shall review such provisions to ensure that each of the items identified in paragraphs (1) and (2) of this subsection is addressed and shall notify a local board of education, no later than October 15, 2002, of any items which are not addressed in its submission to the state board. Nothing in this subsection shall be construed as authorizing or requiring the state board to review or approve the substance of the student code of conduct. (c) Each student code of conduct shall also contain provisions that address any offcampus behavior of a student which could result in the student being criminally charged with a felony and which makes the students continued presence at school a potential danger to persons or property at the school or which disrupts the educational process. (d) Local board policies relating to student codes of conduct shall provide that each local school superintendent shall fully support the authority of principals and teachers in the school system to remove a student from the classroom pursuant to Code Section 20-2-738, including establishing and disseminating procedures. It is the policy of this state that it is preferable to reassign disruptive students to alternative educational settings rather than to suspend or expel such students from school. (c)(e) Any student handbook which is prepared by a local board or school shall include a copy or summary of the student code of conduct for that school or be accompanied by a copy of the student code of conduct for that school. If a student handbook contains a summary of the student code of conduct, then a full copy of the student code of conduct shall be made available for review at the school. When distributing a student code of conduct, a local school shall include a form on which the students parent or guardian may acknowledge his or her receipt of the code, and the local school shall request that the form be signed and returned to the school."
SECTION 16. Said title is further amended by striking Code Section 20-2-751.6, relating to suspension policy for students committing acts of physical violence resulting in injury to teachers, and inserting in lieu thereof the following:
"20-2-751.6. (a) As used in this Code section, the term 'physical violence' means:
(1) Intentionally making physical contact of an insulting or provoking nature with the person of another; or (2) Intentionally making physical contact which causes physical harm to another unless such physical contacts or physical harms were in defense of himself or herself, as provided in Code Section 16-3-21.

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(b) Local board of education policies and student codes of conduct shall provide for the penalties to be assessed against a student found by a disciplinary hearing officer, panel, or tribunal pursuant to Code Section 20-2-752 to have committed any act of physical violence against a teacher, school bus driver, or other school official or employee. The local board shall appoint a Such disciplinary hearing officer, panel, or tribunal to shall hold a any disciplinary hearing pursuant to in accordance with the provisions of Code Section 20-2-754 regarding the alleged act of physical violence and penalty. Any student alleged to have committed an act of physical violence shall be suspended pending the hearing by the disciplinary hearing officer, panel, or tribunal. The tribunal shall be composed of three teachers or certificated education personnel, appointed by the local school board. The decision of the disciplinary hearing officer, panel, or tribunal shall determine all issues of fact and intent and shall submit its findings and recommendations may be appealed to the local school board pursuant to Code Section 20-2-754 for imposition of punishment in accordance with this Code section. If appropriate under paragraph (1) of subsection (c) of this Code section, the tribunals recommendations decision of the disciplinary hearing officer, panel, or tribunal shall include a recommendation as to whether a student may return to public school and, if return is recommended, a recommended time for the students return to public school. The local school board may follow the recommendations of the tribunal or impose penalties not recommended by the disciplinary hearing officer, panel, or tribunal.
(c)(1) A student found by a disciplinary hearing officer, panel, or tribunal to have committed an act of physical violence as defined in paragraph (2) of subsection (a) of this Code section against a teacher, school bus driver, school official, or school employee shall be expelled from the public school system. The expulsion shall be for the remainder of the students eligibility to attend public school pursuant to Code Section 20-2-150. The local school board at its discretion may permit the student to attend an alternative education program for the period of the students expulsion. If the student who commits an act of physical violence is in kindergarten through grade eight, then the local school board at its discretion and on the recommendation of the disciplinary hearing officer, panel, or tribunal may permit such a student to reenroll in the regular public school program for grades nine through 12. If the local school board does not operate an alternative education program for students in kindergarten through grade six, the local school board at its discretion may permit a student in kindergarten through grade six who has committed an act of physical violence as defined in paragraph (2) of subsection (a) of this Code section to reenroll in the public school system; (2) Any student who is found by a disciplinary hearing officer, panel, or tribunal to have committed an act of physical violence against a teacher, school bus driver, school official, or school employee as defined in paragraph (2) of subsection (a) of this Code section shall be referred to juvenile court with a request for a petition alleging delinquent behavior; and (3) Any student who is found by a disciplinary hearing officer, panel, or tribunal to have committed an act of physical violence as defined in paragraph (1) of subsection

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(a) of this Code section against a teacher, school bus driver, school official, or school employee may be disciplined by expulsion, long-term suspension, or short-term suspension. (d) The provisions of this Code section shall apply with respect to any local school system which receives state funding pursuant to Code Sections 20-2-161 and 20-2-260. (e) Nothing in this Code section shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990."
SECTION 17. Said title is further amended by striking Code Section 20-2-753, relating to disciplinary hearings held by a disciplinary hearing officer, panel, or tribunal, and inserting in lieu thereof the following:
"20-2-753. (a) In addition to any proceedings which are authorized in Code Section 20-2-752, local boards of education shall appoint a disciplinary hearing officer, panel, or tribunal of school officials to hold a disciplinary hearing following any instance of an alleged violation of the student code of conduct where the principal recommends a suspension or expulsion of longer than ten school days or an alleged assault or battery by a student upon any teacher or other school official or employee, if such teacher or other school official or employee so requests.:
(1) An alleged assault or battery by a student upon any teacher, other school official, or employee; (2) An alleged assault or battery by a student upon another student, if, in the discretion of the school principal, the alleged assault or battery could justify the expulsion or long-term suspension of the student; or (3) Substantial damage alleged to be intentionally caused by a student on school premises to personal property belonging to a teacher, other school official, employee, or student, if, in the discretion of the school principal, the alleged damage could justify the expulsion or long-term suspension of the student. (b) The board of education shall by appropriate rule, regulation, or resolution require that when any instance specified in subsection (a) of this Code section occurs, the teacher, other school official, employee, or student who is subjected to the assault, battery, or damage shall file a complaint with the school administration and with the local board of education. (b) Nothing in this Code section shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990."

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SECTION 18. Said title is further amended by striking subsections (b) and (c) of Code Section 20-2754, relating to procedures to be followed by disciplinary hearing officers, panels, or tribunals, and inserting in lieu thereof the following:
"(b) A disciplinary officer, panel, or tribunal of school officials appointed as required by Code Section 20-2-753 shall, in addition to any other requirements imposed by rules and regulations which may have been promulgated pursuant to Code Section 20-2-752, ensure that:
(1) All parties are afforded an opportunity for a hearing after reasonable notice served personally or by mail. This notice shall be given to all parties and to the parent or guardian of the student or students involved and shall include a statement of the time, place, and nature of the hearing; a short and plain statement of the matters asserted; and a statement as to the right of all parties to present evidence and to be represented by legal counsel; (2) The hearing is held no later than ten school days after the beginning of the suspension; (2)(3) All parties are afforded an opportunity to present and respond to evidence and to examine and cross-examine witnesses on all issues unresolved; and (4) Any teacher who is called as a witness by the school system shall be given notice no later than three days prior to the hearing; and (3)(5) A verbatim electronic or written record of the hearing shall be made and shall be available to all parties. (c) If appointed to review an instance specified in pursuant to Code Section 20-2-753, the disciplinary officer, panel, or tribunal shall conduct the hearing and, after receiving all evidence, render its decision, which decision shall be based solely on the evidence received at the hearing. The decision shall be in writing and shall be given to all parties within ten days of the close of the record. Any decision by such disciplinary officer, panel, or tribunal may be appealed to the local board of education by filing a written notice of appeal within 20 days from the date the decision is rendered. Any disciplinary action imposed by such officer, panel, or tribunal may be suspended by the school superintendent pending the outcome of the appeal."
SECTION 19. Said title is further amended by striking Code Section 20-2-759, relating to children in kindergarten through grade five, and inserting in lieu thereof the following:
"20-2-759. (a) Except as otherwise expressly provided in this subpart, this subpart shall not apply to children in kindergarten through elementary grade five. (b) The local school superintendent shall determine the disciplinary actions or proceedings for children exempt from this subpart under subsection (a) of this Code section Reserved."

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SECTION 20. Said title is further amended by striking Code Section 20-2-2061, relating to legislative intent regarding charter schools, and inserting in its place a new Code Section 20-2-2061 to read as follows:
"20-2-2061. It is the intent of the General Assembly to provide a means whereby a petitioner may seek a performance based contract called a charter, which ties improved performance to the waiver of specifically identified state and local rules, regulations, policies, procedures, and identified provisions of this title other than the provisions of this article exempts the petitioner from the provisions of this title, except as provided in this article, or any state or local rule, regulation, policy, or procedure relating to schools within an applicable school system regardless of whether such rule, regulation, policy, or procedure is established by the local board, the State Board of Education, or the Department of Education; provided, however, that the state board may establish rules, regulations, policies, or procedures consistent with this article relating to charter schools. In exchange for such a waiver, the school agrees to meet or exceed the performance based goals included in the petition and approved by the local board, including but not limited to raising student achievement."
SECTION 21. Said title is further amended by striking Code Section 20-2-2063, relating to petitions to establish charter schools, and inserting in its place a new Code Section 20-2-2063 to read as follows:
"20-2-2063. The State Board of Education shall promulgate rules, regulations, policies, and procedures to govern the contents of a charter petition, provided that the following shall be required at a minimum:.
(1) The state board shall require that a petition designate the performance to be improved and how it will be improved through the waiver of specifically identified state and local rules, regulations, policies, and procedures, or provisions of this title other than the provisions of this article; (2) The state board shall require that a petition describe how it will measure the improvement in such performance and over what period of time, provided that such requirement shall not waive the accountability provisions of Part 3 of Article 2 of Chapter 14 of this title; and (3) The state board shall require that a petition demonstrate how any such waiver does not undermine and is consistent with the intent of the waived state and local rules, regulations, policies, and procedures, or the provisions of this title."
SECTION 22. Said title is further amended by striking subsections (a) and (b) of Code Section 20-22064, relating to approval or denial of a charter petition, and inserting in lieu thereof the following:

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"(a) A charter petitioner seeking to create a conversion charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension; provided, however, that a denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial; and provided, further, that the local board shall not act upon a petition for a conversion charter school until such petition:
(1) Has been freely agreed to, by secret ballot, by a majority of the faculty and instructional staff members of the petitioning local school at a public meeting called with two weeks advance notice for the purpose of deciding whether to submit the petition to the local board for its approval; and (2) Has been freely agreed to, by secret ballot, by a majority of parents or guardians of students enrolled in the petitioning local school present at a public meeting called with two weeks advance notice for the purpose of deciding whether to submit the petition to the local board for its approval. (b) A charter petitioner seeking to create a start-up charter school must may submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension. A denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial."
SECTION 23. Said title is further amended by striking Code Section 20-2-2064.1, relating to reviews of charter petitions by the state board and charters for state chartered special schools, and inserting in lieu thereof the following:
"20-2-2064.1. (a) The state board shall approve the charter of a charter petitioner if the petition has been approved by the local board of the local school system in which the proposed charter school will be located and the state board finds that the petition complies with the rules, regulations, policies, and procedures promulgated in accordance with Code Section 20-2-2063 and the provisions of this title and is in the public interest. If the state board denies a petition, it must within 60 days specifically state the reasons for the denial, list all deficiencies with regard to the rules, regulations, policies, and procedures established pursuant to Code Section 20-2-2063, and provide a written statement of the denial to the charter petitioner and to the local board. (b) No application may be made to the state board by a petitioner for a conversion charter school that has been denied by a local board. (c) Upon denial of a petition for a start-up charter school by a local board and upon application to the state board by the petitioner, A charter petitioner seeking to create a state chartered special start-up charter school shall submit a petition to the state board. the The state board shall approve the charter of a start-up charter petitioner for a state

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chartered special school if the state board finds that such petition meets the requirements set forth in the rules, regulations, policies, and procedures established pursuant to Code Section 20-2-2063 and the provisions of this title, and is in the public interest. A denial of a petition by the state board shall not preclude the submission to the state board of a revised petition that addresses deficiencies cited in the denial. If the state board denies a petition, it must within 60 days specifically state the reasons for the denial, list all deficiencies with regard to the rules, regulations, policies, and procedures established pursuant to Code Section 20-2-2063, and provide a written statement of the denial to the charter petitioner."
SECTION 24. Said title is further amended by striking Code Section 20-2-2065, relating to operation, control, and management requirements for charter schools, and inserting in its place a new Code Section 20-2-2065 to read as follows:
"20-2-2065. (a) Except as provided in this article or in a charter, a charter school shall not be subject to the provisions of this title or any state or local rule, regulation, policy, or procedure relating to schools within an applicable school system regardless of whether such rule, regulation, policy, or procedure is established by the local board, the state board, or the Department of Education; provided, however, that the state board may establish rules, regulations, policies, or procedures consistent with this article relating to charter schools. (b) In determining whether to waive, as sought by the petitioner, specifically identified state and local rules, regulations, policies, and procedures, and provisions of this title other than the provisions of this article to approve a charter petition or renew an existing charter, the local board and state board shall ensure that a charter school shall be:
(1) A public, nonsectarian, nonreligious, nonprofit school that is not home based, provided that a charter schools nonprofit status shall not prevent the school from contracting for the services of a for profit entity; (2) Subject to the control and management of the local board of the local school system in which the charter school is located, as provided in the charter and in a manner consistent with the Constitution, if a local charter school; (3) Subject to the supervision of the state board, as provided in the charter and in a manner consistent with the Constitution, if a state chartered special school; (4) Organized and operated as a nonprofit corporation under the laws of this state; provided, however, that this paragraph shall not apply to conversion charter schools any charter petitioner who is a local school or state or local public entity; (5) Subject to all federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct; (6) Subject to all laws relating to unlawful conduct in or near a public school;

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(7) Subject to an annual financial audit in the manner specified in the charter; (8) Subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, and such provisions shall apply with respect to charter schools whose charters are granted or renewed on or after July 1, 2000; (9) Subject to all reporting requirements of Code Section 20-2-160, subsection (e) of Code Section 20-2-161, Code Section 20-2-320, and Code Section 20-2-740; (10) Subject to the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133; and (11) Subject to the provisions of Code Section 20-2-1050 requiring a brief period of quiet reflection."
SECTION 25. Said title is further amended by striking Code Section 20-2-2068.1, relating to operational funding of charter schools, and inserting in lieu thereof the following:
"20-2-2068.1. (a) A local charter school shall be included in the allotment of QBE formula earnings, applicable QBE grants, applicable nonQBE state grants, and applicable federal grants to the local school system in which the local charter school is located under Article 6 of this chapter. The local board and the state board shall treat a conversion charter school no less favorably than other local schools located within the applicable local school system unless otherwise provided by law. The local board and the state board shall treat a start-up charter school no less favorably than other local schools within the applicable local system with respect to the provision of funds for instruction and school administration and, where feasible, transportation, food services, and building programs. (b) QBE formula earnings, applicable QBE grants, applicable nonQBE state grants, and applicable federal grants earned by a local charter school shall be distributed to the local charter school by the local board; provided, however, that state equalization grant earnings shall be distributed as provided in subsection (c) of this Code section. The local charter school shall report enrolled students in a manner consistent with Code Section 20-2-160. (c) In addition to the earnings set out in subsection (b) of this Code section local tax revenue shall be earned by a local charter school and calculated as follows:
(1) Determine the amount of funds earned by students enrolled in the local charter school as calculated by the Quality Basic Education Formula pursuant to Code Section 20-2-160; (2) Determine the amount of funds earned by all students in the public schools of the local school system, including any charter schools that receive local tax revenue, as calculated by the Quality Basic Education Formula; (3) Divide the amount obtained in paragraph (1) of this subsection by the amount obtained in paragraph (2) of this subsection; and (4) Multiply the quotient obtained in paragraph (3) of this subsection by the school systems local tax revenue.

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The product obtained in paragraph (4) of this subsection shall be the amount of local funds to be distributed to the local charter school by the local board; provided, however, that nothing in this subsection shall preclude a charter petitioner and a local board of education from specifying in the charter a greater amount of local funds to be provided by the local board to the local charter school if agreed upon by all parties to the charter. Local funds so earned shall be distributed to the local charter school by the local board. Where feasible and where services are provided, funds for transportation, food service programs, and construction projects shall also be distributed to the local charter school as earned. In all other fiscal matters, including applicable federal allotments, the local board shall treat the local charter school no less favorably than other local schools located within the applicable school system. (d) QBE formula earnings, applicable QBE grants, applicable nonQBE state grants, and applicable federal grants that are earned by a state chartered special school shall be distributed to the local board of the local school system in which the state chartered special school is located which shall distribute the same amount to the state chartered special school; provided, however, that a state chartered special school shall not be included in the calculation and distribution of the local school systems equalization grant unless the voters of the local school system have approved the use of local tax revenue to support the state chartered special school in accordance with subsection (e) of this Code section. If such approval has been given, state equalization grant earnings shall be earned for the state chartered special school and shall be distributed as provided in subsection (f) of this Code section. The local board shall not be responsible for the fiscal management, accounting, or oversight of the state chartered special school. The state chartered special school shall report enrolled students in a manner consistent with Code Section 20-2-160. Any data required to be reported by the state chartered special school shall be submitted directly by the school to the appropriate state agency. Where feasible, the state board shall treat a state chartered special school no less favorably than other public schools within the state with respect to the provision of funds for transportation and building programs. (e) The state board may require a local referendum of the qualified voters in the local school system in which the proposed state chartered special school will be located. Such referendum shall be held at the next regularly scheduled general election or as may otherwise be authorized at an earlier date by the local board or boards of education affected. Such referendum shall be held for the purpose of deciding whether the local board of education shall provide funds from school tax levies to support such state chartered special school or incur bonded indebtedness to support such state chartered special school or both. The ballot question shall be approved by the state board. (f) The local board shall treat a state chartered special school for which the use of funds from local bonded indebtedness and local school tax levies has been approved by qualified voters in the system in accordance with subsection (e) of this Code section no less favorably than other public schools located within the applicable school system.

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(g) The local board shall not distribute funds from local bond indebtedness and local school tax levies to a state chartered special school unless such use has been approved by qualified voters in accordance with subsection (e) of this Code section. (a) Each local charter school governing board or petitioner shall negotiate funding with its local board as a provision of its charter at a minimum of 95 percent of the local school boards expenditures per pupil for each pupil enrolled in the charter school. As used in this Code section, the term 'expenditures per pupil' includes expenditures of revenues from local taxation and bonds and from funds provided by the federal and state governments, and excludes funds for capital expenses. The local board may retain up to 5 percent of the expenditures per pupil for pupils enrolled in the charter school as payment for the charter schools portion of central administrative costs incurred by the local board. Each local charter school shall be included in the allotment of funds to the local school system in which the charter school is located. All federal, state, and local funds due to the local charter school shall be forwarded to the school from time to time as specified in the charter. (b) Each state chartered special school governing board or petitioner shall negotiate funding per pupil enrolled in the state chartered special school with the state board as a provision of its charter at a minimum of 100 percent of funds available for expenditure per pupil from state and federal funds, excluding capital expenses. (c) The state shall meet the financial obligations to state chartered special schools in accordance with this Code section; provided, however, that the state shall not be obligated to pay an amount greater than the per pupil state average as determined annually by the state board. The state board and the Department of Education shall have the joint responsibility to assess the funding needs of all state chartered special schools in the state and ensure that appropriate funds are included in the departments annual budget proposal. Payment of funds for the first month shall be sent directly from the department to state chartered special schools on July 1 of each fiscal year. All other payments shall be sent directly to state chartered special schools from time to time as specified in each such schools charter. (e) (d) The state board may require a local referendum of the qualified voters in the local school system in which the proposed state chartered special school will be located. Such referendum shall be held at the next regularly scheduled general election or as may otherwise be authorized at an earlier date by the local board or boards of education affected. Such referendum shall be held for the purpose of deciding whether the local board of education shall provide funds from school tax levies to support such state chartered special school or incur bonded indebtedness to support such state chartered special school or both. The ballot question shall be approved by the state board. (g) (e) The local board shall not distribute funds from local bond indebtedness and local school tax levies to a state chartered special school unless such use has been approved by qualified voters in accordance with subsection (e)(d) of this Code section. (f) Charter schools having students or programs that meet the eligibility criteria for state categorical program funds shall be entitled to their proportionate share of such funds.

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Any such funds shall be forwarded to each charter school as specified in such charter schools charter. (g) Each charter school shall provide transportation of charter school students within a reasonable distance of the charter school. As used in this Code section, the term 'a reasonable distance of the charter school' shall be determined by the charter but in any case shall be no greater than the largest busing area served by any school within the local school system where the charter school is located. The governing body of a local charter school may provide transportation through an agreement or contract with the local board, a private provider, or one or more parents. A local charter school and the local board shall cooperate in making arrangements that ensure that transportation is not a barrier to equal access for all students residing within a reasonable distance of the local charter school. A state chartered special school and the state board shall cooperate in making arrangements that ensure that transportation is not a barrier to equal access for all students residing within a reasonable distance of the state chartered special school. (h) If a charter school is located in a local school system that is providing programs or services to students that are funded by federal funds, such charter school shall receive federal funds for any eligible students enrolled in such charter school for the same level of service provided to eligible students in the schools operated by the local board. (i) State chartered special schools may elect to contract with the local board for the school system where the state chartered special school is located for any administrative and educational services. (j) If other goods and services are made available to a charter school through its charter, such goods and services shall be provided to the charter school at a rate no greater than the actual cost to the local board or state board. To maximize the use of state funds, the local board and state board shall allow charter schools to participate in their bulk purchasing program if applicable.
20-2-2068.2. (a) From moneys specifically appropriated for such purpose, the state board shall create a facilities fund for local charter schools and state chartered special schools for the purpose of establishing a per pupil, need based facilities aid program. (b) A charter school may receive moneys from the facilities fund if the charter school has received final approval from the local board or from the state board for operation during that fiscal year. (c) A charter schools governing body may use moneys from the facilities fund for the following purposes:
(1) Purchase of real property; (2) Construction of school facilities; (3) Purchase, lease-purchase, or lease of permanent or relocatable school facilities; (4) Purchase of vehicles to transport students to and from the charter school; and

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(5) Renovation, repair, and maintenance of school facilities that the charter school owns or is purchasing through a lease-purchase or long-term lease of five years or longer. (d) The Department of Education shall specify procedures for submitting and approving requests for funding under this Code section and for documenting expenditures. (e) Local boards are required to renovate, repair, and maintain the school facilities of charter schools in the district to the same extent as other public schools in the district if the local board owns the charter school facility. (f)(1) Prior to releasing moneys from the facilities fund, the Department of Education shall ensure that the governing board of the local charter school and the local board shall enter into a written agreement that includes a provision for the reversion of any unencumbered funds and all equipment and property purchased with public education funds to the ownership of the local board in the event the local charter school terminates operations. (2) Prior to releasing moneys from the facilities fund, the Department of Education shall ensure that the governing board of the state chartered special school and the state board shall enter into a written agreement that includes a provision for the reversion of any unencumbered funds and all equipment and property purchased with public education funds to the ownership of the state board in the event the state chartered special school terminates operations. (g) The reversion of property in accordance with subsection (f) of this Code section is subject to the complete satisfaction of all lawful liens or encumbrances. (h) Each local board of education that has designated any facility or property as surplus, intended for disposal, or otherwise unused shall make such facility or property available for lease or purchase by a local charter school on the same basis as it makes such facility or property available to other public schools under the control and management of the local board of education. A conversion charter school may not be charged a rental or leasing fee for the existing facility or for property normally used by the public school which became the conversion charter school. A local charter school that receives property from a local board may not sell or dispose of such property without the written permission of the local board."
SECTION 26. Said title is further amended by inserting a new article to be designated Article 32 to read as follows:
"ARTICLE 32
20-2-2100. As used in this article, the term 'distance learning school' means a school in which the teacher and the students may be in different locations for a majority of the time in which instruction occurs, and the teacher establishes the curriculum, all lesson plans,

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and all assessments in accordance with regulations promulgated by the State Department of Education.
20-2-2101. (a) The provisions of this article are enacted in accordance with the authority granted by Article VIII, Section V, Paragraph VII of the Georgia Constitution. (b) This article authorizes the State Board of Education and the State Department of Education to create a special school, the Special K-12 Distance Learning School, which shall be made available state wide for public school students in kindergarten and grades one through 12. The school may also be made available for students under age 21 who are in the physical custody of the Department of Juvenile Justice and the Department of Corrections. (c) The State Board of Education and the State Department of Education are authorized to provide for the creation, governing, and operation of the school through contract. (d) The State Board of Education is authorized to promulgate rules and regulations for the creation and operation of the Special K-12 Distance Learning School. Such rules and regulations shall ensure, in a manner consistent with the inherent differences between traditional education methods and the methods of a distance learning school, that students in the Special K-12 Distance Learning School receive instruction that complies to the extent feasible with the provisions of this title.
20-2-2102. The entity operating the Special K-12 Distance Learning School shall receive full QBE formula funds for each student enrolled and participating in the same manner as local boards of education receive such funds. The Special K-12 Distance Learning School shall report enrolled students and students attending in a manner consistent with Code Section 20-2-160. The rules promulgated by the State Board of Education may include procedures to ensure an accurate count of students enrolled and participating in the Special K-12 Distance Learning School.
20-2-2103. (a) Each teacher in the Special K-12 Distance Learning School shall hold and maintain a valid Georgia teaching certificate as defined by the Professional Standards Commission. (b) The Special K-12 Distance Learning School shall be subject to all reporting and accountability provisions in this chapter and Chapter 14 of this title."
SECTION 27. Said title is further amended by striking subsection (a) of Code Section 20-14-26, relating to powers and duties of the Office of Education Accountability, and inserting in lieu thereof the following:
"(a) The office shall have the following powers and duties:

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(1) To develop accountability systems with components that include but are not limited to expectations of student achievement, measurement of student achievement, data bases of such measurements, analysis of such data for trends in achievement, interventions, awards, the intended and efficient expenditure of allotted education funds, and public awareness of all such components; To create, with the approval of the State Board of Education, a performance-based accountability system, establish indicators of performance, rate schools and school systems, develop annual report cards for elementary, middle, and secondary schools, and formulate a system of school rewards and interventions. The State Board of Education shall approve no later than December 31, 2004, a single state-wide accountability system for local schools and school systems that incorporates federal law, rules, and regulations relating to accountability; (2) To create, develop, and recommend to the departments, boards, and offices represented on the council such additions, deletions, changes, or other modifications that will improve accountability systems that exist or may be created within or among the departments, boards, and offices represented on the council; (3)(2) To audit and inspect or cause to be audited or inspected for the purpose of verification, research, analysis, reporting, or for other purposes related to the performance of its powers and duties as provided in this article and for the purposes of auditing pre-kindergarten, elementary, middle grades, and secondary education, postsecondary education, and education work force programs and schools, local school systems, institutes, colleges, universities, regional educational service agencies, and other public education programs and entities as defined by the council; (4)(3) To assist the council in the development of a state-wide education student information system; (5)(4) To serve as staff to the council; and (6)(5) To exercise the powers and discharge duties of the council, as set forth in Code Section 20-14-8, under the supervision and oversight of the council."
SECTION 28. Said title is further amended by striking Part 3 of Article 2 of Chapter 14, relating to accountability assessment, and inserting in its place a new Part 3 to read as follows:
"Part 3
20-14-30. The office shall create and implement, with the approval of the council, a state-wide grades kindergarten through grade 12 accountability assessment program that is performance based to ensure school accountability for the goals of improved student achievement and improved school completion.
20-14-31. Except as otherwise provided in this article, the office shall establish the level levels of

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performance considered to be satisfactory on each assessment instrument administered under Code Section 20-2-281 by establishing the standard that should be achieved by students in each subject area at each grade level. Data and information regarding the establishment of the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.
20-14-32. The offices state education accountability analysis and reporting program shall obtain nationally comparative results and benchmarks for the subject areas and grade levels for which criterion-referenced and nationally normed reference assessment instruments are adopted, compare Georgia results to such results, and include the findings in the reports report required of the office in paragraph (2) of subsection (a) of Code Section 20-1427.
20-14-33. (a) The office shall adopt and biennially review, and revise as necessary, indicators of the quality of learning by students in an individual school. (b) The performance indicators of student achievement and school performance must be based on information that is disaggregated with respect to ethnicity, sex, disability, language proficiency, and socioeconomic status and must include:
(1) The results of assessment instruments required under Code Section 20-2-281, aggregated by grade level and subject area; (2) Dropout rates for each school; (3) Student attendance rates for each school; (4) School completion rates for each school; (5) The percentage of graduating students who attain scores on the Georgia high school graduation test required under Code Section 20-2-281 that are equivalent to a passing score on the test instrument until such time as the Georgia high school graduation test is discontinued as provided in Code Section 20-2-281; (6) The percentage of graduating students who meet the course requirements established for the recommended high school program by State Board of Education rule; (7) The percentage of students taking end-of-course assessment instruments under Code Section 20-2-281; (8) The percentage of high school students who pass the end-of-course assessment instrument in core subjects; (9) The results of the Scholastic Assessment Test or the ACT Assessment; (10) The percentage of students taking alternate assessments under subsection (d) of Code Section 20-2-281; (11) The average time that a student placed in an early intervention program remains before attaining grade level status and returning to regular status; and (12) Any other indicator the office recommends, the council approves, and the State Board of Education adopts.

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(c) Performance on the indicator shall be compared to state standards, progress on improved student achievement, and comparable performance. The state standard standards for comparison shall be established by the office as provided in Code Section 20-14-31. Required improvement is defined as the progress necessary for the school or local school system to meet state standards and for its students to meet exit requirements as defined by the office pursuant to Code Section 20-14-31. Comparable improvement is derived by measuring schools and local school systems against a profile developed from a total state student performance data base which exhibits substantial equivalence to the characteristics of students served by the school or system, including past academic performance, socioeconomic status, ethnicity, sex, disability, mobility, and language proficiency. Data and information regarding the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. (d) The office shall establish individual school ratings for each school in this state for annual academic performance on the assessment instruments required under Code Section 20-2-281, with:.
(1) A school grade of A, B, C, D, or F on the established absolute student achievement standard; (2) A school grade of A, B, C, D, or F for the school on the progress on improved student achievement; and (3) A school performance status on other school performance indicators as defined in subsection (b) of this Code section. (e) Annually, the office shall define exemplary, acceptable, and unacceptable performance for each academic excellence indicator included under in paragraphs (2) through (12) of subsection (b) of this Code section and shall project the standards for each of those levels of performance for succeeding years. Data and information regarding the establishment of the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. (f)(e) Each school system shall provide all student performance data and all other student school completion and attendance data to the Department of Educations educational information system in accordance with rules and timelines established by the office State Board of Education. (g)(f) The office shall develop, the council shall approve, and the State Board of Education shall adopt a uniform definition of 'dropout.' All schools and school systems shall report student dropout information to the Department of Educations educational information system in accordance with rules and timelines established by the state board as provided in subsection (b) of Code Section 20-2-167. Each school system shall cooperate with the office in determining whether a student is a dropout under this subsection and shall adopt the uniform definition of 'dropout.' Data and information regarding the establishment of the definition and the tracking of dropout and school completion data shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.

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(h)(g) The office shall develop, the council shall approve, and the State Board of Education shall adopt a uniform definition of a 'below grade level' student for purposes of placing students in the early intervention program under Code Section 20-2-153 and for purposes of tracking these students for accountability purposes. Data and information regarding the establishment of the definition shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. (i)(h) The office shall annually review the performance of each school on the indicators identified in subsection (b) of this Code section and determine whether a change in the school rating status of the school is warranted.
20-14-34. (a) Each school year, the office shall prepare and distribute to each school system a report card for each school in the State of Georgia. The school report cards must be based on the most current data available disaggregated by student groups. School performance must be compared to:
(1) Previous school and local school system performance; (2) Current school and local school system performance in relation to the absolute student achievement standards and progress on improved student achievement; and (3) Comparable school group performance; and (4) Any other indicators adopted by the State Board of Education. This report card on schools shall be the official state education performance report and supersedes all other reports that may be issued by departments of the state government for matters of funding, awards, and interventions. (b) The report card shall include the following information, where applicable: (1) The individual school grades ratings as defined provided for in subsection (d) of Code Section 20-14-33; (2) The academic excellence indicators identified in paragraphs (2) through (12) of subsection (b) of Code Section 20-14-33; (3) Teacher-student ratios; and (4) Administrative and instructional costs per student and other financial accounting information as may be required. (c) Each school year, the office shall prepare and distribute a state-wide report card, aggregated by school systems and disaggregated by student groups, reporting on the student performance and school completion results of each school in the state and a rating for each school based on the definitions as provided for in subsection (d) of Code Section 20-14-33. (d) The State Board of Education shall adopt rules requiring dissemination of appropriate student performance and school completion performance portions of school report cards annually to the parent, guardian, conservator, or other person having lawful control of each student at the school. On written request, the local school system shall provide a copy of a school report card to any other party. These reports shall be posted on a website at both the state and the Department of Education website and the existing website of such local school system level.

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20-14-35. (a) The office may:
(1) Conduct on-site audits of any school at any time, subject to the approval of the director; (2) Raise or lower any performance rating as a result of the audit; and (3) Review school fund accounting information and records to determine effective and efficient expenditure of state funds as allocated. (b) The director shall determine the frequency of on-site audits by the office according to annual comprehensive analyses of student performance and equity in relation to the academic excellence indicators and fund accounting assessments as adopted under subsection (b) of Code Section 20-14-34. (c) In making an on-site school performance audit, the auditor shall obtain information from administrators, teachers, and parents of students enrolled in the local school system. The audit may not be closed until information is obtained from each of those sources. The office shall adopt rules regarding obtaining information from parents and using that information in the auditors report and obtaining information from teachers in a manner that prevents a school or school system from screening the information. (d) The auditors shall report to the local board of education, the local school council, and appropriate school administrators and shall report findings and recommendations concerning any necessary improvements or intervention strategies. School audit reports shall be provided to the council and the State Board of Education. (e) The director may authorize other school audits to be conducted under the following circumstances: (1) When excessive numbers of absences of students eligible to be tested on state assessment instruments are determined; or (2) When a school or school system has not provided student performance information to the Department of Educations educational information system as required under subsection (b) of Code Section 20-2-167.
20-14-36. The office shall recommend, and the council State Board of Education shall adopt, written procedures for conducting on-site audits under this part. The office shall make the procedures available to the schools, school councils, local boards of education, and the public. Office staff shall be trained in audit procedures and shall follow such procedures in conducting the audit.
20-14-37. The Office of Student Achievement shall develop and the State Board of Education shall approve a Georgia schools awards system is created to recognize those schools and school systems that demonstrate progress or success in achieving the education goals of the state and achieving excellence on the office school rating system as defined provided for in Code Section 20-14-33.

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20-14-38. (a) Financial awards will be provided to the schools that the office director determines have demonstrated the greatest improvement in achieving the education goals of improved student achievement and improved school completion, subject to appropriation by the General Assembly and any limitation set by the director on the total amount that may be awarded to a school or local school system. (b) Financial awards will be provided to each school that is identified by the director achieves a grade of A or B as defined in Code Section 20-14-33 for performance on either or both the absolute student achievement standard excellence in student achievement and progress on student achievement. The certificated personnel in a school that achieves the grade of A or B is identified by the director as either a best performing school or better performing school in either or both categories will be provided a bonus for the year the school achieved those grades was identified of $1,000.00 for each grade of A best performing school designation and $500.00 for each grade of B better performing school designation. The maximum individual annual bonus for certificated personnel shall not exceed $2,000.00 and shall be provided subject to appropriation by the General Assembly or as otherwise may be provided. An additional financial award will be provided to each school for noncertificated personnel in the amount of $10,000.00 for each A grade for the school designation of best performing school and $5,000.00 for each B grade for the school designation of better performing school, provided that the total lump sum noncertificated personnel award for an individual school shall not exceed $20,000.00; provided, further, that funds for this purpose are appropriated by the General Assembly or as otherwise may be provided. The local school council of the school receiving this noncertificated personnel award shall determine the distribution of the award among such personnel of its school. (c) The Governor may present proclamations or certificates to schools and school systems determined to have met or exceeded the states education goals under Code Section 20-14-30.
20-14-39. The financial award system may be funded by donations, grants, or appropriation by the General Assembly or as otherwise provided. The State Board of Education may solicit and receive grants and donations for the purpose of making awards under this part. Award funds may be used by the State Board of Education to pay for the costs associated with sponsoring a ceremony to recognize or present awards to schools or school systems under this part. The donations, grants, or appropriations by the General Assembly shall be accounted for and distributed by the State Board of Education. The awards are subject to audit requirements established by the office State Board of Education.
20-14-40. All identifiable individual student performance data and information and reports

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received by the office, the Department of Education, and the State Board of Education under this part from schools or school systems shall be deemed confidential and may not be disclosed.
20-14-41. (a) If a school has a grade of D or F The State Board of Education shall by policies, rules, or regulations establish a coherent and sustained system of assistance and support for schools not meeting identified levels of achievement or not showing specified levels of progress as determined by the office. The State Board of Education shall by policies, rules, or regulations specify appropriate levels of assistance and intervention for schools that receive an unacceptable rating on student performance for the absolute student achievement standard or on progress on improved student achievement. as determined by the office, the office, in the audit report on an individual school, shall report findings and recommend appropriate levels of interventions for that school, based on a scale of increasingly severe interventions, to the State Board of Education. The In specifying levels of assistance and intervention, the State Board of Education shall prescribe the appropriate level of intervention and consider the number of years a school has received an unacceptable rating and may include one or more of the following increasingly severe interventions:
(1) Issuing public notice of the deficiency to the local board of education; (2) Ordering a hearing to be conducted at the school by the local board of education with the participation of the school council for the purpose of notifying the public of the unacceptable performance, the improvements in performance expected by the office, and the interventions that may be imposed under this Code section if the performance does not improve within a designated period of time and of soliciting public comment on the initial steps being taken to improve performance; (3) Ordering the preparation of an intensive student achievement improvement plan that addresses each academic excellence indicator for which the schools performance is unacceptable, the submission of the plan to the director State Board of Education for approval, and implementation of the plan; (4) Appointing a Department of Education school improvement team to:
(A) Conduct a comprehensive on-site evaluation of each low-performing school to determine the cause for the schools low performance and lack of progress that includes presentations by the chairperson of the local board of education, the school principal, a parent member of the local school council, and other school personnel; (B) Recommend actions, including reallocation of resources and technical assistance, changes in school procedures or operations, staff development professional learning focused on student achievement for instructional and administrative staff, intervention for individual administrators or teachers, instructional strategies based on scientifically based research, waivers from state statutes or rules, adoption of policies and practices to ensure all groups of students meet the states proficiency level, extended instruction time for low-performing students, strategies for parental involvement, incorporation of a teacher mentoring

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program, smaller class size for low-performing students, or other actions the team considers appropriate; (C) Assist in the development of an intensive school improvement plan focused on student achievement required by paragraph (3) of this subsection; and (D) Assist the director in monitoring Monitor the progress of the school in implementing the intensive school improvement plan focused on student achievement; (5) If a school has received a grade of D or F an unacceptable rating for a period of two consecutive years or more, appointing a school master or management team to oversee and direct the duties of the principal of the school in relation to the school until school performance improves and the school is released from intervention by the director, with the cost of the master or management team to be paid by the state; or (6) If a school has received a grade of D or F an unacceptable rating for a period of three consecutive years or more, the State Board of Education shall implement one or more of the following interventions or sanctions, in order of severity: (A) Removal of school personnel on recommendation of the master or the school improvement team, including the principal and personnel whose performance has continued not to produce student achievement gains over a three-year period as a condition for continued receipt of state funds for administration; (B) Allow for the implementation of a state charter school through the designation by the State Board of Education; (C) Mandate the complete reconstitution of the school, removing all personnel, appointing a new principal, and hiring all new staff. Existing staff may reapply for employment at the newly reconstituted school but shall not be rehired if their performance regarding student achievement has been negative for the past three years; (D) Mandate that the parents have the option to relocate the student to other public schools in the local school system to be chosen by the parents of the student with transportation costs borne by the system; or (E) Mandate a monitor, master, or management team in the school that shall be paid by the district and which may be secured through contract; (F) Continue the intensive student achievement improvement plan provided for in paragraph (3) of this subsection; or (G) Mandate a complete restructuring of the schools governance arrangement and internal organization of the school. (b) If a school has received an unacceptable rating for a period of two consecutive years or more, the following interventions shall be imposed automatically in accordance with rules and regulations established by the State Board of Education and in addition to any other interventions imposed by the State Board of Education pursuant to this subsection or subsection (a) of this Code section: (1) Mandated public school choice; (2) Specified maximum class sizes; and (3) Site based expenditure controls.

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At its discretion, the State Board of Education shall also be authorized to impose additional restrictions or mandates on schools subject to this subsection, as deemed appropriate by the State Board of Education and in accordance with its rules and regulations. (c) The State Board of Education shall clearly define the powers and duties of a master or management team appointed to oversee the operations of a school. (c)(d) A school improvement team appointed under this Code section may consist of currently employed or retired teachers, principals, other educational professionals, Department of Education school improvement employees, or local school superintendents recognized for excellence in their roles and appointed by the State Board of Education to serve as members of a team. (d)(e) The State Board of Education shall annually report by June 30 October 31 of each year the status of the interventions imposed on low-performing schools to the office with recommendations regarding ending, extending, or upgrading the interventions on those schools. The director shall review and respond to the report."
SECTION 29. The Official Code of Georgia Annotated is amended by striking from the following Code sections the name "Office of Education Accountability" wherever the same shall occur and inserting in lieu thereof the name "Office of Student Achievement":
(1) Code Section 20-2-154.1, relating to alternative education programs; (2) Code Section 20-2-212.3, relating to increasing teachers salaries in areas of shortage and criteria for determining shortage; (3) Code Section 20-2-283, relating to criteria and specific requirements for the development of a placement and promotion policy; (4) Code Section 20-2-286, relating to Georgia Closing the Achievement Gap Commission; (5) Code Section 20-14-6, relating to selection of personnel to support the Education Coordinating Council; (6) Code Section 20-14-8, relating to general powers and duties of the Education Coordinating Council; (7) Code Section 20-14-20, relating to definitions regarding education accountability assessment programs; (8) Code Section 20-14-25, relating to the creation of the Office of Education Accountability; (9) Code Section 47-3-127.1, relating to employment of retired teacher as full-time teacher; and (10) Code Section 50-18-72, relating to when public disclosure of government records is not required.
SECTION 30. Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be issued a drivers license, school attendance requirements, and driving training

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requirements, is amended by striking subsection (a.1) and inserting in lieu thereof the following:
"(a.1)(1) The department shall not issue an instruction permit or drivers license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction permit or drivers license the applicant presents acceptable proof that he or she has received a high school diploma, a general educational development (GED) equivalency diploma, a special diploma, or a certificate of high school completion, has permission of his or her parent or guardian to withdraw from school, or has terminated his or her secondary education and is enrolled in a postsecondary school, pursuing a general educational development (GED) diploma, or the records of the department indicate that said applicant:
(A) Is enrolled in and not under suspension from a public or private school and satisfies relevant attendance requirements as set forth in paragraph (2) of this subsection; or (B) Is enrolled in a home education program that satisfies the requirements of all state laws governing such courses. (2) The department shall forthwith notify by certified mail or statutory overnight delivery, return receipt requested, any minor issued an instruction permit or drivers license in accordance with this subsection other than a minor who has terminated his or her secondary education and is enrolled in a postsecondary school or who has permission of his or her parent or guardian to withdraw from school or who is pursuing a general educational development (GED) diploma` that such minors instruction permit or drivers license is suspended subject to review as provided for in this subsection if the records of the department indicate that such minor: (A) Has dropped out of school without graduating and has remained out of school for ten consecutive school days; (B) Has more than ten consecutive school days of unexcused absences in any semester or combination of two consecutive quarters; or (C) Has been suspended from school for:
(i) Threatening, striking, or causing bodily harm to a teacher or other school personnel; (ii) Possession or sale of drugs or alcohol on school property; or (iii) Possession or use of a weapon on school property. For purposes of this subparagraph, the term 'weapon' shall be defined in accordance with Code Section 16-11-127.1 but shall not include any part of an archeological or cultural exhibit brought to school in connection with a school project; (iv) Any sexual offense prohibited under Chapter 6 of Title 16; or (v) Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student; or (D) Has been suspended from school, for any reason, for more than ten cumulative days. Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the persons last known address shall be prima-facie evidence that

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such person received the required notice. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or drivers license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period to end upon the date of such minors eighteenth birthday, but such minors instruction permit or drivers license shall be reinstated if the minor submits evidence satisfactory to the department that he or she has resumed regular studies as determined by the State Board of Education or is pursuing a general educational development (GED) diploma and qualifies for an instruction permit or drivers license under the provisions of this subsection, upon payment of a restoration fee of $50.00; provided, however, that any instruction permit or drivers license suspended pursuant to subparagraph (C) or (D) of this paragraph shall not be reinstated until 90 days six months after the effective date of the suspension of such permit or license by the department or for the duration of the minors suspension from school, whichever is longer. (3) The State Board of Education and the commissioner of motor vehicle safety are authorized to promulgate rules and regulations to implement the provisions of this subsection."
SECTION 31. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 32. All laws and parts of laws in conflict with this Act are repealed.

Representative Holmes of the 48th, Post 1 moved that the House disagree to the Senate substitute to HB 1190.

Representative Burkhalter of the 36th moved that the House agree to the Senate substitute to HB 1190.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe

Y Day Dean Deloach

Y Hill, C.A N Hill, V Y Hines

N Mitchell N Mobley N Moraitakis

N Sholar N Sims N Sinkfield

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

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

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

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

On the motion, the ayes were 68, nays 87. The motion was lost. The House has disagreed.

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

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 449. By Senators Seabaugh of the 28th and Balfour of the 9th:
A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the O.C.G.A., relating to accountants, so as to repeal certain provisions relating to registered public accountants; to provide that public accountants shall upon

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application be certificated as certified public accountants; to remove references to registered public accountants; to amend Chapter 40 of Title 43 of the O.C.G.A., relating to real estate brokers and salespersons; to amend Article 13 of Chapter 1 of Title 7 of the O.C.G.A., relating to licensing of mortgage lenders and mortgage brokers, to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Representative Jamieson of the 22nd moved that the House adhere to its position in insisting on its substitute to SB 449 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Greene of the 134th, Jamieson of the 22nd and Houston of the 139th.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 502. By Senators Thomas of the 54th and Unterman of the 45th:
A BILL to be entitled an Act to amend Code Section 16-13-71 of the Official Code of Georgia Annotated, relating to the definition of dangerous drug, so as to change certain provisions relating to Schedule II; to change certain provisions relating to general registration requirements; to regulate certain opioid treatments; to change certain provisions relating to the definition of dangerous drug; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to revise definitions relating to regulation of controlled

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substances; to change certain provisions relating to transactions in drug related objects; to provide for limitations on the distribution of single entity doses of pseudoephedrine and ephedrine; to change certain provisions relating to the definition of dangerous drug; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended in Code Section 16-13-21, relating to definitions relative to regulation of controlled substances, by adding a new paragraph to the end of such Code section to read as follows:
"(30) 'Single entity dose' means a drug product which is manufactured, packaged, or sold and contains only one active ingredient per individual dose of medication and is not manufactured, packaged, or sold in combination with two or more active ingredients per individual dose of medication."
SECTION 2. Said chapter is further amended in Code Section 16-13-32, relating to transactions in drug related objects, by striking subsection (c) in its entirety and inserting in lieu thereof the following:
"(c) It shall be unlawful for any person or corporation, other than a licensed pharmacist, a pharmacy intern or pharmacy extern as defined in Code Section 26-4-5, or a practitioner licensed to dispense Legend Drugs dangerous drugs, to sell, lend, rent, lease, give, exchange, or otherwise distribute to any person a hypodermic syringe or needle designed or marketed primarily for human use. It shall be an affirmative defense that the hypodermic syringe or needle was marketed for a legitimate medical purpose."
SECTION 3. Said chapter is further amended by inserting a new Code section after Code Section 1613-32.6, relating to manufacturing, distributing, dispensing, or possessing with intent to distribute controlled substance or marijuana in, on, or within drug-free commercial zone, to read as follows:
"16-13-32.7. It shall be unlawful for any person or corporation, other than a licensed pharmacist, a pharmacy intern or pharmacy extern as defined in Code Section 26-4-5, or a practitioner licensed to dispense dangerous drugs, to sell, dispense, give, or otherwise distribute a single entity dose of pseudoephedrine or ephedrine."
SECTION 4. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by striking paragraphs (509.1), (573), (641.1), (663.5), (931.9), and

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(931.85) of subsection (b) and inserting in lieu thereof the following: "(509.1) Ketoconazole; -- See exceptions;" "(573) Methachloine Methacholine;" "(641.1) Nicotin Nicotine resin complex (polacrilex) -- See exceptions;" "(663.5) Omeprazole -- See exceptions;" "(931.9)(931.85) Terazosin; (931.85)(931.9) Tenofovir;".
SECTION 5. Said Code section is further amended in subsection (b) by inserting new paragraphs to read as follows:
"(.035) Abarelix;" "(19.65) Alfuzosin;" "(62.4) Aprepitant;" "(63.5) Aripiprazole;" "(67.72) Atazanavir;" "(105.3) Bortezomib;" "(192.7) Cilostazol;" "(240.3) Daptomycin;" "(331.072) Emtricitabine;" "(332.2) Enfuvirtide;" "(332.9) Epinastine;" "(334.4) Eplerenone;" "(348.722) Escitalopram;" "(380.7) Ezetimibe;" "(383.15) Ferric Hexacyanoferrate;" "(406.3) Fosamprenavir;" "(412.04) Gefitinib;" "(412.2) Gemifloxacin;" "(463.03) Ibandronate;" "(553.5) Memantine;" "(617.22) Midubosathol;" "(617.44) Miglustat;" "(644.72) Nitazoxanide;" "(666.4) Oxaliplatin;" "(681.5) Palonosetron;" "(692.52) Pegvisomant;" "(845.8) Rosuvastatin;" "(1025.5) Vardenafil;".
SECTION 6. Said Code section is further amended in subsection (c) by inserting a new paragraph to read as follows:

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"(16.9) Omeprazole -- when a single dosage unit is 20.6 mg. or less;".
SECTION 7. Said Code section is further amended in subsection (c) by striking paragraph (28.5) and inserting in lieu thereof the following:
"(28.5) Triprolidine -- when a single dose is 5 mg. or less when combined in the same preparation as one or more other drug products for use as an antihistamine or decongestant or an antihistimine antihistamine and decongestant;".
SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Childers of the 13th, Post 1 et al., was read and adopted:

A BILL
To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to transactions in drug related objects; to authorize use of certain forfeiture proceeds for a state law enforcement museum; to change certain provisions relating to the definition of dangerous drug; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended in Code Section 16-13-32, relating to transactions in drug related objects, by striking subsection (c) in its entirety and inserting in lieu thereof the following:
"(c) It shall be unlawful for any person or corporation, other than a licensed pharmacist, a pharmacy intern or pharmacy extern as defined in Code Section 26-4-5, or a practitioner licensed to dispense Legend Drugs dangerous drugs, to sell, lend, rent, lease, give, exchange, or otherwise distribute to any person a hypodermic syringe or needle designed or marketed primarily for human use. It shall be an affirmative defense that the hypodermic syringe or needle was marketed for a legitimate medical purpose."

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SECTION 2. Said chapter is further amended in Code Section 16-13-49, relating to forfeitures of property relative to controlled substances violations, by striking division (u)(4)(D)(i) and inserting in lieu thereof the following:
'(D)(i) Property and money distributed to a local government shall be passed through to the local law enforcement agency until the sum equals 33 1/3 percent of the amount of local funds appropriated or otherwise made available to such agency for the fiscal year in which such funds are distributed. Proceeds received may be used for any official law enforcement purpose except for the payment of salaries or rewards to law enforcement personnel, at the discretion of the chief officer of the local law enforcement agency, or may be used to fund victim-witness assistance programs or a state law enforcement museum. Such property shall not be used to supplant any other local, state, or federal funds appropriated for staff or operations.'"
SECTION 3. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by striking paragraphs (509.1), (573), (641.1), (663.5), (931.9), and (931.85) of subsection (b) and inserting in lieu thereof the following:
"(509.1) Ketoconazole; -- See exceptions;" "(573) Methachloine Methacholine;" "(641.1) Nicotin Nicotine resin complex (polacrilex) -- See exceptions;" "(663.5) Omeprazole -- See exceptions;" "(931.9)(931.85) Terazosin; (931.85)(931.9) Tenofovir;".
SECTION 4. Said Code section is further amended in subsection (b) by inserting new paragraphs to read as follows:
"(.035) Abarelix;" "(19.65) Alfuzosin;" "(62.4) Aprepitant;" "(63.5) Aripiprazole;" "(67.72) Atazanavir;" "(105.3) Bortezomib;" "(192.7) Cilostazol;" "(240.3) Daptomycin;" "(331.072) Emtricitabine;" "(332.2) Enfuvirtide;" "(332.9) Epinastine;" "(334.4) Eplerenone;" "(348.722) Escitalopram;" "(380.7) Ezetimibe;"

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"(383.15) Ferric Hexacyanoferrate;" "(406.3) Fosamprenavir;" "(412.04) Gefitinib;" "(412.2) Gemifloxacin;" "(463.03) Ibandronate;" "(553.5) Memantine;" "(617.22) Midubosathol;" "(617.44) Miglustat;" "(644.72) Nitazoxanide;" "(666.4) Oxaliplatin;" "(681.5) Palonosetron;" "(692.52) Pegvisomant;" "(845.8) Rosuvastatin;" "(1025.5) Vardenafil;".
SECTION 5. Said Code section is further amended in subsection (c) by inserting a new paragraph to read as follows:
"(16.9) Omeprazole -- when a single dosage unit is 20.6 mg. or less;".
SECTION 6. Said Code section is further amended in subsection (c) by striking paragraph (28.5) and inserting in lieu thereof the following:
"(28.5) Triprolidine -- when a single dose is 5 mg. or less when combined in the same preparation as one or more other drug products for use as an antihistamine or decongestant or an antihistimine antihistamine and decongestant;".
SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Hill of the 147th, Graves of the 106th and Boggs of the 145th move to amend the Floor substitute to SB 502 by inserting between "as" and "to" on line 2 of page 1 the following:

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"to include in Code Section 16-13-2, relating to conditional discharge for possession of controlled substances as first offense, persons who are addicted to a controlled substance or alcohol and persons who commit nonviolent property crimes related to their addiction to a controlled substance or alcohol; to provide that a discharge and dismissal under this provision shall be without a court adjudication of guilt;".
By inserting between lines 7 and 8 of page 1 the following:
"SECTION 1. Code Section 16-13-2 of the Official Code of Georgia Annotated, relating to conditional discharge for possession of controlled substances as first offense, is amended by adding a new subsection (c) to read as follows:
'(c) Persons charged with an offense enumerated in subsection (a) of this Code section and persons charged for the first time with nonviolent property crimes which, in the judgment of the court exercising jurisdiction over such offenses, were related to the accuseds addiction to a controlled substance or alcohol who are eligible for any court approved drug treatment program may, in the discretion of the court and with the consent of the accused, be sentenced in accordance with subsection (a) of this Code section. The probated sentence imposed may be for a period of up to five years. No discharge and dismissal without court adjudication of guilt shall be entered under this subsection until the accused has made full restitution to all victims of the charged offenses. Discharge and dismissal under this Code section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this Code section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this Code section may not be used to disqualify a person in any application for employment or appointment to office in either the public or private sector.'"
By renumbering Sections 1 through 8 as Sections 2 through 9, respectively.

The Floor substitute, as amended, was adopted.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister

Y Day Dean
Y Deloach Y Dix

Y Hill, C.A Y Hill, V Y Hines Y Holmes

Y Mitchell Y Mobley Y Moraitakis Y Morris

Y Sholar Y Sims Y Sinkfield Y Skipper

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

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

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

Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham
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 Roberts, J Y Roberts, L
Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

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

On the passage of the Bill, by substitute, as amended, the ayes were 145, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representatives Forster of the 3rd, Post 1 and Williams of the 61st, Post 2 stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:

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3321

The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 656. By Representatives Chambers of the 53rd, Ehrhart of the 28th, Oliver of the 56th, Post 2, Jamieson of the 22nd, Moraitakis of the 42nd, Post 4 and others:
A BILL to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to require that consumer reporting agencies notify consumers when a person other than a person with whom the consumer already has a business relationship makes an inquiry concerning the consumer's file with such agency; and for other purposes.
HB 1147. By Representatives Crawford of the 91st and Ray of the 108th:
A BILL to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide for orders issued by the Commissioner of Agriculture; to provide for administrative and judicial review of such orders; to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to change certain provisions relating to judicial review of contested cases; and for other purposes.
HB 1179. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Stephens of the 123rd, Channell of the 77th and Buckner of the 82nd:
A BILL to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to establish greater penalties for simple assault and simple battery when the victim of such an offense is a public school employee engaged in official duties or on school property; to provide a definition of school property for such offenses and battery; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary schools, so as to provide that the offense of disrupting the operation of a public school applies to disruption of public school buses and established public school bus stops; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 1168. By Representatives Rice of the 64th, Parham of the 94th, Keen of the 146th, Reece of the 21st, Brown of the 89th and others:

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A BILL to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to change certain provisions relating to examination of applicants; to provide that licensed driver training schools may conduct road tests for applicants for drivers' licenses; to provide for approval by the department of driver training schools; to provide that it shall be a misdemeanor to a licensed driving instructor to falsely certify that an applicant has passed a road test; and for other purposes.
The Senate insists on its substitute to the following bill of the House:
HB 1028. By Representative Powell of the 23rd:
A BILL to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative findings; to create the Georgia Hospital Insurance Authority; to provide a short title; to provide for definitions; to provide for the members of the authority and their selection, service, and terms of office; and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 465. By Senators Thomas of the 2nd and Johnson of the 1st:
A BILL to be entitled an Act to amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The Senate insists on its substitute to the following bill of the House:
HB 1190. By Representatives O`Neal of the 117th, Coleman of the 65th, Burkhalter of the 36th and Golick of the 34th, Post 3:
A BILL to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for the revision of certain provisions regarding education flexibility and accountability; to change certain provisions regarding school councils; to change certain provisions regarding early intervention programs; to change certain provisions regarding budgeting, funding, and accounting; to change certain provisions regarding program weights; to change certain provisions regarding effectiveness assessment; to amend the Official Code of Georgia Annotated, so as to change the name "Office of

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Education Accountability" to "Office of Student Achievement"; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 596. By Senator Smith of the 25th:
A RESOLUTION honoring Mrs. Rosa Proctor and designating the Pettigrew Road Bridge in Milledgeville, Georgia, the Rosa Proctor Bridge; and for other purposes.

By unanimous consent, the following Resolution of the Senate was read the first time and referred to the Committee:

SR 596. By Senator Smith of the 25th:
A RESOLUTION honoring Mrs. Rosa Proctor and designating the Pettigrew Road Bridge in Milledgeville, Georgia, the Rosa Proctor Bridge; and for other purposes.

Referred to the Committee on Transportation.

The following Resolution of the Senate was taken up for the purpose of considering the Senate amendment to the House amendment thereto:

SR 66.

By Senator Brown of the 26th:
A RESOLUTION designating the William S. Hutchings Bridge at the Interstate 75 South and SR 74 interchange in Macon; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend the House amendment to SR 66 as follows:

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By striking line 2 of page 1 through line 3 of page 2 and inserting in lieu thereof the following:
"Amend SR 66 by striking lines 1 through 20 of page 1 and inserting in lieu thereof the following:
'Designating certain portions of the state highway system; repealing part of a certain resolution naming a portion of the state highway system; and for other purposes.
PART I
Part I of a Resolution Designating the Thelma "T-Lady" Ross Bridge at the Interstate 75 South and U.S. 80 interchange in Macon, approved June 4, 2003 (Ga. L. 2003, p. 934), is hereby repealed.
PART II
WHEREAS, Thelma Daniels Ross, known affectionately as "T-Lady," served Mercer University for 52 years until she passed from this life on August 12, 2001; and
WHEREAS, with her passing, Mercer has lost one of its truly great treasures whose name became synonymous with that of the university; and
WHEREAS, whether she was working in the dining hall or the snack bar which she ultimately managed, she gave unselfishly to the university and the students she loved; and
WHEREAS, she was a strong proponent of scholarship and academic achievement, and she stressed the importance of education to all students she encountered; and
WHEREAS, it is only fitting and proper that her memory be honored by the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge at the Interstate 75 South and SR 74 interchange in Macon is designated the Thelma "T-Lady" Ross Bridge, and the Department of Transportation is authorized and directed to erect and maintain signs so identifying the bridge.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and the family of Thelma Daniels Ross.
PART III
WHEREAS, William S. "Bill" Hutchings was a pillar of the Macon community, whose

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influence touched numerous aspects of community life from education to business; and
WHEREAS, he owned and managed one of the oldest black businesses in Bibb County, and he served many years on the Bibb County Board of Education; and
WHEREAS, he served in the U.S. Army during World War II and afterwards graduated from Lincoln University and Atlanta College of Mortuary Science; and
WHEREAS, he was the first African American to be elected county-wide in Bibb County since Reconstruction, the first African American to be appointed to the Georgia State Board of Funeral Services, and the first African American to serve as president of such board; and
WHEREAS, Mr. Hutchings passed from this life on December 8, 2000, and it is only fitting and proper that his memory be honored by the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge at the Interstate 75 South and U.S. 80 interchange in Macon is designated the William S. Hutchings Bridge, and the Department of Transportation is authorized and directed to erect and maintain signs so identifying the bridge.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and the family of William S. Hutchings.
PART IV
WHEREAS, Judge Jim Weeks is an outstanding and distinguished Georgian and resident of DeKalb County who has resided in the state for 43 years; and
WHEREAS, Judge Jim Weeks has served as an exemplary judge for over 20 years, as a superior court judge for the Stone Mountain Judicial Circuit from 1982-2000 and as a senior judge for the State of Georgia since 2000; and
WHEREAS, he has many ties to the DeKalb and Atlanta areas and, since receiving his LLB from Emory University in 1961 and his law degree from Emory University in 1970, he has worked in private practice in Atlanta and Decatur for 21 years, served as the County Attorney for DeKalb County, Special Assistant Attorney General, and Assistant City Attorney for the City of Atlanta; and
WHEREAS, it is fitting and proper that the numerous contributions and achievements of this exceptional Georgian be appropriately recognized.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of LaVista Road, State Route 236, and Oak Grove Road in DeKalb County is designated the Judge Jim Weeks Intersection.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate signs designating such intersection.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Judge Jim Weeks and the Department of Transportation.'"

Representative Randall of the 107th moved that the House agree to the Senate amendment to the House amendment to SR 66.

On the motion, 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 Y Black
Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter Y Burmeister Y Butler E Campbell Y Casas Y Chambers
Channell Y Childers Y Coan E Coleman, B Y Cooper

Day Dean Y Deloach Dix Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes E Ehrhart Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Fludd Forster Franklin Y Gardner Y Golick Y Graves, D Graves, T Y Greene Y Greene-Johnson Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath E Heckstall Y Hembree

Hill, C.A Hill, V Y Hines Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson E Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Joyce Keen Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Manning Marin Y Martin E Massey Y Maxwell Y McBee E McCall Y McClinton

Y Mitchell Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B
Oliver, M Y O'Neal Y Orrock Y Parham
Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L
Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott

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
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet
Teper Y Thomas Morgan Y Thomas, A.M E Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland Y White
Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix

Y Crawford Y Cummings

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Y Henson Y Hill, C

Y Millar Mills

Shaw Y Sheldon

On the motion the ayes were 133, nays 0. The motion prevailed.

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Yates Coleman, Speaker

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 584. By Senators Unterman of the 45th, Adelman of the 42nd and Levetan of the 40th:
A BILL to be entitled an Act to amend Code Section 45-20-51 of the Official Code of Georgia Annotated, relating to definitions concerning voluntary deductions from wages or salaries of state employees for the benefit of charitable organizations, so as to include as eligible charitable organizations federated charitable organizations with offices in this state that provide international health and welfare services; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 45-20-51 of the Official Code of Georgia Annotated, relating to definitions concerning voluntary deductions from wages or salaries of state employees for the benefit of charitable organizations, so as to include as eligible charitable organizations certain federated charitable organizations that provide international health and welfare services; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 45-20-51 of the Official Code of Georgia Annotated, relating to definitions concerning voluntary deductions from wages or salaries of state employees for the benefit of charitable organizations, is amended by striking subparagraph (B) of paragraph (3) and inserting in lieu thereof a new subparagraph (B) to read as follows:

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"(B) Provides direct and substantial services on a state-wide basis; is one of the federated charitable organizations that coordinates fund raising and allocations for at least five local charitable organizations in the various geographic areas in which employees are solicited; is a federation of at least five state-wide and local charitable organizations which are otherwise qualified under this article and which federation expends all funds collected under this article to serve Georgia residents and programs; or is a health, welfare, educational, or environmental restoration or conservation agency which is a member of a federated, nonsectarian, nonpolitical, eligible voluntary charitable organization subject to such rules and regulations as the board may prescribe; or is a federated charitable organization that provides direct and substantial health and welfare services internationally whose activities do not require a local presence or provision of local services, which is authorized and certified by the Secretary of State to transact business in Georgia, which is compliant with the U.S. Office of Personnel Managements regulations issued pursuant to the authority of 5 C.F.R. 950.201 and 950.202 for charities participating in the Combined Federal Campaign, which has a registered agent in Georgia, and which otherwise meets the criteria of this paragraph;".
SECTION 2. 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 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 Y Brown E Bruce

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes E Ehrhart
Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster
Franklin

Y Hill, C.A 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
Joyce Y Keen
Knox

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock Y Parham
Parrish Y Parsons Y Porter Y Powell Y Purcell

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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper

Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter Y Burmeister Y Butler E Campbell Y Casas Y Chambers
Channell Y Childers Y Coan E Coleman, B Y Cooper Y Crawford Y Cummings

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Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K Y Heath E Heckstall Y Hembree Y Henson Y Hill, C

Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee E McCall
McClinton Y Millar Y Mills

Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

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Y Thomas Morgan Y Thomas, A.M E Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson 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 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Lucas of the 105th District, Chairman of the Committee on Public Utilities and Telecommunications, submitted the following report:
Mr. Speaker:
Your Committee on Public Utilities and Telecommunications has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 445 Do Pass SB 563 Do Pass, by Substitute

Respectfully submitted, /s/ Lucas of the 105th
Chairman

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

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SB 148. By Senators Squires of the 5th and Clay of the 37th:
A BILL to be entitled an Act to amend Part 6 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to deprivation, so as to change and reorganize provisions relating to allegedly deprived children; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to amend certain provisions relating to court supervision fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking Code Section 15-11-71 of the Official Code of Georgia Annotated, relating to juvenile court supervision fees, and inserting a new Code section to read as follows:
"15-11-71. (a) The purpose of this Code section is to allow the juvenile courts of Georgia to collect supervision fees from those who are placed under the courts formal or informal supervision in order that the court may use those fees to expand the provision of the following types of ancillary services:
(1) Housing in nonsecure facilities that meet the requirements of Code Section 15-1148; (2) Educational services, tutorial services, truancy intervention services or both any combination thereof; (3) Counseling and diagnostic testing; (4) Mediation; (5) Transportation to and from court ordered services; (6) Restitution programs; and (7) Job development or work experience programs. (b) The juvenile court may order each delinquent or unruly child who receives supervision under paragraph (2), (5), or (6) of subsection (a) of Code Section 15-11-66, or Code Section 15-11-67, or paragraph (2) of subsection (a) of counsel and advice pursuant to Code Section 15-11-69 to pay:

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(1) An initial court supervision users fee of not less than $10.00 nor more than $200.00; and (2) A court supervision users fee of not less than $2.00 nor more than $30.00 for each month that the child receives supervision to the clerk of the court. The child and each parent, guardian, or legal custodian of the child may be jointly and severally liable for the payment of the fee and shall be subject to the enforcement procedure stated in subsection (b) of Code Section 15-11-8. The judge shall attempt to provide that any such fees shall be imposed on such terms and conditions as shall assure that the funds for the payment are from moneys earned by the child. All moneys collected by the clerk under this subsection shall be transferred to the county treasurer, or such other county official or employee who performs duties previously performed by said treasurer, who shall deposit the moneys into a county supplemental juvenile services fund. The governing authority of the county shall appropriate moneys from the county supplemental juvenile services fund to the juvenile court for the courts discretionary use in providing supplemental community based services described in subsection (a) of this Code section to offenders who are children. These funds shall be administered by the county and the court may draw upon them by submitting invoices to the county. The county supplemental juvenile services fund may be used only for these services. Any moneys remaining in the fund at the end of the county fiscal year shall not revert to any other fund but shall continue in the county supplemental juvenile services fund. The county supplemental juvenile services fund may not be used to replace other funding of services. (c) For the purpose of this Code section, the term 'guardian' or 'legal custodian' shall not be interpreted or construed to include the Department of Human Resources."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Stephenson of the 60th, Post 1 et al. move to amend the Committee substitute to SB 148 by striking lines 2 and 3 of page 1 and inserting in lieu thereof the following:
"juvenile proceedings, parental rights, and mental incompetency and dependency for juveniles, so as to change the jurisdiction of the juvenile court to include certain children under 18 years of age; to change definitions; to provide for jurisdiction as a court of inquiry regarding certain persons over 18 years of age; to conform provisions in such chapter to the change in jurisdiction; to provide for notification of the juvenile court if a person who appears to be under the age of 18 is confined in a jail for adults and transfer of such person; to provide for commitment of children 13 to 18 years of

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age to the custody of the Department of Corrections; to amend certain provisions relating to court supervision fees; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes."
By redesignating Section 1 as Section 8 and by inserting new Sections 1 through 7 to read as follows:
"SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, parental rights, and mental incompetency and dependency for juveniles, is amended in Code Section 15-11-2, relating to definitions, by striking in its entirety paragraph (2) and inserting in lieu thereof the following:
'(2) "Child" means any individual who is: (A) Under the age of 17 18 years; or (B) Under the age of 21 years, who committed an act of delinquency before reaching the age of 17 18 years, and who has been placed under the supervision of the court or on probation to the court; or (C) Under the age of 18 years, if alleged to be a "deprived child" or a "status offender" as defined by this Code section'
SECTION 2. Said chapter is further amended in Code Section 15-11-4, relating to the juvenile court as a court of inquiry and a court of record, and issuance of warrants, by striking subsection (a) in its entirety and inserting in lieu thereof the following:
'(a) Court of inquiry. The juvenile court shall have jurisdiction to act as a court of inquiry with all the powers and rights allowed courts of inquiry in this state and to examine or investigate into the circumstances or causes of any conduct or acts of any person 17 18 years of age or over that may be in violation of the laws of this state whenever the person is brought before the court in the course of any proceeding instituted under this article. The court shall cause the person to be apprehended and brought before it upon either a writ of summons, a warrant duly issued, or by arrest. Where, after hearing evidence, the court has reasonably ascertained that there is probable cause to believe that the person has committed a misdemeanor or felony as prescribed under the laws of this state, the court shall commit, bind over to the court of proper jurisdiction in this state, or discharge the person. When justice shall require, the court shall cause the person to make the bond or bail as the court shall deem proper under the circumstances, to cause the person to appear before the court of proper jurisdiction in this state to be acted upon as provided by law.'
SECTION 3. Said chapter is further amended in Code Section 15-11-28, relating to the jurisdiction of the juvenile court, by striking in their entirety paragraph (2) of subsection (b) and subsection (d) and inserting in lieu thereof the following:

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'(2)(A) The superior court shall have exclusive jurisdiction over the trial of any child 13 to 17 18 years of age who is alleged to have committed any of the following offenses:
(i) Murder; (ii) Voluntary manslaughter; (iii) Rape; (iv) Aggravated sodomy; (v) Aggravated child molestation; (vi) Aggravated sexual battery; or (vii) Armed robbery if committed with a firearm. (A.1) The granting of bail or pretrial release of a child charged with an offense enumerated in subparagraph (A) of this paragraph shall be governed by the provisions of Code Section 17-6-1. (B) After indictment, the superior court may after investigation and for extraordinary cause transfer any case involving a child 13 to 17 18 years of age alleged to have committed any offense enumerated in subparagraph (A) of this paragraph which is not punishable by loss of life, imprisonment for life without possibility of parole, or confinement for life in a penal institution. Any such transfer shall be appealable by the State of Georgia pursuant to Code Section 5-7-1. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate. Any case transferred by the superior court to the juvenile court pursuant to this subparagraph shall be subject to the designated felony provisions of Code Section 15-11-63 and the transfer of the case from superior court to juvenile court shall constitute notice to the child that such case is subject to the designated felony provisions of Code Section 15-11-63. (C) Before indictment, the district attorney may, after investigation and for extraordinary cause, decline prosecution in the superior court of a child 13 to 17 18 years of age alleged to have committed an offense specified in subparagraph (A) of this paragraph. Upon declining such prosecution in the superior court, the district attorney shall immediately withdraw the case and lodge it in the appropriate juvenile court for adjudication. Any case transferred by the district attorney to the juvenile court pursuant to this subparagraph shall be subject to the designated felony provisions of Code Section 15-11-63 and the transfer of the case from superior court to juvenile court shall constitute notice to the child that such case is subject to the designated felony provisions of Code Section 15-11-63. (D) The superior court may transfer any case involving a child 13 to 17 18 years of age alleged to have committed any offense enumerated in subparagraph (A) of this paragraph and convicted of a lesser included offense not included in subparagraph (A) of this paragraph to the juvenile court of the county of the childs residence for disposition. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate. (E) Within 30 days of any proceeding in which a child 13 to 17 18 years of age is convicted of certain offenses over which the superior court has exclusive

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jurisdiction as provided in subparagraph (A) of this paragraph or adjudicated delinquent on the basis of conduct which if committed by an adult would constitute such offenses, the superior court shall provide written notice to the school superintendent or his or her designee of the school in which such child is enrolled or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include the specific criminal offense that such child committed. A local school system to which the child is assigned may request further information from the courts file.' '(d) Age limit for new actions. The juvenile court shall not have jurisdiction to initiate any new action against an individual for acts committed after he or she has reached the age of 17 18 years. This subsection does not affect the courts jurisdiction to enter extension orders pursuant to Code Section 15-11-58.'
SECTION 4. Said chapter is further amended in Code Section 15-11-30.2, relating to transfer of a child to another court for prosecution, by striking subsection (d) in its entirety and inserting in lieu thereof the following:
'(d) No child, either before or after reaching 17 18 years of age, shall be prosecuted for an offense previously committed unless the case has been transferred as provided in this Code section.'
SECTION 5. Said chapter is further amended in Code Section 15-11-48, relating to places of detention for children, by striking in its entirety subsection (d) and inserting in lieu thereof the following:
'(d) Notification of court by official of jail. The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall immediately inform the juvenile court or a duly authorized officer of the juvenile court if a person who is or appears to be under the age of 17 18 years is received at the facility and shall bring him or her before the court upon request or deliver him or her to a detention or shelter care facility designated by the court; provided, however, the official in charge of a jail or other facility for the detention of adult offenders or persons charged with a crime shall immediately inform the court in which the case is pending or a duly authorized officer of such court if a person who is or appears to be 13 to 17 18 years of age and who is alleged to have committed any offense enumerated in subparagraph (b)(2)(A) of Code Section 15-11-28 is received at the facility and shall bring him or her before the court upon request or deliver him or her to a detention facility designated by the court. Such child shall not be held in the jail but may be held in a temporary holding area outside of the jail constructed as such for not longer than six hours pending transfer to the detention facility. For purposes of this Code section, the term 'jail' shall include not only the cells, but any other secured area of the jail adjacent to the cells in which adult offenders are held or through which they are transported.'

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SECTION 6. Said chapter is further amended in Code Section 15-11-62, relating to commitment of certain children to the custody of the Department of Corrections, by striking subsection (a) in its entirety and inserting in lieu thereof the following:
'(a) A child 13 to 17 18 years of age convicted of any offense enumerated in subparagraph (b)(2)(A) of Code Section 15-11-28 shall be committed to the custody of the Department of Corrections; provided, however, that any child in the custody of the Department of Corrections shall be housed in a designated youth confinement unit until reaching the age of 17 18 notwithstanding that such child was tried and convicted as an adult in superior court. Any designated youth confinement unit in which a child is housed shall be designed to ensure that children are at all times housed separately from any adult offender incarcerated in the facility in which such youth confinement unit is located and shall be designed to facilitate rehabilitation of such children, which shall mean that a youth confinement unit shall be of a nondormitory design whenever possible and whenever such facilities become available and staffed by personnel who have received specialized training in the field of juvenile justice. All designated youth confinement units shall provide to children 13 to 17 18 years of age who have been sentenced to such units as a result of a conviction in superior court as an adult of an offense enumerated in subparagraph (b)(2)(A) of Code Section 15-11-28 life skills training, academic or vocational training, and substance abuse and violence prevention counseling to the extent that appropriations are available for such activities.'
SECTION 7. Said chapter is further amended in Code Section 15-11-63, relating to designated felony acts, by striking paragraph (2) of subsection (a) and inserting in lieu thereof the following:
'(2) "Designated felony act" means an act which: (A) Constitutes a second or subsequent offense under subsection (b) of Code Section 16-11-132 if committed by a child 13 to 17 18 years of age; (B) If done by an adult, would be one or more of the following crimes: (i) Kidnapping or arson in the first degree, if done by a child 13 or more years of age; (ii) Aggravated assault, arson in the second degree, aggravated battery, robbery, armed robbery not involving a firearm, or battery in violation of Code Section 165-23.1 if the victim is a teacher or other school personnel, if done by a child 13 or more years of age; (iii) Attempted murder or attempted kidnapping, if done by a child 13 or more years of age; (iv) The carrying or possession of a weapon in violation of subsection (b) of Code Section 16-11-127.1; (v) Hijacking a motor vehicle, if done by a child 13 or more years of age; (vi) Any violation of Code Section 16-7-82, 16-7-84, or 16-7-86 if done by a child 13 or more years of age;

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(vii) Any other act which, if done by an adult, would be a felony, if the child committing the act has three times previously been adjudicated delinquent for acts which, if done by an adult, would have been felonies; (viii) Any violation of Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine; (ix) Any criminal violation of Code Section 16-14-4, relating to racketeering; or (x) Any violation of Code Section 16-10-52, relating to escape, if the child involved in the commission of such act has been previously adjudicated to have committed a designated felony; (C) Constitutes a second or subsequent adjudication of delinquency based upon a violation of Code Section 16-7-85 or 16-7-87; (C.1) Constitutes any violation of Code Section 16-15-4, relating to criminal street gangs; (D) Constitutes an offense within the exclusive jurisdiction of the superior court pursuant to subparagraph (b)(2)(A) of Code Section 15-11-28 which is transferred by the superior court to the juvenile court for adjudication pursuant to subparagraph (b)(2)(B) of Code Section 15-11-28 or which is transferred by the district attorney to the juvenile court for adjudication pursuant to subparagraph (b)(2)(C) of Code Section 15-11-28; or (E) Constitutes a second or subsequent violation of Code Sections 16-8-2 through 16-8-9, relating to theft, if the property which was the subject of the theft was a motor vehicle.'"
By redesignating Section 2 as Section 10 and by inserting a new Section 9 to read as follows:
"SECTION 9. This Act shall become effective on July 1, 2004, except that the provisions of Sections 1 through 7 shall become effective on July 1, 2005."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux

N Day Dean
Y Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas E Drenner Y Dukes E Ehrhart N Elrod

Y Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby N Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P
Smith, T N Smith, V Y Smyre N Snow Y Stanley-Turner

Y Borders N Bridges N Brock Y Brooks Y Broome N Brown E Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn N Burkhalter N Burmeister N Butler E Campbell N Casas N Chambers
Channell Y Childers Y Coan E Coleman, B N Cooper N Crawford Y Cummings

THURSDAY, APRIL 1, 2004

Y Epps N Fleming N Floyd, H Y Floyd, J
Fludd N Forster N Franklin Y Gardner Y Golick
Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin
Harper Y Harrell N Heard, J Y Heard, K N Heath E Heckstall N Hembree Y Henson N Hill, C

N Jenkins, C Y Jenkins, C.F N Jones Y Jordan
Joyce N Keen N Knox N Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin N Martin E Massey N Maxwell Y McBee E McCall Y McClinton N Millar N Mills

Y Orrock Y Parham
Parrish N Parsons
Porter Y Powell
Purcell N Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L N Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw N Sheldon

On the adoption of the amendment, the ayes were 90, nays 66. The amendment was adopted.

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Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M E Thompson N Walker, L N Walker, R.L Y Warren Y Watson
Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

Representative Boggs of the 145th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes

Y Day Dean
Y Deloach N Dix Y Dodson N Dollar

Y Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L

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Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux
Borders N Bridges N Brock Y Brooks Y Broome N Brown E Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn N Burkhalter N Burmeister N Butler E Campbell N Casas N Chambers Y Channell Y Childers Y Coan E Coleman, B
Cooper N Crawford Y Cummings

Y Dooley N Douglas E Drenner Y Dukes E Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J
Fludd N Forster N Franklin Y Gardner Y Golick
Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin
Harper Harrell N Heard, J Y Heard, K N Heath E Heckstall Y Hembree Y Henson N Hill, C

Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce N Keen N Knox N Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Manning Y Marin N Martin E Massey N Maxwell Y McBee E McCall Y McClinton Y Millar N Mills

N Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M
O'Neal Y Orrock Y Parham Y Parrish N Parsons
Porter Y Powell
Purcell N Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L N Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw
Sheldon

Y Smith, P Smith, T
N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M E Thompson Y Walker, L N Walker, R.L Y Warren Y Watson Y Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 102, nays 53.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 516. By Senators Zamarripa of the 36th, Williams of the 19th, Johnson of the 1st, Brown of the 26th and Harbison of the 15th:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to provide that the authority shall implement a program to provide for the development and expansion of streetcar transportation and attendant economic and community development opportunities; to provide for related matters; to repeal conflicting laws; and for other purposes.

THURSDAY, APRIL 1, 2004 The following Committee substitute was read and adopted:

3339

A BILL
To amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to provide that the Department of Transportation will implement a program to provide for the development and expansion of streetcar transportation and attendant economic and community development opportunities; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Georgia Community Streetcar Development and Revitalization Act."
SECTION 2. Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, is amended by adding a new Code Section 32-9-12 to read as follows:
"32-9-12. (a) The department will establish and implement a five-year grant program to provide assistance to local governmental authorities as well as a public-private project initiative for the capital, technical, and startup costs of development and expansion of streetcar transportation and attendant economic and community development opportunities. The five-year grant program will begin when funding becomes available for such purposes. The five-year grant program may be renewed at the end of each five-year period, consistent with the provisions of this Code section. (b) The department will form a pilot program that will provide a state level flow through point for any available federal funding or other forms of financial and development sources and assistance for local, regional, and public-private streetcar projects. Any funding through bonds for such pilot program shall be administered by the State Road and Tollway Authority. (c) The department may consider the following factors in its selection of projects that will be implemented by this pilot program:
(1) The project is ripe for development, construction, and operation; (2) The project application demonstrates strong local and private sector financial participation in the project; (3) The project will foster redevelopment opportunities adjacent to the streetcar line for which assistance is being sought; (4) The project requires the financial participation of the private owners of real property abutting the streetcar line, with the exception of owner occupied residential properties, for some of the capital costs of the project;

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(5) The project application demonstrates that development or redevelopment agreements are in place with respect to the project and land planning policies complimentary to the project have been adopted for land in close proximity to the streetcar line, including the availability of property zoned to accommodate mixed use development adjacent to the streetcar line; (6) The project application demonstrates either how redeveloping or new neighborhoods on vacant or underutilized land will be connected by the project to each other or to major attractors in the central city where the project will be carried out or how circulator or connector lines under the project will connect developed neighborhoods with one another or with the business district in the central city; (7) The project has demonstrated desirable levels of local financial or linking resources commitment, or both; (8) The project may include, and is encouraged to include, a public-private project initiative and organizational structure or sponsor; (9) The department will coordinate with all appropriate metropolitan, regional, and municipal planning and development agencies and local transit agencies where projects may be pursued and shall coordinate with the Georgia Regional Transportation Authority in the planning, development, funding, and implementation of various streetcar projects; and (10) Notwithstanding the above optional factors, in urban areas in which metropolitan planning organizations function, the department shall give high priority to projects drawn from adopted regional transportation plans and adopted transportation improvement programs. (d) In order to receive grant assistance under this Code section, a sponsor of a project must submit to the department an application that includes a detailed operating plan for the streetcar line for which such assistance is being sought, including the frequency of service, hours of operation, stop locations, and demonstration of the financial capacity of the sponsor to operate the streetcar line. (e) A project for which grant assistance may be provided under this Code section may include signalization modifications and other modifications to the road system or other public rights of way on which the project is to be carried out; acquisition of streetcars; and project construction, design, and engineering. (f) As used in this Code section, the terms: (1) 'Local government authority' and 'state' have the same meanings as under Section 5302 of Title 49 of the United States Code. (2) 'Public-private project initiative' means a local or regional streetcar project which is proposed and advanced by a cooperative entity or sponsor that involves a combined public and private sector financing and development structure which includes not for profit entities. (3) 'Streetcar' includes, but is not limited to, a rail transit vehicle, including a modern, antique, or reproduction vehicle, that is designed to fit the scale and traffic patterns of neighborhoods through which it travels, is powered by electricity, and operates at

THURSDAY, APRIL 1, 2004

3341

lower speeds generally in existing rights of way through mixed traffic, with frequent stops."
SECTION 3. 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:

N Amerson Y Anderson Y Ashe N Bannister Y Barnard N Barnes N Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown E Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn N Burkhalter N Burmeister N Butler E Campbell N Casas N Chambers
Channell Y Childers N Coan E Coleman, B N Cooper
Crawford Y Cummings

N Day Dean
Y Deloach Y Dix N Dodson N Dollar Y Dooley N Douglas E Drenner Y Dukes E Ehrhart Y Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J
Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T Y Greene
Greene-Johnson N Hanner
Harbin N Harper
Harrell N Heard, J Y Heard, K N Heath E Heckstall N Hembree Y Henson N Hill, C

Y Hill, C.A N Hill, V N Hines Y Holmes Y Houston N Howard N Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson N Jenkins, C Y Jenkins, C.F N Jones N Jordan
Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford N Maddox
Mangham N Manning Y Marin
Martin E Massey N Maxwell Y McBee E McCall Y McClinton N Millar N Mills

Y Mitchell N Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J N Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock
Parham Parrish N Parsons Porter Y Powell N Purcell N Ralston Y Randall N Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L N Rogers, C Rogers, Ch. Y Royal N Rynders Sailor N Scott Shaw N Sheldon

Y Sholar Y Sims Y Sinkfield
Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E N Stephens, R
Stephenson Y Stokes Y Stoner N Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M E Thompson Y Walker, L N Walker, R.L N Warren
Watson N Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R
Wix N Yates
Coleman, Speaker

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JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, the ayes were 74, nays 74. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Noel of the 44th moved that the House reconsider its action in failing to give the requisite constitutional majority to SB 516.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Anderson
Y Ashe N Bannister Y Barnard N Barnes N Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs N Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown E Bruce N Buck Y Buckner, D Y Buckner, G E Bunn N Burkhalter N Burmeister N Butler E Campbell N Casas N Chambers
Channell Y Childers N Coan E Coleman, B N Cooper Y Crawford Y Cummings

N Day Dean
Y Deloach Y Dix N Dodson N Dollar Y Dooley N Douglas E Drenner Y Dukes E Ehrhart Y Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J
Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T Y Greene N Greene-Johnson N Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath E Heckstall N Hembree Y Henson N Hill, C

Y Hill, C.A N Hill, V N Hines Y Holmes Y Houston N Howard N Howell Y Hudson Y Hugley N Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F N Jones N Jordan
Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas
Lunsford N Maddox Y Mangham
Manning Y Marin
Martin E Massey N Maxwell Y McBee E McCall Y McClinton N Millar N Mills

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J N Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock
Parham Parrish N Parsons Porter Y Powell N Purcell N Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders Sailor N Scott N Shaw N Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E N Stephens, R
Stephenson Y Stokes Y Stoner
Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M E Thompson Y Walker, L N Walker, R.L N Warren
Watson N Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R
Wix N Yates
Coleman, Speaker

On the motion, the ayes were 77, nays 74. The motion prevailed.

THURSDAY, APRIL 1, 2004

3343

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister Y Barnard N Barnes N Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown E Bruce N Buck Y Buckner, D Y Buckner, G E Bunn N Burkhalter N Burmeister N Butler E Campbell N Casas N Chambers
Channell Y Childers N Coan E Coleman, B N Cooper Y Crawford Y Cummings

N Day Dean
Y Deloach Y Dix N Dodson N Dollar Y Dooley N Douglas E Drenner Y Dukes E Ehrhart Y Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J N Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath E Heckstall N Hembree Y Henson N Hill, C

Y Hill, C.A N Hill, V N Hines Y Holmes Y Houston N Howard N Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F N Jones N Jordan
Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford N Maddox Y Mangham
Manning Y Marin N Martin E Massey N Maxwell Y McBee E McCall Y McClinton N Millar N Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J N Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock
Parham Y Parrish N Parsons Y Porter Y Powell N Purcell N Ralston Y Randall N Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L N Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw N Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M E Thompson Y Walker, L N Walker, R.L N Warren
Watson N Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 88, nays 74. The Bill, having failed to receive the requisite constitutional majority, was lost.

SB 431. By Senators Kemp of the 46th, Hall of the 22nd, Collins of the 6th, Tolleson of the 18th, Gillis of the 20th and others:

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JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to provide for notification to the members of the General Assembly of the availability of annual reports, budgets, and audits; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL
To amend the Official Code of Georgia Annotated, so as to provide for notification to the members of the General Assembly of the availability of annual reports, budgets, and audits; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 8-5-8 of the Official Code of Georgia Annotated, relating to the annual report relative to art in state buildings, is amended by striking said Code section in its entirety and inserting in its place the following:
"8-5-8. In consultation with the director of the Office of Planning and Budget, the council shall prepare and distribute to the General Assembly an annual report relative to the art in state buildings program pursuant to this chapter. The council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which it deems to be most effective and efficient. Such report may be submitted as part of a report on the activities and programs of the council."
SECTION 2. Code Section 10-4-58 of the Official Code of Georgia Annotated, relating to the annual report of the state warehouse commissioner, is amended by striking said Code section in its entirety and inserting in its place the following:
"10-4-58. (a) The state warehouse commissioner shall make an annual report to the General Assembly, setting forth:
(1) Number and location of each warehouse where cotton has been received for storage by the state; (2) Cotton on storage and that delivered on presentation of receipts; and (3) Such further information as the commissioner may think would be of benefit to the public.

THURSDAY, APRIL 1, 2004

3345

(b) The state warehouse commissioner shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which he or she deems to be most effective and efficient."
SECTION 3. Code Section 10-10-6 of the Official Code of Georgia Annotated, relating to publishing of an annual report by the Advanced Technology Development Center, is amended by striking said Code section in its entirety and inserting in its place the following:
"10-10-6. The center, on behalf of the board, shall publish an annual report which shall be made available to the Governor, the General Assembly, and the board setting forth in detail the operations and transactions conducted by it pursuant to this chapter. The annual report shall specifically account for the ways in which the need, needs, mission, and programs of the center described in this chapter have been carried out. The center shall distribute its annual report by such means that will make it widely available to those innovative enterprises of special importance to the Georgia economy. The center shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which it deems to be most effective and efficient."
SECTION 4. Code Section 12-3-1 of the Official Code of Georgia Annotated, relating to the duties and powers of the Department of Natural Resources as to recreational policies and programs, is amended by striking paragraph (7) of subsection (a) of said Code section in its entirety and inserting in its place the following:
"(7) To submit an annual report of activities and recommendations to the Governor and to notify the General Assembly of the availability of the annual report in the manner which it deems to be most effective and efficient;".
SECTION 5. Code Section 12-5-212 of the Official Code of Georgia Annotated, relating to the annual report relative to coastal waters, beaches, and sand dunes, is amended by striking said Code section in its entirety and inserting in its place the following:
"12-5-212. The department shall make an annual report to the General Assembly which shall include a report on all funds and properties received or disbursed under this part. The department shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which it deems to be most effective and efficient."
SECTION 6. Code Section 12-5-287 of the Official Code of Georgia Annotated, relating to leasing of

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JOURNAL OF THE HOUSE

state owned marshland or water bottoms, is amended by striking subsection (i) of said Code section in its entirety and inserting in its place the following:
"(i) The department shall make an annual report of its activities each calendar year to the General Assembly. The report shall include a summary of all applications received and leases granted, including length of terms, rentals, and locations. Copies of the annual report shall be provided to the director of the State Properties Commission, the chairperson of the House Natural Resources and Environment Committee, the chairperson of the House Committee on State Institutions and Property, the chairperson of the Senate Natural Resources Committee, and the chairperson of the Senate Committee on State and Local Governmental Operations. The department shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which it deems to be most effective and efficient."
SECTION 7. Code Section 12-5-402 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources with regard to the development of the Chattahoochee River Basin, is amended by striking paragraph (2) of subsection (b) of said Code section in its entirety and inserting in its place the following:
"(2) To submit an annual report of its activities under this part and recommendations to the Governor and to notify the members of the General Assembly of the availability of the annual report and recommendations in the manner which it deems to be most effective and efficient."
SECTION 8. Code Section 12-5-422 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources with regard to the development of the Altamaha River Basin, is amended by striking paragraph (2) of subsection (b) of said Code section in its entirety and inserting in its place the following:
"(2) To submit an annual report of its activities under this part and recommendations to the Governor and to notify the members of the General Assembly of the availability of the annual report and recommendations in the manner which it deems to be most effective and efficient."
SECTION 9. Code Section 12-6-139 of the Official Code of Georgia Annotated, relating to audit of accounts of the Herty Foundation, is amended by striking said Code section in its entirety and inserting in its place the following:
"12-6-139. It shall be the duty of the state auditor to audit the books and accounts of the foundation and to submit such audit to the Governor, who shall transmit the same to each regular session of the General Assembly notify the members of the General Assembly of the

THURSDAY, APRIL 1, 2004

3347

availability of the audit in the manner which he or she deems to be most effective and efficient."
SECTION 10. Code Section 12-8-31 of the Official Code of Georgia Annotated, relating to the state solid waste management plan, is amended by striking the introductory language of subsection (d) of said Code section in its entirety and inserting in its place the following:
"(d) In monitoring and reporting on the implementation success of the state solid waste management plan required under this Code section, the Department of Community Affairs, with the cooperation of the division and the Georgia Environmental Facilities Authority, beginning in January, 1992, shall report annually to the Governor and the General Assembly on the status of solid waste management in Georgia. The Department of Community Affairs shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which it deems to be most effective and efficient. The annual report shall include but not be limited to:".
SECTION 11. Code Section 12-8-33 of the Official Code of Georgia Annotated, relating to the Recycling Market Development Council, is amended by striking subsection (b) of said Code section in its entirety and inserting in its place the following:
"(b) The council shall meet as necessary and shall determine what actions, if any, are needed to facilitate the development and expansion of markets for recovered materials in Georgia and shall prepare an annual report with recommendations to the Governor and General Assembly. The council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which it deems to be most effective and efficient."
SECTION 12. Code Section 15-9-101 of the Official Code of Georgia Annotated, relating to powers of the Probate Judges Training Council, bond of personnel employed by council and empowered to handle funds, and audits, is amended by striking subsection (c) of said Code section in its entirety and inserting in its place the following:
"(c) The training council shall establish such auditing procedures as may be required in connection with the handling of public funds. The state auditor is authorized and directed to make an annual audit of the acts and doings of the training council and to make a complete report of the same to the General Assembly. The state auditor shall not be required to distribute copies of the audit to the members of the General Assembly but shall notify the members of the availability of the audit in the manner which he or she deems to be most effective and efficient. The report shall disclose all moneys received by the training council and all expenditures made by the training council, including administrative expense. He or she shall also make an audit of the

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JOURNAL OF THE HOUSE

affairs of the training council at any time required by a majority of the training council or the Governor of the state."
SECTION 13. Code Section 15-18-44 of the Official Code of Georgia Annotated, relating to powers and duties of the Prosecuting Attorneys Council, employees bonds, audits, and that certain retired personnel are not to be compensated, is amended by striking subsection (c) of said Code section in its entirety and inserting in its place the following:
"(c) The council shall establish such auditing procedures as may be required in connection with the handling of public funds. The state auditor is authorized and directed to make an annual audit of the transactions of the council and to make a complete report of the same to the General Assembly. The state auditor shall not be required to distribute copies of the report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient. The report shall disclose all moneys received by the council and all expenditures made by the council, including administrative expense. The state auditor shall also make an audit of the affairs of the council at any time when requested to do so by a majority of the council or by the Governor."
SECTION 14. Code Section 20-2-740 of the Official Code of Georgia Annotated, relating to annual report by local boards of education regarding disciplinary and placement actions and annual study by Department of Education, is amended by striking subsection (c) of said Code section in its entirety and inserting in its place the following:
"(c) The Department of Education shall conduct a study for each school year based upon the statistical data filed by local boards pursuant to this Code section for the purpose of determining trends in discipline. The department shall also utilize existing demographic data on school personnel as needed to establish trends in discipline. Nothing in this Code section shall be construed to authorize the public release of personally identifiable information regarding students or school personnel. The department shall prepare submit a report on such study to for the General Assembly by December 1, 1999, and on the study annually thereafter and notify the members of the General Assembly of the availability of the report in the manner which it deems to be most effective and efficient."
SECTION 15. Code Section 20-3-239 of the Official Code of Georgia Annotated, relating to annual audits and distribution of audit reports of the Georgia Student Finance Commission, is amended by striking said Code section in its entirety and inserting in its place the following:
"20-3-239. The state auditor shall make an annual financial audit of the books, accounts, and records of the commission. The state auditor shall maintain a copy of the audit report on

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file in his or her office, make copies of the report available for inspection by the general public, and furnish a copy of the report to the commission, to members of the board of commissioners, and to the Governor, and to and shall notify the members of the General Assembly of the availability of the report in the manner which he or she deems to be most effective and efficient."
SECTION 16. Code Section 20-3-268 of the Official Code of Georgia Annotated, relating to annual audits of the Georgia Higher Education Assistance Corporation and distribution of audit reports, is amended by striking said Code section in its entirety and inserting in its place the following:
"20-3-268. The state auditor shall make an annual financial audit of the books, accounts, and records of the corporation. The state auditor shall maintain a copy of the audit report on file in his or her office, make copies of the report available for inspection by the general public, and furnish a copy of the report to the corporation, to members of the board of directors of the corporation, and to the Governor, and to and shall notify the members of the General Assembly of the availability of the report in the manner which he or she deems to be most effective and efficient."
SECTION 17. Code Section 20-3-320 of the Official Code of Georgia Annotated, relating to audits of the Georgia Student Finance Authority and distribution of audit reports, is amended by striking said Code section in its entirety and inserting in its place the following:
"20-3-320. The state auditor shall make an annual financial audit of the books, accounts, and records of the authority. The state auditor shall maintain a copy of the audit report on file in his or her office, make copies of the report available for inspection by the general public, and furnish a copy of the report to the authority, to members of the board of directors of the authority, to the Governor, and to such other persons as may be required pursuant to Subpart 2 of this part and shall notify the members of the General Assembly, and to such other persons as may be required pursuant to Subpart 2 of this part of the availability of the report in the manner which he or she deems to be most effective and efficient. The authority is further authorized to have independent audits made of such books, accounts, and records of the authority as may be required pursuant to Subpart 2 of this part."
SECTION 18. Code Section 20-12-8 of the Official Code of Georgia Annotated, relating to annual reports by the board of regents regarding marine resources and oceanographic studies, is amended by striking said Code section in its entirety and inserting in its place the following:

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"20-12-8. The board of regents shall make an annual report to the General Assembly which shall include a report on all funds and properties received or disbursed under this chapter. The board of regents shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient."
SECTION 19. Code Section 20-14-27 of the Official Code of Georgia Annotated, relating to required reports and publication format for the Office of Education Accountability, is amended by striking subsection (b) of said Code section in its entirety and inserting in its place the following:
"(b) Each report provided for in this Code section shall be published in a format that can be easily understood by parents and other members of the community who are not professional educators. Such reports shall be distributed to the Governor, Lieutenant Governor, the Speaker of the House of Representatives, the chairpersons of the Education and Higher Education committees of the Senate and House of Representatives, members of the General Assembly, members of the state education governing boards or commissions, and members of the council. The office shall not be required to distribute copies of such reports to the members of the General Assembly but shall notify the members of the availability of the reports in the manner which it deems to be most effective and efficient. In addition, such reports shall be posted on the website of the office."
SECTION 20. Code Section 20-14-28 of the Official Code of Georgia Annotated, relating to reporting on effect of nationally certified teachers on student performance, is amended by striking said Code section in its entirety and inserting in its place the following:
"20-14-28. When the state-wide comprehensive educational information system provided for in Code Section 20-2-320 becomes functional, the office shall conduct a longitudinal study of the effect of nationally certified teachers on student performance in Georgia. Thereafter, the office shall prepare an annual report addressing the question of whether nationally certified and Teacher Alternative Preparation Program teachers have improved student performance in Georgia. The office shall and submit such report to the members of the General Assembly and the State Board of Education and shall notify the members of the General Assembly of the availability of such report in the manner which it deems to be most effective and efficient."
SECTION 21. Code Section 25-4-6 of the Official Code of Georgia Annotated, relating to the meetings, quorum, and annual report of the Georgia Firefighter Standards and Training Council, is

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amended by striking paragraph (2) of said Code section in its entirety and inserting in its place the following:
"(2) The council shall make an annual report of its activities to the Governor and to the General Assembly and shall include in the report its recommendations for appropriate legislation. The council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient."
SECTION 22. Code Section 28-5-5 of the Official Code of Georgia Annotated, relating to the Budgetary Responsibility Oversight Committee, and members, duties, entities to cooperate with the committee, annual report, allowances, and performance audits, is amended by striking subsection (f) of said Code section in its entirety and inserting in its place the following:
"(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 prepare written executive summaries of such report to the members of the General Assembly prior to the adoption of the General Appropriations Act each year. The committee shall not be required to distribute copies of the annual report or the executive summaries to the members of the General Assembly but shall notify the members of the availability of the materials in the manner which it deems to be most effective and efficient."
SECTION 23. Code Section 28-5-24 of the Official Code of Georgia Annotated, relating to the annual reports of the fiscal affairs subcommittees, is amended by striking said Code section in its entirety and inserting in its place the following:
"28-5-24. The fiscal affairs subcommittees of the Senate and the House jointly shall make an annual report to the General Assembly of matters coming to their attention, together with such recommendations to improve the efficiency in the operation and management of the various departments, boards, bureaus, commissions, institutions, and other agencies of state government as they see fit. The subcommittees shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which it deems to be most effective and efficient."
SECTION 24. Code Section 31-6-20 of the Official Code of Georgia Annotated, relating to the Health Strategies Council, is amended by striking subsection (h) of said Code section in its entirety and inserting in its place the following:

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"(h) The council shall prepare an annual report to the board and the General Assembly which presents information and updates on the functions outlined in subsection (g) of this Code section. The annual report shall include information for Georgias congressional delegation which highlights issues regarding federal laws and regulations influencing Medicaid and medicare, insurance and related tax laws, and long-term health care. The council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which it deems to be most effective and efficient."
SECTION 25. Code Section 33-2-8.1 of the Official Code of Georgia Annotated, relating to the preparation by the Commissioner of Insurance of a supplemental report on property and casualty insurance, contents of the report, and request for information, is amended by striking subsection (b) of said Code section in its entirety and inserting in its place the following:
"(b) By July 1, 1990, and on On July 1 of each year thereafter, the Commissioner, as a supplemental report to the annual report provided in Code Section 33-2-8, shall compile a report containing the information specified in this Code section and shall distribute such supplemental report to each member of the General Assembly. The Commissioner shall not be required to distribute copies of the supplemental report to the members of the General Assembly but shall notify the members of the availability of the supplemental report in the manner which he or she deems to be most effective and efficient."
SECTION 26. Code Section 33-46-14 of the Official Code of Georgia Annotated, relating to the annual report to be issued by the Commissioner of Insurance regarding utilization review programs, is amended by striking said Code section in its entirety and inserting in its place the following:
"33-46-14. The Commissioner shall issue an annual report to the Governor and the General Assembly concerning the conduct of utilization review in this state. Such report shall include a description of utilization review programs and the services they provide, an analysis of complaints filed against private review agents by patients or providers, and an evaluation of the impact of utilization review programs on patient access to care. The Commissioner shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient."
SECTION 27. Code Section 37-2-33 of the Official Code of Georgia Annotated, relating to the duties of the state ombudsman for mental health, mental retardation, and substance abuse, is

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amended by striking paragraph (6) of said Code section in its entirety and inserting in its place the following:
"(6) Make an annual written report, documenting the types of complaints and problems reported by service recipients and others on their behalf and include recommendations concerning needed policy, regulatory, and legislative changes. The annual report shall be submitted to the Governor and General Assembly and other appropriate agencies and organizations and made available to the public. The state ombudsman shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient."
SECTION 28. Code Section 38-4-11 of the Official Code of Georgia Annotated, relating to the commissioner of veterans service, annual reports, content, and recipients, is amended by striking said Code section in its entirety and inserting in its place the following:
"38-4-11. The commissioner of veterans service shall furnish to the Governor, the members of the General Assembly, the Veterans Service Board, veterans organizations, and the public generally an annual report with reference to claims presented on behalf of veterans of this state, concerning veterans aided under federal, state, or local legislation, and otherwise to report the activities and accomplishments of the Department of Veterans Service. The commissioner of veterans service shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient."
SECTION 29. Code Section 45-6-4 of the Official Code of Georgia Annotated, relating to mailing of annual reports to General Assembly members, is amended by striking said Code section in its entirety and inserting in its place the following:
"45-6-4. (a) Each state agency, authority, office, board, department, or official directed by law to file or electing to file an annual report shall send by inter-office mail a notification notify each member of the General Assembly in the manner which the reporting entity deems to be most effective and efficient that such report is available upon request to each member of the General Assembly at his legislative office at the state capitol, on or before June 1 of each year, unless another date is provided for by law. (b) Each state agency, authority, office, board, department, or official directed by law to provide or electing to provide the members of the General Assembly with any annual report, budget, or audit other than those referred to in subsection (a) of this Code section shall not be required to distribute copies of such materials to the members but shall notify the members of the availability of such materials in the manner which the reporting entity deems to be most effective and efficient.

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(c) Each state agency, authority, office, board, department, or official shall be required to furnish to any member of the General Assembly any such annual report, budget, or audit referred to in this Code section upon request of any member of the General Assembly."
SECTION 30. Code Section 45-12-75.1 of the Official Code of Georgia Annotated, relating to the annual continuation budget report, is amended by striking subsection (c) of said Code section in its entirety and inserting in its place the following:
"(c) The committee shall submit to the membership of the General Assembly within one week of the convening of each regular session of the General Assembly prepare a list of all programs included in the continuation budget report for each department examined as well as actions recommended, if any, by the committee. Within one week of the convening of each regular session of the General Assembly, the committee shall notify the members of the availability of the list in the manner which it deems to be most effective and efficient."
SECTION 31. Code Section 45-20-1 of the Official Code of Georgia Annotated, relating to purposes and principles of the state merit system, is amended by striking paragraph (9) of subsection (c) of said Code section in its entirety and inserting in its place the following:
"(9) Audit agencies processes as referred to in paragraph (8) of this subsection and report findings annually to the Governor and the General Assembly in conjunction with an annual report on the overall status of the state work force. The state merit system shall not be required to distribute copies of the findings or annual report referred to in this paragraph to the members of the General Assembly but shall notify the members of the availability of the materials in the manner which it deems to be most effective and efficient;".
SECTION 32. Code Section 45-20-11 of the Official Code of Georgia Annotated, relating to audits of the state merit system and reports of audit findings, is amended by striking said Code section in its entirety and inserting in its place the following:
"45-20-11. The state auditor shall perform periodic operational audits of the state merit system. Such audits shall also be performed at the request of the Governor, the commissioner, or the General Assembly. Reports of audit findings shall be filed with the board, the commissioner, and the Governor, and members of the General Assembly. The state auditor shall not be required to file copies of the audit findings with the members of the General Assembly but shall notify the members of the availability of audit findings in the manner which he or she deems to be most effective and efficient."

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SECTION 33. Code Section 47-11-26 of the Official Code of Georgia Annotated, relating to annual audit of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia and power of state auditor to conduct audit when he or she sees fit or at the request of the Governor, is amended by striking said Code section in its entirety and inserting in its place the following:
"47-11-26. The state auditor is authorized and directed to make an annual audit of the acts and doings of the board and to make a complete report of the same to the General Assembly in such detail as he or she may see fit. The state auditor shall not be required to distribute copies of the report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient. The state auditor shall also have the right to audit the affairs of the board and any of its employees at any time that he or she may see fit or at any time that he or she may be requested to do so by the board or by the Governor."
SECTION 34. Code Section 47-14-26 of the Official Code of Georgia Annotated, relating to the duty of the state auditor to make an annual audit and report of the Board of Commissioners of the Superior Court Clerks Retirement Fund of Georgia, audit upon request of the board or the Governor, and contents of the annual report, is amended by striking said Code section in its entirety and inserting in its place the following:
"47-14-26. The state auditor is authorized and directed to make an annual audit of the acts and doings of the board and to make a complete report of that audit to the General Assembly. The state auditor shall not be required to distribute copies of the report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient. The report shall disclose all moneys received by the board and all its expenditures, including administrative expenses and payments made as annuities and benefits. He The state auditor shall also make an audit of the affairs of the board at any time when requested by a majority of the board or the Governor."
SECTION 35. Code Section 47-16-28 of the Official Code of Georgia Annotated, relating to duty of the state auditor to make an annual audit and report of the operations of the Board of Commissioners of the Sheriffs Retirement Fund of Georgia, right of the state auditor to audit the affairs of the board, and contents of the annual report, is amended by striking said Code section in its entirety and inserting in its place the following:
"47-16-28. The state auditor is authorized and directed to make an annual audit of the operations of the board and to make a complete report of that audit to the General Assembly. The state auditor shall not be required to distribute copies of the report to the members of

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the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient. The report shall disclose all moneys received by the board and all expenditures made by it, including administrative expenses and payments of benefits. The state auditor shall also have the right, in his or her discretion, to audit the affairs of the board at any time, and he or she may also audit the affairs of the board at any time, upon request of a majority of the members of the board."
SECTION 36. Code Section 47-17-25 of the Official Code of Georgia Annotated, relating to the duty of the state auditor to make an annual audit and report of the Board of Commissioners of the Peace Officers Annuity and Benefit Fund, audit upon request of the board, and contents of annual report, is amended by striking said Code section in its entirety and inserting in its place the following:
"47-17-25. The state auditor is authorized and directed to make an annual audit of the acts and doings of the board and to make a complete report of the same to the General Assembly. The state auditor shall not be required to distribute copies of the report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient. The report shall disclose all moneys received by the board and all its expenditures including administrative expenses and payments made as annuities and benefits. He The state auditor shall also make an audit of affairs of the board at any time he or she is requested to do so by a majority of the board."
SECTION 37. Code Section 48-2-7 of the Official Code of Georgia Annotated, relating to powers and duties of the state revenue commissioner, is amended by striking paragraph (5) of subsection (a) of said Code section in its entirety and inserting in its place the following:
"(5) Submit to the Governor and to each regular session of the General Assembly an annual report of the conduct of his or her office. The commissioner shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which he or she deems to be most effective and efficient. As the chief revenue official of the state, he or she shall advise the Governor and the General Assembly on all matters relating to revenue."
SECTION 38. Code Section 49-3-3.1 of the Official Code of Georgia Annotated, relating to the annual report from the county director of the department of family and children services and appearance before legislative delegation, is amended by striking said Code section in its entirety and inserting in its place the following:

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"49-3-3.1. (a) The county director of the department of family and children services of each county shall provide an annual report no later than December 31 of each year, beginning in the year 2000, to the county board, county commission, and the director of the Division of Family and Children Services, and. The county director of the department of family and children services of each county shall notify each member of the General Assembly whose legislative district includes any part of that county of the availability of the annual report but shall not be required to distribute copies of the annual report to the members. The report shall include the following information for the 12 month period ending June 30 of that year:
(1) The number of children for whom the county department has received a complaint of child abuse pursuant to Code Section 19-7-5; (2) General demographic data such as gender, race, and age regarding children specified in paragraph (1) of this subsection; (3) The number of children taken into county department custody; (4) The number of placements of children in county department custody by the type of placement; (5) The length of time in county department custody by the number of children; and (6) Any other information required by the director of the Division of Family and Children Services. (b) A majority of the legislative delegation whose members are required to receive a report notification pursuant to subsection (a) of this Code section shall be authorized to require the director of the department of family and children services of the county which provided that report to appear before that delegation and to answer questions regarding that report and other matters relating to issues of child abuse and child protective services."
SECTION 39. Code Section 49-4-183 of the Official Code of Georgia Annotated, relating to administration of assistance program by department, promulgation of rules and regulations by board, and duties of the department, is amended by striking the introductory language of paragraph (3) of subsection (c) of said Code section in its entirety and inserting in its place the following:
"(3) Publish an annual report and such interim reports as may be necessary. The annual report and such interim reports shall be provided to the Governor and members of the General Assembly. The department shall not be required to distribute copies of the annual report or the interim reports to the members of the General Assembly but shall notify the members of the availability of the reports in the manner which it deems to be most effective and efficient. The annual report and interim reports shall and contain the following:".
SECTION 40. Code Section 49-5-153 of the Official Code of Georgia Annotated, relating to annual

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report of the Children and Youth Coordinating Council, is amended by striking said Code section in its entirety and inserting in its place the following:
"49-5-153. The council shall prepare an annual report on the progress of the community based programs of this state which shall include the most current institutional and out-ofhome placement populations of children being served by the various departments of state government and which shall include comparative costs of all children-serving agencies. Such report shall be submitted to the Governor, the General Assembly, and the various state departments providing services to children. The council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient."
SECTION 41. Code Section 49-5-273 of the Official Code of Georgia Annotated, relating to creation of PeachCare, availability, eligibility, payment of premiums, and enrollment, is amended by striking subsection (j) of said Code section in its entirety and inserting in its place the following:
"(j) The department shall publish an annual report, copies a copy of which shall be provided to the Governor and the General Assembly setting forth the number of participants in the program, the health services provided, the amount of money paid to providers, and other pertinent information with respect to the administration of the program. The department shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient."
SECTION 42. Code Section 49-6-6 of the Official Code of Georgia Annotated, relating to annual report by the Department of Human Resources with regard to services for the aging, is amended by striking said Code section in its entirety and inserting in its place the following:
"49-6-6. It shall be the duty of the department to submit an annual report to the Governor and to notify the General Assembly of such report on or before January 1 of each year, setting forth the results of its studies, accomplishments, and recommendations, if any, for legislation. The department shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient."
SECTION 43. Code Section 50-5-136 of the Official Code of Georgia Annotated, relating to powers and authority of the State Use Council, is amended by striking paragraph (6) of subsection (b)

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of said Code section in its entirety and inserting in its place the following: "(6) To make an annual report to the Governor and the General Assembly concerning its activities under this part and the activities and contracts provided by the central nonprofit agency. The State Use Council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient."
SECTION 44. Code Section 50-12-48 of the Official Code of Georgia Annotated, relating to annual report of the Georgia State Games Commission, is amended by striking said Code section in its entirety and inserting in its place the following:
"50-12-48. The commission shall make an annual report of its activities to the Governor and to the General Assembly, with any recommendations which it may wish to make. The commission shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient."
SECTION 45. Code Section 50-17-26 of the Official Code of Georgia Annotated, relating to evidence of indebtedness, accrual of interest, paying agent, executory contracts, audits, and legal services, is amended by striking subsection (g) of said Code section in its entirety and inserting in its place the following:
"(g) The commission, together with all funds established in connection with public debt, shall be audited no less frequently than annually by an independent certified public accountant to be selected by a majority of the commission. Copies of such audit shall be given to both houses of the General Assembly and shall be available upon request to interested parties, including, specifically but without limitation, the holders of evidences of indebtedness. The commission shall not be required to distribute copies of the audit to the members of the General Assembly but shall notify the members of the availability of the audit in the manner which it deems to be most effective and efficient."
SECTION 46. Code Section 50-26-15 of the Official Code of Georgia Annotated, relating to annual and periodic audits and reports of the Georgia Housing and Finance Authority, is amended by striking subsection (a) of said Code section in its entirety and inserting in its place the following:
"(a) The state auditor shall make an annual audit of the books, accounts, and records of the authority with respect to its receipts, disbursements, contracts, mortgages, leases, assignments, loans, and all other matters relating to its financial operations. The state auditor shall place the audit report on file in his or her office, make the report available

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for inspection by the general public, and shall submit a copy of the report to the General Assembly. The state auditor shall not be required to distribute copies of the audit to the members of the General Assembly but shall notify the members of the availability of the audit in the manner which he or she deems to be most effective and efficient."
SECTION 47. Code Section 50-34-13 of the Official Code of Georgia Annotated, relating to annual and biannual audits and reports of the OneGeorgia Authority, is amended by striking subsection (a) of said Code section in its entirety and inserting in its place the following:
"(a) The state auditor or an independent public accountant retained by the authority shall make an annual audit of the books, accounts, and records of the authority with respect to its receipts, disbursements, contracts, leases, assignments, loans, and all other matters relating to its financial operations. The state auditor shall place the audit report on file in his or her office, make the report available for inspection by the general public, and submit a copy of the report to the General Assembly. The state auditor shall not be required to distribute copies of the audit to the members of the General Assembly but shall notify the members of the availability of the audit in the manner which he or she deems to be most effective and efficient."
SECTION 48. Code Section 50-5-196 of the Official Code of Georgia Annotated, relating to the membership and powers and duties of the Distance Learning and Telemedicine Network Governing Board, is amended by striking subsection (f) of said Code section in its entirety and inserting in its place the following:
"(f) The governing board shall prepare and submit annually to the Governor and the General Assembly a report detailing its activities and operations for the prior year, to include but not be limited to information as to the number of applications received, the identities of the applicants, the identities of those applicants awarded funding, and the respective award amounts. The governing board shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient."
SECTION 49. Code Section 50-25-7.10 of the Official Code of Georgia Annotated, relating to reports of the Georgia Technology Authority to be submitted to the director of the Office of Planning and Budget and the state auditor, is amended by striking said Code section in its entirety and inserting in its place the following:
"50-25-7.10. The executive director shall submit to the director of the Office of Planning and Budget and the state auditor on a quarterly an annual basis a report of all activity regarding technology and technology resources for each agency and the authority. The report shall accurately represent all financial details including current cash balances, line item

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detail on expenditures including systems development, personal services, and equipment from the previous quarter fiscal year and anticipated expenditures for the upcoming quarter fiscal year, projected year-end balance, depreciated value of capital equipment, and balances of reserve funds established for capital equipment, as well as a status report on personnel position changes including new technology related positions created and existing technology related positions eliminated. The authority spending reports shall comply with the state accounting system object codes."
SECTION 50. Code Section 50-25-7.12 of the Official Code of Georgia Annotated, relating to the Georgia Technology Authority and development of a budgeting and accounting system, is amended by striking said Code section in its entirety and inserting in its place the following:
"50-25-7.12. The authority, the Office of Planning and Budget, and the state auditor shall jointly develop a system for budgeting and accounting of expenditures for technology resources. This system must integrate seamlessly with the technology portfolio management system. Annual reports regarding technology shall be coordinated by the authority with the Office of Planning and Budget and the state auditor and submitted to the Governor, General Assembly, and the board on or before October 1 of each year. The authority may adopt an accrual method of accounting. The authority shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient."
SECTION 51. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Henson of the 55th and Orrock of the 51st move to amend the Committee substitute to SB 431 by inserting between lines 27 and 28 of page 12 the following:
"SECTION 30A. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by adding following Code Section 45-18-19, relating to confidentiality of claim forms and records, a new Code section to read as follows:
'45-18-20. The commissioner shall provide to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the appropriations committees

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of the Senate and the House of Representatives by February 1 of each year a status report on the fiscal condition of the state employees health insurance plan, and by March 1 of each year, the proposed schedule of premiums, deductibles, and employee cost sharing for the next open enrollment period. Such status report may be submitted as required in this Code section in the manner in which the commissioner deems to be most effective and efficient.'"

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, 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
Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brock Y Brooks
Broome Y Brown E Bruce
Buck Y Buckner, D
Buckner, G E Bunn Y Burkhalter Y Burmeister Y Butler E Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan E Coleman, B Y Cooper

Y Day Dean
Y Deloach Dix
Y Dodson Y Dollar Y Dooley
Douglas E Drenner Y Dukes E Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T
Greene Y Greene-Johnson Y Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K Y Heath E Heckstall Y Hembree

Y 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
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee E McCall Y McClinton

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J
Murphy, Q Noel Y Oliver, B Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Sailor Y Scott

Y Sholar Y Sims
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 E Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, R Y Wix

Y Crawford Y Cummings

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Y Henson Y Hill, C

Millar Y Mills

Y Shaw Y Sheldon

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Y Yates Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Smith of the 13th District, Post 2, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 668 Do Pass

Respectfully submitted, /s/ Smith of the 13th, Post 2
Chairman

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 514. By Senators Cagle of the 49th, Starr of the 44th and Lee of the 29th:
A BILL to be entitled an Act to amend Code Section 50-17-23 of the Official Code of Georgia Annotated, relating to general obligation and guaranteed revenue debts, so as to authorize the issuance of general obligation bonds bearing interest at variable rates; to provide for procedures, conditions, and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

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A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize the issuance of commercial paper by certain local governmental entities; to provide for procedures, conditions, and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new article at the end of Chapter 82, relating to bonds, to be designated Article 10, to read as follows:
"ARTICLE 10
36-82-240. As used in this article, the term:
(1) 'Governing body' means the board, commission, council, or other local legislative body of governmental entity. (2) 'Governmental entity' shall mean and include only:
(A) Any county, municipal corporation, or consolidated government of this state; and (B) Any local public authority having corporate powers which has been or may hereafter be created by general, local, or special Act of the General Assembly.
36-82-241. (a) Whenever a governmental entity is authorized by law to issue bonds, notes, or certificates, including but not limited to general obligation bonds, revenue bonds, bond anticipation notes, tax anticipation notes, or revenue anticipation certificates, such governmental entity is authorized to issue such obligation in the form of commercial paper notes. The issuance of commercial paper notes shall be subject to the same restrictions and provisions under the laws of this state which would be applicable to the issuance of the type of bond, note, or certificate in lieu of which the commercial paper notes are being issued. The governing body of any governmental entity may designate the commercial paper notes issued under this article to be in registered form or bearer form and may provide for payment by wire transfers or electronic funds transfer in accordance with the federal Electronic Fund Transfer Act, 15 U.S.C., Section 1693, et seq. The authority granted by this article to issue commercial paper notes shall not be construed to permit the governmental entity to increase or otherwise alter any debt limits.

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(b) To secure commercial paper notes authorized under this article, a governmental entity may:
(1) Pledge its anticipated taxes, grants, other revenue, the proceeds of any bonds, notes, or other permanent financing, or any combination thereof; (2) Segregate any pledged funds in separate accounts that may be held by the governmental entity or third parties; (3) Enter into contracts with third parties to obtain standby lines of credit or other financial commitments designated to provide additional security for commercial paper notes authorized by this article; (4) Establish any reserves deemed necessary for the payment of the commercial paper notes; and (5) Adopt ordinances or resolutions and enter into agreements containing covenants, including covenants to issue bonds, notes, or other permanent financing and provisions for protection and security of the owners of commercial paper notes, which shall constitute enforceable contracts with such owners. (c) Commercial paper notes authorized by this article may be in any form and contain any terms, including provisions for redemption at the option of the owner and provisions for the varying of interest rates in accordance with any index, bankers loan rate, or other standard. (d) The governing body shall adopt an ordinance or resolution finding that issuance of the obligations in the form of commercial paper notes is necessary and desirable, directing the designated officer to arrange for preparation of the requisite number of suitable notes, and specifying other provisions relating to the commercial paper notes including the following: (1) For each program of commercial paper notes authorized, the final date of maturity and the total aggregate principal amount of the commercial paper notes authorized to be outstanding at any one time up to the maturity date. The ordinance or resolution may provide that the commercial paper notes may be issued and renewed from time to time until the final maturity date and that the amount issued from time to time may be set by a designated officer of the governmental entity up to the maximum amount authorized to be outstanding at any one time. The ordinance or resolution shall include methods of setting the dates, numbers, and denominations of the commercial paper notes; (2) The method of setting the interest rates and interest payment dates applicable to the commercial paper notes. Commercial paper notes may bear a stated rate of interest payable only at maturity, which rate or rates may be determined at the time of sale of each unit of commercial paper notes; (3) The maximum effective rate of interest the commercial paper notes shall bear; (4) The manner of sale; (5) The discount, if any, the governmental entity may allow; (6) Any provisions for the redemption of the commercial paper notes prior to the stated maturity; (7) The technical form and language of the commercial paper notes; and

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(8) All other terms and conditions of the commercial paper notes and of their execution, issuance, and sale deemed necessary and appropriate by the governing body. (e) The governing body, in the ordinance or resolution authorizing the issuance of commercial paper notes under this article, may delegate to any elected or appointed official or employee of the governmental entity the authority to determine maturity dates, principal amounts, redemption provisions, interest rates, and other terms and conditions of such commercial paper notes that are not appropriately determined at the time of enactment or adoption of the authorizing ordinance or resolution, which delegated authority shall be exercised subject to such parameters, limitations, and criteria as may be set forth in such ordinance or resolution. (f) Any commercial paper notes may be sold at negotiated sale at a price below the par value thereof. (g) For purposes of determining the principal amount of debt outstanding in connection with complying with any limitations on the amount of debt outstanding for a governmental entity, commercial paper notes shall be deemed outstanding at any time during the term of a program of commercial paper notes in an amount equal to the maximum amount authorized in the ordinance or resolution. (h) The renewal and reissuance from time to time of the commercial paper notes pursuant to a commercial paper note program in an amount up to the maximum amount authorized by the ordinance or resolution shall be deemed to be a refunding of the previously maturing amount."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Jamieson of the 22nd and Smith of the 76th move to amend the Committee substitute to SB 514 by striking "to provide for related matters; to provide for an effective date;" on lines 3 and 4 of page 1 and inserting in their place the following:
"to change certain provisions regarding the creation of tax allocation districts; to change the definition of redevelopment area; to change certain provisions regarding the allocation of certain tax allocation increments; to change certain provisions regarding the use of local general fund moneys with respect to tax allocation bonds; to provide for related matters; to provide for effective dates;"

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By striking lines 1, 2, and 3 of page 4 and inserting in their place the following:
"SECTION 1A. Said title is further amended by striking subparagraphs (F) and (G) of paragraph (7) of Code Section 36-44-3, relating to definitions regarding redevelopment powers, and inserting in their places new paragraphs (F), (G), and (H) to read as follows:
'(F) Any geographic area designated within the comprehensive plan of a political subdivision for redevelopment which has previously been developed for commercial, residential, industrial, office, or similar or ancillary uses and which lies within the service delivery area of the political subdivision, in which the current condition of the area is less desirable than the redevelopment of the area for new commercial, residential, industrial, office, or other uses, or a combination of uses, including the provision of open space or pedestrian and transit improvements, and any geographic area that is adversely affected by airport or transportation related noise or other environmental degradation, contamination, or other environmental factors which the political subdivision has determined to be impairing or retarding the redevelopment of the area; or (G) Any urbanized or developed area or an area connecting two or more urbanized or developed areas that has been subject to some development but which has inadequate roadways, bridges, or public transportation or transit facilities incapable of handling the volume of traffic or passenger flow in or through the area in a safe and efficient manner either at present or following proposed redevelopment; or (G)(H) Any area combining any factors specified in subparagraphs (A) through (F)(G) of this paragraph.'
SECTION 1B. Said title is further amended by striking Code Section 36-44-8, relating to creation of tax allocation districts, and inserting in its place a new Code Section 36-44-8 to read as follows:
'36-44-8. In order to create and carry out the purposes of a tax allocation district, the following steps are required:
(1) Preparation by the redevelopment agency of a redevelopment plan for the proposed tax allocation district and its submission for consent to the political subdivision or board of education required to consent, if the plan proposes to include in the tax allocation increment ad valorem taxes levied by a political subdivision or board of education required to consent to such inclusion under Code Section 36-44-9, or if the plan proposes to pledge for payment or security for payment of tax allocation bonds and other redevelopment costs the general funds of a county required to consent to such inclusion under Code Section 36-44-9; (2) Submission of the redevelopment plan, along with a certified copy of any resolution giving the consent required under paragraph (1) of this Code section, to the

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local legislative body of the political subdivision whose area of operation will include the tax allocation district; and (3) Adoption by the local legislative body of a resolution approving the redevelopment plan and which:
(A) Describes the boundaries of the tax allocation district with sufficient definiteness to identify with ordinary and reasonable certainty the territory included. The boundaries shall include only those whole units of property assessed for ad valorem property tax purposes; (B) Creates the district on December 31 following the adoption of the resolution or on December 31 of a subsequent year as determined by the local legislative body; (C) Assigns a name to the district for identification purposes. The first district created shall be known as 'Tax Allocation District Number 1,' followed by the name of the political subdivision within whose area of operation the district is located; (D) Specifies the estimated tax allocation increment base; (E) Specifies property taxes to be used for computing tax allocation increments; (F) Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20; and (G) Contains findings that:
(i) The redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan or includes one or more natural or historical assets which have not been adequately preserved or protected and such asset or assets would not reasonably be anticipated to be adequately preserved or protected without the approval of the redevelopment plan; and (ii) The improvement of the area is likely to enhance the value of a substantial portion of the other real property in the district. If any information required to be included in the resolution approving the redevelopment plan under subparagraphs (A) through (G) of this paragraph is contained in the redevelopment plan, then the resolution approving the redevelopment plan may incorporate by reference that portion of the redevelopment plan containing said information.; and (4) A certified copy of any resolution giving the consent required under paragraph (1) of this Code section must be submitted to the local legislative body of the political subdivision whose area of operation will include the tax allocation district prior to inclusion of such ad valorem taxes or general funds in calculation of the tax allocation increment.'

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SECTION 1C. Said title is further amended by striking subsection (c) of Code Section 36-44-11, relating to allocation of certain tax allocation increments, and inserting in its place a new subsection (c) to read as follows:
'(c) All positive tax allocation increments received for a tax allocation district shall be deposited into a special fund for the district upon receipt by the fiscal officer of the political subdivision. All general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and other redevelopment costs of the tax allocation district shall be deposited upon receipt into the special fund. Any lease or other contract payments made under the districts redevelopment plan shall also be deposited upon receipt into the special fund. Moneys derived from positive tax allocation increments, general fund moneys, and moneys derived from lease or other contract payments shall be accounted for separately within the special fund. Moneys shall be paid out of the fund only to pay redevelopment costs of the district or to satisfy claims of holders of tax allocation bonds issued for the district. The local legislative body shall irrevocably pledge all or a part of such special fund to the payment of the tax allocation bonds. The special fund or designated part thereof may thereafter be used only for the payment of the tax allocation bonds and interest until they have been fully paid, and a holder of said bonds shall have a lien against the special fund or said designated part thereof pledged for payment of said bonds and may either at law or in equity protect and enforce the lien. General funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay principal and interest due on such bonds. Subject to any agreement with bondholders, moneys in the fund may be temporarily invested in the same manner as other funds of the political subdivision. Except as provided in Code Section 36-44-20, general funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay the principal and interest due on such bonds. After all redevelopment costs and all tax allocation bonds of the district have been paid or provided for, subject to any agreement with bondholders, if there remains in the fund any moneys derived from positive tax allocation increments, they shall be paid over to each county, municipality, consolidated government, or county or independent board of education whose ad valorem property taxes were affected by the tax allocation district in the same manner and proportion as the most recent distribution by the county tax collector or tax commissioner, municipal official responsible for collecting municipal ad valorem property taxes, or consolidated government official responsible for collecting consolidated government ad valorem property taxes. If there remains in the fund any other moneys, they shall be paid over to each political subdivision which contributed to the fund in proportion to the respective total contribution each made to the fund.'

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SECTION 1D. Said title is further amended by striking Code Section 36-44-20, relating to use of local general fund moneys with respect to tax allocation bonds, and inserting in its place a new Code Section 36-44-20 to read as follows:
'36-44-20. (a) Notwithstanding any other provisions of this chapter, a local legislative body may use, pledge, or otherwise obligate its general funds for payment or security for payment of tax allocation bonds issued or incurred under this chapter but only if those general funds are derived from a designated tax allocation district and used for payment or security for payment of tax allocation bonds issued or incurred under this chapter for redevelopment of that district and only to the extent that positive tax increments or lease or other contract payments in that districts special fund are insufficient at any time to pay principal and interest due on such bonds. (b) The requirement of insufficiency provided for in subsection (a) of this Code section may be satisfied by adoption of a resolution of the local legislative body finding that positive tax increments or lease or other contract payments in the districts special fund will be insufficient to pay principal and interest on bonds to be issued to finance redevelopment costs for the redevelopment described in the redevelopment plan.'
SECTION 2. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. (b) Sections 1B, 1C, and 1D of this Act shall become effective on July 1, 2004."

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas E Drenner
Dukes

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson

Y Mitchell Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel
Oliver, B

Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre

Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter Y Burmeister Y Butler E Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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E Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath E Heckstall Y Hembree Y Henson Y Hill, C

James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee E McCall Y McClinton Y Millar Y Mills

Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

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Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M E Thompson Y Walker, L Y Walker, R.L Y Warren
Watson Y Westmoreland Y White Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1028. By Representative Powell of the 23rd:
A BILL to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative findings; to create the Georgia Hospital Insurance Authority; to provide a short title; to provide for definitions; to provide for the members of the authority and their selection, service, and terms of office; and for other purposes.

Representative Powell of the 23rd moved that the House insist on its position in disagreeing to the Senate substitute to HB 1028 and that a Committee of Conference be

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appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Powell of the 23rd, Skipper of the 116th and Oliver of the 56th, Post 2.

The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

HB 1632. By Representatives Butler of the 88th, Post 1, Oliver of the 56th, Post 2, Bordeaux of the 125th, Stokes of the 72nd, Harper of the 88th, Post 2 and others:
A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for certain matters relating to a child under circumstances where one parent has been convicted of the murder of the child's other parent; to amend certain provisions relating to reunification; to amend certain provisions relating to grounds for termination of parental rights; and for other purposes.

The following Senate amendment was read:

Senate Amendment #1
The Senate moves to amend HB 1632 by inserting after "To amend" at the beginning of line 1 of page 1 "Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions relative to juvenile proceedings, so as to redefine 'child' for purposes relative to the offense of homicide by vehicle; to amend".
By redesignating Sections 1 through 3 as Sections 2 through 4 and inserting before such redesignated Section 2 the following:
"SECTION 1. Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions

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relative to juvenile proceedings, is amended by striking paragraph (2) and inserting in lieu thereof the following:
'(2) "Child" means any individual who is: (A) Under the age of 17 years; (B) Under the age of 21 years, who committed an act of delinquency before reaching the age of 17 years, and who has been placed under the supervision of the court or on probation to the court; or (C) Under the age of 18 years, if alleged to be a "deprived child" or a "status offender" as defined by this Code section;
provided, however, that such term does not include any individual at least 16 years of age who committed or is alleged to have committed a violation of Code Section 40-6393.'".

The following amendment was read and adopted:

Representatives Butler of the 88th, Post 1 and Stokes of the 72nd move to amend the Senate Amendment #1 to HB 1632 by striking lines 2 through 20 of page 1.

The following Senate amendment was read:

Senate Amendment #2
The Senate moves to amend HB 1632 by adding after the word and symbol "rights;" on line 5 of page 1 the following:
"to amend Code Section 19-9-3 of the Official Code of Georgia Annotated, relating to discretion of court in custody disputes, right of child 14 years old or older to select custodial parent, right of visitation rights, grandparent visitation, and policy, so as to provide for limited civil liability for a court appointed custody evaluator or court appointed guardian ad litem under certain circumstances;".
By adding after Section 2 a new Section 3 to read as follows:
"SECTION 3. Code Section 19-9-3 of the Official Code of Georgia Annotated, relating to discretion of court in custody disputes, right of child 14 years old or older to select custodial parent, right of visitation rights, grandparent visitation, and policy, is amended by striking paragraph (6) of subsection (a) of said Code section and inserting in its place the following:

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'(6) The court is authorized to order a psychological custody evaluation of the family or an independent medical evaluation. In addition to the privilege afforded a witness, neither a court appointed custody evaluator nor a court appointed guardian ad litem shall be subject to civil liability resulting from any act or failure to act in the performance of his or her duties unless such act or failure to act was in bad faith.'"
By redesignating Section 3 as Section 4.

Representative Butler of the 88th, Post 1 moved that the House agree to the Senate amendment #1, as amended by the House, and agree to Senate amendment #2, to HB 1632.

On the motion, 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
Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter Y Burmeister Y Butler E Campbell Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson
Dollar Y Dooley Y Douglas E Drenner Y Dukes E Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K
Heath E Heckstall Y Hembree
Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee E McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham
Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

Y Sholar Y Sims
Sinkfield 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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M E Thompson Y Walker, L Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Williams, A Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

THURSDAY, APRIL 1, 2004 On the motion, the ayes were 151, nays 1. The motion prevailed.

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The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 496. By Senators Hill of the 4th, Harp of the 16th, Harbison of the 15th and Crotts of the 17th:
A BILL to be entitled an Act to amend Part 3 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the adjutant general and other executives, so as to provide that the adjutant general may appoint officers of the organized militia as deputy assistant adjutants general; to provide that such deputy adjutant generals shall be of field rank or general officer rank; to repeal conflicting laws; and for other purposes.
Representative Birdsong of the 104th moved that the House adhere to its position in insisting on its substitute to SB 496 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Birdsong of the 104th, Roberts of the 135th and Warren of the 99th.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 461. By Senators Balfour of the 9th and Levetan of the 40th:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain provisions relating to records of certificates of registration and certificates of title; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The following amendments were read and adopted:

Representative Bannister of the 70th, Post 1 moves to amend Senate Bill 461 by inserting after "title;" on line 3 on page 1 "to change the length of Georgia residency required to obtain a veterans license;".
By inserting after line 7 on page 5 the following:
"Said title is further amended by striking paragraph (1) of subsection (c) of Code Section 40-5-36, relating to veterans licenses, honorary licenses, and other distinctive licenses, and inserting in its place the following:
'(1) Veterans who were residents of Georgia at the time of enlistment or commissioning and are residents at the time of application for the license, or who have been residents of Georgia for at least five two years immediately preceding the date of application for the license, who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or any conflict when personnel were committed by the President of the United States, whether or not such veteran was assigned to a unit or division which directly participated in such war or conflict, except for periodic transfer from reserve status to active duty status for training purposes, and who were discharged or separated under honorable conditions; and'.
SECTION 4."

Representatives Day of the 126th and Powell of the 23rd move to amend SB 461 by adding after the word and symbol "title;" on line 3 of page 1 the following:
"to change certain provisions relating to furnishing of information; to change certain provisions relating to suspension of drivers licenses; to provide that a suspension date shall commence on the date the license is surrendered to the department or a court or on the date that the court processes the citation or conviction; to provide that the department shall destroy suspended or revoked drivers licenses, permits, or identification cards;".
By adding after line 5 of page 1 the following:
"SECTION 1. Said chapter is further amended in Code Section 40-5-53, relating to when courts to send licenses and reports of convictions to the department and retention of license by the

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department, by striking subsection (a) and inserting in its place the following: '(a) Whenever any person is convicted of any offense for which this chapter makes mandatory the suspension of the license of such person by the department, the court in which such conviction is had shall require the surrender to it of any drivers license then held by the person so convicted and the court shall thereupon forward the same to the department, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, within ten days after the conviction. Notwithstanding any other provision of this title, the department shall retain possession of destroy any suspended or revoked drivers licenses, permits, or identification cards forwarded to it under this or any other provision of law if the licenses expiration date, as shown on the drivers license, is one year or more away. The department shall return the issue a new drivers original license, permit, or identification card upon satisfaction of the applicable reinstatement requirement, including but not limited to the payment of the applicable reinstatement fee if such driver applies for and is granted reinstatement while the original license is in the possession of the department. No additional fee shall be required for the return of such original license issuance of a replacement drivers license, permit, or identification card. The department may destroy a suspended license if the licenses expiration date, as shown on the license, is less than one year away.'
SECTION 2. Said chapter is further amended in Code Section 40-5-57, relating to suspension or revocation of license of habitually negligent or dangerous driver and point system, by striking subsection (e) and inserting in its place the following:
'(e) The periods of suspension provided for in this Code section shall begin on the date the license is surrendered to and received by the department, or from the date a license is surrendered to a court under any provision of this chapter, or on the date that the department processes the citation or conviction, whichever date shall first occur. If the license cannot be surrendered to the department, the period of suspension may begin on the date set forth in a sworn affidavit setting forth the date and reasons for such impossibility, if the department shall have sufficient evidence to believe that the date set forth in such affidavit is true; in the absence of such evidence, the date of receipt of such affidavit shall be controlling.'
SECTION 3. Said chapter is further amended in Code Section 40-5-57.1, relating to suspension of licenses of persons under age 21 for certain offenses, suspension of licenses of persons under age 18 for certain point accumulations, and issuance of new license following suspension, by striking paragraph (1) of subsection (b) and inserting in its place the following:
'(1) Subject to the requirements of subsection (c) of this Code section and except as otherwise provided by paragraph (2) of this subsection:
(A) Upon a first such suspension, be eligible to apply for license reinstatement and, subject to successful recompletion of the examination requirements of Code Section

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40-5-27 and payment of required fees, have his or her drivers license reinstated after six months from the date on which the suspended license was surrendered to and received by the department; and (B) Upon a second or subsequent such suspension, be eligible to apply for license reinstatement and, subject to successful recompletion of the examination requirements of Code Section 40-5-27 and payment of required fees, have his or her drivers license reinstated after 12 months from the date on which the suspended license was surrendered to and received by the department; or'.
SECTION 4. Said chapter is further amended in Code Section 40-5-61, relating to surrender and return of license, by striking subsection (e) and inserting in its place the following:
'(e) For the purpose of making any determination under this Code section relating to the return of revoked or suspended licenses to drivers, no the period of revocation or suspension shall begin until on the date the license is surrendered to the department or a court of competent jurisdiction under any provision of this chapter or on the date that the department processes the citation or conviction, whichever date shall first occur. If the license is lost, or for any other reason surrender to the department is impossible, the period of revocation or suspension may begin on the date set forth in a sworn affidavit setting forth the date and reasons for such impossibility, if the department shall have sufficient evidence to believe that the date set forth in such affidavit is true; in the absence of such evidence, the date of receipt of such affidavit by the department shall be controlling.'
SECTION 5. Said chapter is further amended in Code Section 40-5-62, relating to periods of revocation and conditions to restoration of license or issuance of new license, by striking paragraph (1) of subsection (a) and inserting in its place the following:
'(1) Five years from the date on which the revoked license was surrendered to and received by the department pursuant to a persons having been declared a habitual violator under Code Section 40-5-58 or from the date on which the department processed the citation or conviction, reduced by a period of time equal to that period of time which elapses between the date the person surrenders his drivers license to the court after conviction for the offense for which the person is declared a habitual violator and the date the department receives such license from the court; or'.
SECTION 6. Said chapter is further amended in Code Section 40-5-64, relating to limited driving permits for certain offenders, by striking subsection (e) and inserting in its place the following:
'(e) Duration of permit. A permit issued pursuant to this Code section shall be $25.00 and shall be nonrenewable and shall become invalid upon the drivers eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code

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Section 40-5-22, upon the expiration of one year following the effective date of suspension of the applicants drivers license in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57, upon the expiration of 120 days following conviction in the case of a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391, upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2, or upon the expiration of six months following proof of installation of an ignition interlock device in the case of a limited driving permit issued to a person subject to a court order for installation and use of such a device pursuant to Article 7 of Chapter 8 of Title 42; except that such limited driving permit shall expire upon any earlier reinstatement of the drivers license. A person convicted of such offense whose drivers license had been surrendered to the court in which in which such conviction was adjudged may apply to the department for a limited driving permit immediately following such conviction if he or she has surrendered his or her drivers license to the court in which the conviction was adjudged, to the department, or if the department has processed the citation or conviction. Upon the applicants execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her drivers license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. A person convicted of such offense whose drivers license had not been surrendered to such court immediately following such conviction may apply to the department for a permit. Upon the applicants surrender to the department of his or her drivers license and the execution of a similar affidavit, or if the drivers license has been lost, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit.'
SECTION 7. Said chapter is further amended in Code Section 40-5-75, relating to suspension of licenses by operation of law, by striking subsection (b) and inserting in its place the following:
'(b) Whenever a person is convicted of possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391; or the law of any other jurisdiction, the court in which such conviction is had shall require the surrender to it of any drivers license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the department within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of

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surrender of the drivers license or on the date that the department processes the conviction or citation, whichever shall first occur of such persons conviction for the offense resulting in such suspension; provided, however, that, effective July 1, 1994, if, at the time of conviction of any offense listed in subsection (a) of this Code section, the person does not have a drivers license or the persons drivers license has been previously suspended, the periods of suspension specified by this Code section shall not commence until the person applies for the issuance or reinstatement of a drivers license.'" By redesignating Sections 1 through 3 as Sections 9 through 11.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, 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 Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter Y Burmeister Y Butler E Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes E Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath E Heckstall Y Hembree

Y 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
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee E McCall Y McClinton

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott

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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M E Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R
Wix

Y Crawford Y Cummings

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Y Henson Y Hill, C

Y Millar Y Mills

Y Shaw Y Sheldon

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Y Yates Coleman, Speaker

On the passage of the Bill, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 418. By Senators Unterman of the 45th, Collins of the 6th, Johnson of the 1st, Balfour of the 9th, Lee of the 29th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide for the crime of female genital mutilation; to provide for penalties; to provide for exceptions; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

Representative Orrock of the 51st moved that the House insist on its position in substituting SB 418.
The motion prevailed.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 1303. By Representative Jamieson of the 22nd:
A BILL to amend code Section 44-14-471 of the Official Code of Georgia Annotated, relating to the perfection of hospital, nursing home, and traumatic burn care medical practice liens, so as to change certain provisions regarding notice; and for other purposes.

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The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1190. By Representatives O`Neal of the 117th, Coleman of the 65th, Burkhalter of the 36th and Golick of the 34th, Post 3:
A BILL to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for the revision of certain provisions regarding education flexibility and accountability; to change certain provisions regarding school councils; to change certain provisions regarding early intervention programs; to change certain provisions regarding budgeting, funding, and accounting; to change certain provisions regarding program weights; to change certain provisions regarding effectiveness assessment; to amend the Official Code of Georgia Annotated, so as to change the name "Office of Education Accountability" to "Office of Student Achievement"; and for other purposes.

Representative Burkhalter of the 36th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1190 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Holmes of the 48th, Post 1, Reece of the 11th and Ashe of the 42nd, Post 2.
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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 497 Do Pass, by Substitute SB 603 Do Pass, by Substitute

THURSDAY, APRIL 1, 2004
Respectfully submitted, /s/ Jenkins of the 93rd
Chairman

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The following Resolutions of the House were read and adopted:

HR 1872. By Representatives Murphy of the 97th, Heard of the 75th, Howard of the 98th and Jackson of the 124th, Post 1:
A RESOLUTION commending the Augusta Alumni Chapter of Kappa Alpha Psi Fraternity; and for other purposes.

HR 1873. By Representatives Jenkins of the 93rd, Howell of the 92nd and Lunsford of the 85th, Post 2:
A RESOLUTION in memory and honoring the life of Mr. T.J. Hall; and for other purposes.

HR 1874. By Representatives Jenkins of the 93rd, Howell of the 92nd and Lunsford of the 85th, Post 2:
A RESOLUTION in memory and honoring the life of Mr. Rufus Adams; and for other purposes.

HR 1875. By Representative Jenkins of the 93rd:
A RESOLUTION commending Mary Lou Jordan and congratulating her on her retirement; and for other purposes.

HR 1876. By Representative Jenkins of the 93rd: A RESOLUTION commending Bunn Logging, Inc.; and for other purposes.

HR 1877. By Representative Jenkins of the 93rd:

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A RESOLUTION commending Matt Mosley on attaining the rank of Eagle Scout; and for other purposes.

HR 1878. By Representative Jenkins of the 93rd:
A RESOLUTION in memory of the life of Mrs. Rose Mary Ivey and honoring her many contributions to Monroe County and the State of Georgia; and for other purposes.

HR 1879. By Representative Jenkins of the 93rd:
A RESOLUTION commending Investigator Martin Ursitti; and for other purposes.

HR 1880. By Representatives Heard of the 75th, McBee of the 74th and Smith of the 76th:
A RESOLUTION commending the members of the Athens Voices of Truth; and for other purposes.

HR 1881. By Representatives Harrell of the 54th, Graves of the 106th, O`Neal of the 117th, Harbin of the 80th and Hugley of the 113th:
A RESOLUTION commending the Georgia Chapter of the American Academy of Pediatrics and recognizing it on the occasion of its 50th anniversary; and for other purposes.

HR 1882. By Representatives Bannister of the 70th, Post 1, Heard of the 70th, Post 3 and Dix of the 70th, Post 2:
A RESOLUTION commending Mr. Steve Reynolds; and for other purposes.

HR 1883. By Representative Smith of the 76th:
A RESOLUTION commending James F. McClain, Jr.; and for other purposes.

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HR 1884. By Representatives Lunsford of the 85th, Post 2, Yates of the 85th, Post 1, Westmoreland of the 86th, Richardson of the 26th, Smith of the 110th and others:
A RESOLUTION commending Mr. and Mrs. Curtis Hamilton on the occasion of their fiftieth wedding anniversary; and for other purposes.

HR 1885. By Representatives Rogers of the 20th, Reece of the 21st, Mills of the 67th, Post 2, Amerson of the 9th and Coan of the 67th, Post 1:
A RESOLUTION honoring and remembering the life of Dr. James M. "Buddy" Alday; and for other purposes.

HR 1886. By Representatives Rogers of the 20th, Reece of the 21st, Mills of the 67th, Post 2, Amerson of the 9th and Coan of the 67th, Post 1:
A RESOLUTION honoring and remembering the life of Mr. Edward Hogan "Doc" Shannon, Sr.; and for other purposes.

HR 1887. By Representative Douglas of the 73rd:
A RESOLUTION commending the soldiers of the lst of the 3rd Air Defense Artillery and recognizing and saluting their valiant participation in Operation Iraqi Freedom; and for other purposes.

HR 1888. By Representatives Rogers of the 20th, Reece of the 21st, Mills of the 67th, Post 2, Amerson of the 9th and Coan of the 67th, Post 1:
A RESOLUTION commending the Lanier Sharks under-10 select soccer team; and for other purposes.

HR 1889. By Representatives Powell of the 23rd and McCall of the 78th:
A RESOLUTION commending the World War II Veterans of northeast Georgia, the home front, and their families; to recognize May 24-30, 2004; as Georgia's "Tribute to Its World War II Generation"; and for other purposes.

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HR 1890. By Representative Ralston of the 6th:
A RESOLUTION honoring and commending the Fannin Inn Motel and Restaurant; and for other purposes.

HR 1891. By Representatives Reece of the 21st and Rogers of the 20th: A RESOLUTION commending Cindy Smith; and for other purposes.

HR 1892. By Representatives White of the 3rd, Post 2, Brock of the 5th, Williams of the 4th and Forster of the 3rd, Post 1:
A RESOLUTION commending Jerry Albertson; and for other purposes.

HR 1893. By Representatives Day of the 126th, Stephens of the 123rd, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2, Bordeaux of the 125th and others:
A RESOLUTION commending Ed Poenicke; and for other purposes.

HR 1894. By Representatives Benfield of the 56th, Post 1, Henson of the 55th, Oliver of the 56th, Post 2, Greene-Johnson of the 60th, Post 3 and Mobley of the 58th:
A RESOLUTION commending and recognizing the Honorable John W. Lawson and his service and dedication to the City of Avondale Estates; and for other purposes.

HR 1895. By Representative Wix of the 33rd, Post 1: A RESOLUTION commending Bill Kinney; and for other purposes.

HR 1896. By Representative Wix of the 33rd, Post 1:
A RESOLUTION expressing regret at the passing of Frank Earp; and for other purposes.

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HR 1897. By Representatives Graves of the 106th, Henson of the 55th, Snow of the 1st, Smith of the 76th, Ralston of the 6th and others:
A RESOLUTION commending states which have enacted a Meth Watch Program to assist law enforcement in its ongoing battle against methamphetamine, commonly called "meth" and to provide retailers with training resources needed to make the theft or purchase of ephedrine and pseudoephedrine products, as well as other legitimate consumer porducts for illicit purposes, more difficult; and for other purposes.

HR 1898. By Representatives Graves of the 106th and Birdsong of the 104th:
A RESOLUTION commending Sergeant-Major Oscar Sapp, Jr.; and for other purposes.

HR 1899. By Representatives Stokes of the 72nd and Walker of the 71st, Post 1:
A RESOLUTION commending and congratulating the Social Circle High School ladies basketball team and Head Coach Crystal Wood; and for other purposes.

HR 1900. By Representatives Reece of the 11th, Holmes of the 48th, Post 1, Ashe of the 42nd, Post 2, Greene-Johnson of the 60th, Post 3 and Hugley of the 113th:
A RESOLUTION recognizing and commending Trion Middle School on its designation as a 2004 Georgia School of Excellence in Student Achievement; and for other purposes.

HR 1901. By Representatives Thomas of the 43rd, Post 1, Orrock of the 51st, StanleyTurner of the 43rd, Post 2, Thomas Morgan of the 33rd, Post 2 and Mobley of the 58th:
A RESOLUTION commending Beverly Guy-Sheftall; and for other purposes.

HR 1902. By Representatives Thomas of the 43rd, Post 1, Orrock of the 51st, StanleyTurner of the 43rd, Post 2 and Brooks of the 47th:

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JOURNAL OF THE HOUSE A RESOLUTION commending Helene S. Mills; and for other purposes.

HR 1903. By Representatives Thomas of the 43rd, Post 1, Brooks of the 47th, StanleyTurner of the 43rd, Post 2, Mangham of the 62nd and Thomas Morgan of the 33rd, Post 2:
A RESOLUTION commending Joseph H. Beasley; and for other purposes.

HR 1904. By Representatives Thomas of the 43rd, Post 1, Orrock of the 51st, StanleyTurner of the 43rd, Post 2, Mobley of the 58th and Sinkfield of the 50th:
A RESOLUTION commending Dazon Dixon Diallo; and for other purposes.

HR 1905. By Representatives Thomas of the 43rd, Post 1, Brooks of the 47th, Teper of the 42nd, Post 1 and Stanley-Turner of the 43rd, Post 2:
A RESOLUTION commending Dr. James W. and Anita L. Beaty; and for other purposes.

HR 1906. By Representatives Thomas of the 43rd, Post 1, Orrock of the 51st, StanleyTurner of the 43rd, Post 2, Mobley of the 58th and Brooks of the 47th:
A RESOLUTION commending Loretta J. Ross; and for other purposes.

HR 1907. By Representatives Thomas of the 43rd, Post 1, Orrock of the 51st, StanleyTurner of the 43rd, Post 2 and Brooks of the 47th:
A RESOLUTION commending Valena Henderson; and for other purposes.

HR 1908. By Representative Powell of the 23rd: A RESOLUTION commending Pete Adkins; and for other purposes.

HR 1909. By Representatives Powell of the 23rd, Coleman of the 118th, Childers of the 13th, Post 1, Smith of the 13th, Post 2 and Cummings of the 19th:

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A RESOLUTION commending Charles Graves; and for other purposes.

HR 1910. By Representatives Hugley of the 113th, Smyre of the 111th and Buckner of the 109th:
A RESOLUTION recognizing Pastor Raymond Cochran and Mrs. Mary Cochran and congratulating them on the occasion of their 50th wedding anniversary; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 762. By Representatives Floyd of the 69th, Post 2, Marin of the 66th, Thomas Morgan of the 33rd, Post 2 and Thompson of the 69th, Post 1:
A BILL to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to change certain provisions relating to removal of trade fixtures during term and when property is abandoned; to change certain provisions relating to judgment, writ of possession, landlord's liability for wrongful conduct, and distribution of funds paid into court; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to change certain provisions relating to judgment, writ of possession, landlords liability for wrongful conduct, and distribution of funds paid into court; to provide for removal of a tenant or the tenants personal property under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, is amended in Code Section 44-7-55, relating to judgment, writ of possession,

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landlords liability for wrongful conduct, and distribution of funds paid into court, by inserting at the end thereof a new subsection (c) to read as follows:
"(c) Any writ of possession issued pursuant to this article shall authorize the removal of the tenant or his or her personal property or both from the premises and permit the placement of such personal property on some portion of the landlords property or on other property as may be designated by the landlord and as may be approved by the executing officer; provided, however, that the landlord shall not be a bailee of such personal property and shall owe no duty to the tenant regarding such personal property. After execution of the writ, such property shall be regarded as abandoned."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Floyd of the 69th, Post 2 moved that the House agree to the Senate substitute to HB 762.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson
Ashe Y Bannister
Barnard Y Barnes
Beasley-Teague Benfield Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter Y Burmeister Y Butler E Campbell Y Casas Y Chambers Y Channell Childers

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes E Ehrhart Y Elrod
Epps Y Fleming Y Floyd, H
Floyd, J Fludd Forster Y Franklin Y Gardner Y Golick Y Graves, D Graves, T Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K

Y Hill, C.A Hill, V
Y Hines Holmes Houston
Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson
Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Keen Y Knox Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Mangham Y Manning Y Marin Martin E Massey Y Maxwell

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q
Noel Y Oliver, B Y Oliver, M
O'Neal Orrock Parham Y Parrish Y Parsons Porter Y Powell Purcell Y Ralston Y Randall Ray Y Reece, B Y Reece, S Y Rice Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal

Y Sholar Y Sims Y Sinkfield
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 Y Stephenson Y Stokes Y Stoner Y Teilhet
Teper Y Thomas Morgan Y Thomas, A.M E Thompson Y Walker, L Y Walker, R.L Y Warren
Watson Westmoreland Y White Y Wilkinson Willard Y Williams, A

Y Coan Coleman, B
Y Cooper Y Crawford Y Cummings

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Y Heath E Heckstall Y Hembree Y Henson Y Hill, C

Y McBee E McCall Y McClinton Y Millar Y Mills

Y Rynders Sailor
Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 131, nays 0. The motion prevailed.

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Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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 resolution of the Senate:
SR 1101. By Senators Johnson of the 1st, Meyer von Bremen of the 12th and Stephens of the 51st:
A RESOLUTION relative to adjournment; and for other purposes.

The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendments thereto:

HB 923. By Representatives Heard of the 75th and McBee of the 74th:
A BILL to amend Article 4 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable under the Georgia Judicial Retirement System, so as to provide that a member of such retirement system who is a vested member in a local retirement system and who has not withdrawn his or her contributions shall be entitled to have all of the employer and employee contributions paid by or on behalf of such member transferred to the Georgia Judicial Retirement System; and for other purposes.

The following Senate amendment was read:

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The Senate moves to amend HB 923 by striking line 22 of page 1 and inserting in lieu thereof the following:
"(b) Any active member wishing to have funds transferred as provided in subsection (a) of this".

The following amendment was read and adopted:
Representative Oliver of the 56th, Post 2 moves to amend the Senate amendment to HB 923 by striking lines 2 through 4 of page 1 and inserting in lieu thereof the following:
"Amend HB 923 by inserting on line 1 of page 1, following the words 'To amend', the following:
'Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to define a certain term; to provide that certain administrative law judges shall be eligible for membership in such retirement system; to provide for an election of membership; to provide for a transfer of contributions to such retirement system from the Employees Retirement System of Georgia; to provide for an award of creditable service on an actuarial basis; to amend'.
By inserting immediately following line 12 of page 1 the following:
'Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, is amended by inserting at the end thereof the following:
"47-23-50. (a) As used in this Code section, the term 'administrative law judge' means any fulltime administrative law judge appointed pursuant to Article 2 of Chapter 9 of Title 34 or Article 2 of Chapter 13 of Title 50 and who is employed in a full-time position requiring admission to the State Bar of Georgia as a condition of employment. (b) Any administrative law judge may make an irrevocable election to become a member by so notifying the board of trustees not later than December 31, 2004, or within 90 days after becoming so employed, whichever date is later. (c) Any such person who on July 1, 2004, had prior service as an administrative law judge shall be entitled to creditable service in this retirement system only for actual service in such position. Upon the members request, the Employees Retirement System of Georgia shall transfer to this retirement system all employer and employee contributions paid by or on behalf of any such member with regular interest thereon. The member is authorized, but not required, to pay to the board of trustees such additional amount as the member desires, each payment to be made within 12 months of electing to become a member of this retirement system. Such

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member shall receive only such creditable service, not to exceed the actual years of service, as that amount will warrant without creating any accrued liability to this retirement system."
SECTION 2.'
By redesignating Sections 2 and 3 on page 2 as Sections 3 and 4, respectively."

Representative Heard of the 75th moved that the House agree to the Senate amendment, as amended by the House, to HB 923.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Anderson Ashe
Y Bannister Barnard
Y Barnes Beasley-Teague Benfield Birdsong
Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter Y Burmeister Y Butler E Campbell Y Casas
Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes E Ehrhart Y Elrod
Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath E Heckstall Y Hembree
Henson Y Hill, C

Y Hill, C.A 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
Joyce Keen Y Knox Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee E McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

Y Sholar Y Sims Y Sinkfield
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 Y Stephenson Y Stokes Y Stoner Y Teilhet
Teper Y Thomas Morgan Y Thomas, A.M E Thompson Y Walker, L Y Walker, R.L Y Warren
Watson Westmoreland Y White Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Yates Coleman, Speaker

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On the motion, the ayes were 140, nays 0. The motion prevailed.

Representative Forster of the 3rd, Post 1 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.

HB 1175. By Representatives Jamieson of the 22nd, Greene of the 134th, Oliver of the 56th, Post 2, Stephens of the 123rd, Graves of the 106th and others:
A BILL to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to provide for applicability of such chapter with respect to cosmetology training programs operated by the Department of Corrections, the instructors of such programs, or inmates enrolled in such programs; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to provide for applicability of such chapter with respect to cosmetology training programs operated by the Department of Corrections, the instructors of such programs, or inmates enrolled in such programs; to revise qualifications for members of the State Board of Cosmetology; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, is amended by adding a new Code section at the end thereof, to be designated Code Section 43-10-20, to read as follows:
"43-10-20. (a) For the purposes of this chapter, the teachers and instructors of and courses of instruction or training in cosmetology operated by the Department of Corrections shall be considered to be subject to the same standards and to be part of the cosmetology programs that are approved by the Department of Technical and Adult Education or the

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Department of Education as provided for by paragraphs (8), (9), and (10) of Code Section 43-10-1 and paragraph (6) of Code Section 43-10-12. (b) The board shall be required to test an inmate who is an applicant for a certificate of registration under this chapter who has completed successfully a cosmetology training program operated by the Department of Corrections and who meets the requirements stated in Code Section 43-10-9. If such inmate passes the applicable written and practical examinations, the board may issue the appropriate certificate of registration to such inmate after consideration of all requirements under Code Sections 43-10-9 and 43-1-19."
SECTION 2. Said chapter is further amended by striking Code Section 43-10-2, relating to creation of the State Board of Cosmetology, and inserting in its place a new Code Section 43-10-2 to read as follows:
"43-10-2. (a) There is created the State Board of Cosmetology. The board shall consist of nine members who shall be residents of this state. The board shall have the duty of carrying out and enforcing this chapter. (b) Members of the board shall be at least 25 years of age and be high school graduates have obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree; and five of such members must have had at least five years of practical experience in the practice of cosmetology at the master level, a portion of which must have been as a beauty salon owner or manager. One member of the board must have had at least five years of practical experience in the practice of cosmetology at the esthetician level. One member of the board must have had at least five years of practical experience as a manicurist. (c) The board shall meet as necessary each year for the purpose of holding examinations, adopting rules and regulations, and handling other matters pertaining to duties of the board. (d) No member of the board shall be affiliated with any school of cosmetology. Two members shall not have any connection with the practice or business of cosmetology whatsoever but shall have a recognized interest in consumer affairs and in consumer protection concerns. No member of the board shall be affiliated or connected in any manner with any manufacturer or wholesale or jobbing house dealing with supplies sold to practitioners of cosmetology while in office. (e) Board members shall be appointed by the Governor for a term of three years and until their successors are appointed and qualified. Vacancies shall be filled by the Governor for the unexpired portion of the term. The board may do all things necessary for carrying this chapter into effect and may, from time to time, promulgate necessary rules and regulations compatible with this chapter. The Governor may remove any board member for cause as provided in Code Section 43-1-17. (f) Each year the members shall elect a chairman from among themselves. In the event the members cannot agree as to who shall be chairman, the Governor shall appoint one

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of such members as chairman. The chairman so elected or appointed shall be eligible to succeed himself or herself. The members of the board shall be considered public officers and shall take the oath required thereof. (g) The board shall adopt a seal to be used to authenticate all its official papers and acts and shall have power to subpoena witnesses, administer oaths, and hear and take testimony in any matter over which it may have jurisdiction."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Jamieson of the 22nd and Greene of the 134th move to amend the Senate substitute to HB 1175 by striking "may" and inserting in it place "shall" on line 22 of page 1.
By striking the period and quotation marks at the end of line 23 of page 1 and inserting in their place the following:
"; provided, however, that the board shall not apply the provisions of paragraph (4) of Code Section 43-1-19 to such inmate based solely upon such persons status as an inmate and shall apply such provisions in the same manner as would otherwise be applicable to an applicant who is not an inmate.'"

Representative Jamieson of the 22nd moved that the House agree to the Senate substitute, as amended by the House, to HB 1175.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Anderson Ashe
Y Bannister Barnard
Y Barnes Beasley-Teague Benfield Birdsong
Y Black Y Boggs Y Bordeaux Y Borders Y Bridges

Y Day Dean
Y Deloach Dix
Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes E Ehrhart Y Elrod
Epps Y Fleming

Y Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson
Jenkins, C Y Jenkins, C.F

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham

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

Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter Y Burmeister Y Butler E Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, APRIL 1, 2004

Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath E Heckstall Y Hembree
Henson Y Hill, C

Jones Y Jordan
Joyce Keen Y Knox Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee E McCall McClinton Y Millar Y Mills

Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston
Randall Ray Y Reece, B Y Reece, S Y Rice Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 136, nays 2. The motion prevailed.

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Y Stephenson Y Stokes Y Stoner Y Teilhet
Teper Y Thomas Morgan Y Thomas, A.M E Thompson Y Walker, L Y Walker, R.L Y Warren
Watson Westmoreland Y White Y Wilkinson Willard Y Williams, A Williams, E Y Williams, R Y Wix Yates Coleman, Speaker

Representative Williams of the 61st, Post 2 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.

HB 198. By Representatives Buckner of the 82nd, Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Jamieson of the 22nd, Coleman of the 65th and others:
A BILL to amend Part 10 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Professional Standards Act," so as to revise provisions relating to the Professional Standards Commission and its powers and duties; to provide that members of local boards of education shall be subject to the jurisdiction of the commission; and for other purposes.

The following Senate amendment was read:

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The Senate moves to amend HB 198 by adding at the end of line 14:
No person may serve as a local board of education member who has had any certificate issued by the Professional Standards Commission suspended in whole or in part upon any Commission finding that the person has failed to maintain a professional relationship with students.

The following amendment was read and adopted:

Representative Buckner of the 82nd et al. move to amend the Senate amendment to HB 198 by inserting on line 2 of page 1 immediately after "as" the following:
"to protect students from unethical behavior;".
By inserting on line 3 of page 1 immediately after "ethics;" the following:
"to require a prompt request for a criminal record check for a newly hired teacher, principal, or other certificated professional employee;".
By inserting after Section 1 the following:
"SECTION 2. Said chapter is further amended by striking paragraph (1) of subsection (e) of Code Section 20-2-211, relating to annual contracts of teachers, principals, and other certificated professional personnel, and inserting in lieu thereof the following:
'(e)(1) All personnel employed by a local unit of administration after July 1, 2000, whether or not such personnel hold certificates from the Professional Standards Commission, shall be fingerprinted and have a criminal record check made as required by this subsection. The local unit of administration shall request the criminal record check within ten working days following the date of hire. The local unit of administration shall have the authority to employ a person holding such a certificate under a provisional or temporary contract for a maximum of 200 days and to employ a person who does not hold such a certificate for a maximum of 200 days, in order to allow for the receipt of the results of the criminal record check. Teachers, principals, and other certificated personnel whose employment in a local unit of administration is renewed pursuant to this subpart after July 1, 2000, shall have a criminal record check made as required by this subsection upon any certificate renewal application to the Professional Standards Commission. The local unit of administration shall adopt policies to provide for the subsequent criminal record checks of noncertificated personnel continued in employment in the local unit of administration.'"

THURSDAY, APRIL 1, 2004 By renumbering Section 2 as Section 3.

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Representative Buckner of the 82nd moved that the House agree to the Senate amendment, as amended by the House, to HB 198.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Anderson Ashe
Y Bannister Y Barnard Y Barnes
Beasley-Teague Benfield Y Birdsong Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter N Burmeister Butler E Campbell N Casas Chambers Y Channell Y Childers N Coan N Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean Deloach
Y Dix Y Dodson Y Dollar Y Dooley N Douglas E Drenner Y Dukes E Ehrhart N Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster
Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell N Heard, J Y Heard, K N Heath E Heckstall Y Hembree
Henson Y Hill, C

Y Hill, C.A Y Hill, V
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
Joyce Y Keen N Knox Y Lane N Lewis
Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey N Maxwell Y McBee E McCall Y McClinton
Millar N Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice N Richardson Y Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Y Rynders
Sailor Scott Y Shaw N Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B Y Smith, L
Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren
Watson Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

On the motion, the ayes were 128, nays 21. The motion prevailed.

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The following Resolution of the Senate was read:

SR 1101. By Senators Johnson of the 1st, Meyer von Bremen of the 12th and Stephens of the 51st

A RESOLUTION

Relative to adjournment; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at the close of the legislative day on Thursday, April 1, 2004, and shall reconvene on Wednesday, April 7, 2004, the 40th legislative day.

BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Amerson Anderson Ashe
Y Bannister Y Barnard Y Barnes
Beasley-Teague Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter Y Burmeister Butler E Campbell

Y Day Dean
Y Deloach Y Dix Y Dodson
Dollar Y Dooley Y Douglas E Drenner Y Dukes E Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin

Y 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
Joyce Y Keen
Knox Y Lane N Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel
Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J

Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B Y Smith, L
Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson N 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 Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, APRIL 1, 2004

Harper Y Harrell Y Heard, J Y Heard, K N Heath E Heckstall Y Hembree
Henson N Hill, C

Y Marin Y Martin E Massey Y Maxwell Y McBee E McCall Y McClinton
Millar Y Mills

Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

On the adoption of the Resolution, the ayes were 144, nays 9. The Resolution was adopted.

3401
Y White Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 1136. By Representatives Lunsford of the 85th, Post 2, Royal of the 140th, Westmoreland of the 86th, Graves of the 10th, Yates of the 85th, Post 1 and others:
A BILL to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; to provide for governance of the bank by the members of the authority; to provide for the functions of the bank in general and in particular with respect to the financing of transportation projects of government units and private entities contracting with government units; to define terms; to provide for the powers, duties, governance, and operations of the bank; to provide for capitalization of the bank and funding sources;

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to authorize the issuance of bonds by the authority for purposes of the bank; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, is amended by adding at its end a new Part 3 to read as follows:
"Part 3
32-10-120. This part shall be known and may be cited as the 'Georgia Transportation Infrastructure Bank Act.'
32-10-121. (a) There is created within the State Road and Tollway Authority an instrumentality of the state to be known as the Georgia Transportation Infrastructure Bank. (b) The bank shall be governed by the members of the State Road and Tollway Authority as provided in this chapter. (c) The corporate purpose of the bank is to select and assist in financing qualified projects by providing loans and other financial assistance to government units and private entities for constructing and improving highway and transportation facilities necessary for public purposes, including economic development. The exercise by the bank of a power conferred in this part is an essential public function. (d) The bank shall establish and maintain at least the four following accounts: state and local highway account, state and local transit account, federal highway account, and federal transit account.
32-10-122. As used in this part, unless the context clearly indicates otherwise, the term:
(1) 'Bank' means the Georgia Transportation Infrastructure Bank. (2) 'Board' means the members of the State Road and Tollway Authority. (3) 'Department of Transportation' means the Georgia Department of Transportation and its successors. (4) 'Eligible costs' means as applied to a qualified project to be financed from the federal highway accounts, the costs that are permitted under applicable federal laws, requirements, procedures, and guidelines in regard to establishing, operating, and providing assistance from the bank. As applied to a qualified project to be financed from the state and local highway account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the

THURSDAY, APRIL 1, 2004

3403

qualified project, construction, construction management, facilities, and other costs necessary for the qualified project. As applied to any qualified project to be financed from the federal transit account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, equipment, facilities, and other nonoperating costs necessary for the qualified project. As applied to any qualified project to be financed from the state and local transit account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, equipment, facilities, and other nonoperating costs necessary for the qualified project. (5) 'Eligible project' means a highway, including bridges, air transport, airport, rails, or transit project which provides public benefits by either enhancing mobility and safety, promoting economic development, or increasing the quality of life and general welfare of the public. The term 'eligible project' also includes mass transit systems including, but not limited to, monorail and monobeam mass transit systems. There may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive, and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation. (6) 'Federal accounts' means, collectively, the separate account for federal highway funds and federal transit funds. (7) 'Financing agreement' means any agreement entered into between the bank and a qualified borrower pertaining to a loan or other financial assistance. This agreement may contain, in addition to financial terms, provisions relating to the regulation and supervision of a qualified project, or other provisions as the board may determine. The term 'financing agreement' includes, without limitation, a loan agreement, trust indenture, security agreement, reimbursement agreement, guarantee agreement, bond or note, ordinance or resolution, or similar instrument. (8) 'Government unit' means a municipal corporation, county, or other public body, instrumentality, or agency of state or local government, including combinations of two or more of these entities acting jointly to construct, own, or operate a qualified project, and any other state or local authority, board, commission, agency, department, or other political subdivision created by the General Assembly or pursuant to the Constitution and laws of this state which may construct, own, or operate a qualified project. (9) 'Loan' means an obligation subject to repayment which is provided by the bank to a qualified borrower for all or a part of the eligible costs of a qualified project. A loan

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may be disbursed in anticipation of reimbursement for or direct payment of the eligible costs of a qualified project. (10) 'Loan obligation' means a bond, note, or other evidence of an obligation issued by a qualified borrower. (11) 'Other financial assistance' includes, but is not limited to, grants, contributions, credit enhancement, capital or debt reserves for bonds or debt instrument financing, interest rate subsidies, provision of letters of credit and credit instruments, provision of bond or other debt financing instrument security, and other lawful forms of financing and methods of leveraging funds that are approved by the board, and in the case of federal funds, as allowed by federal law. (12) 'Private entity' means a private person or entity that has entered into a contract with a government unit to design, finance, construct, and operate an eligible project within the jurisdiction of the government unit responsible for complying with applicable federal requirements. (13) 'Project revenues' or 'revenues' means all rates, rents, fees, assessments, charges, and other receipts derived or to be derived by a qualified borrower from a qualified project or made available from a special source, and, as provided in the applicable financing agreement, derived from any system of which the qualified project is a part or from any other revenue producing facility under the ownership or control of the qualified borrower including, without limitation, proceeds of grants, gifts, appropriations and loans, including the proceeds of loans made by the bank, investment earnings, reserves for capital and current expenses, proceeds of insurance or condemnation and proceeds from the sale or other disposition of property and from any other special source as may be provided by the qualified borrower. (14) 'Qualified borrower' means any government unit or private entity which is authorized to construct, operate, or own a qualified project. (15) 'Qualified project' means an eligible project which has been selected by the bank to receive a loan or other financial assistance from the bank to defray an eligible cost. (16) 'State and local accounts' means, collectively, the separate account for state and local highway funds and state and local transit funds.
32-10-123. In administering the affairs of the bank, the board may exercise any or all of the powers granted to the authority under Parts 1 and 2 of this article, as well as the powers granted in this part. Without limiting the generality of the foregoing, the board is specifically authorized to issue bonds for the purposes of the bank, in the same general manner provided in Part 2 of this article.
32-10-124. (a) In addition to the powers contained elsewhere in this article, the board has all power necessary, useful, or appropriate to fund, operate, and administer the bank, and to perform its other functions including, but not limited to, the power to:
(1) Have perpetual succession;

THURSDAY, APRIL 1, 2004

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(2) Adopt, promulgate, amend, and repeal bylaws, not inconsistent with provisions in this part for the administration of the bank's affairs and the implementation of its functions, including the right of the board to select qualifying projects and to provide loans and other financial assistance; (3) Sue and be sued in the name of the bank; (4) Have a seal and alter it at its pleasure, although the failure to affix the seal does not affect the validity of an instrument executed on behalf of the bank; (5) Make loans to qualified borrowers to finance the eligible costs of qualified projects and to acquire, hold, and sell loan obligations at prices and in a manner as the board determines advisable; (6) Provide qualified borrowers with other financial assistance necessary to defray eligible costs of a qualified project; (7) Enter into contracts, arrangements, and agreements with qualified borrowers and other persons and execute and deliver all financing agreements and other instruments necessary or convenient to the exercise of the powers granted in this part; (8) Enter into agreements with a department, agency, or instrumentality of the United States or of this state or another state for the purpose of providing for the financing of qualified projects; (9) Establish:
(A) Policies and procedures for the making and administering of loans and other financial assistance; and (B) Fiscal controls and accounting procedures to ensure proper accounting and reporting by the bank, government units, and private entities; (10) Acquire by purchase, lease, donation, or other lawful means and sell, convey, pledge, lease, exchange, transfer, and dispose of all or any part of its properties and assets of every kind and character or any interest in it to further the public purpose of the bank; (11) Procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from any public or private entity or instrumentality of the United States or this state, for the payment of any bonds issued by it, including the power to pay premiums or fees on any insurance, guarantees, letters of credit, and other forms of collateral or security or credit support; (12) Collect or authorize the trustee under any trust indenture securing any bonds to collect amounts due under any loan obligations owned by it, including taking the action required to obtain payment of any sums in default; (13) Unless restricted under any agreement with holders of bonds, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any loan obligations owned by it; (14) Borrow money through the issuance of bonds and other forms of indebtedness as provided in this article; (15) Expend funds to obtain accounting, management, legal, financial consulting, and other professional services necessary to the operations of the bank;

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(16) Expend funds credited to the bank as the board determines necessary for the costs of administering the operations of the bank; (17) Establish advisory committees as the board determines appropriate, which may include individuals from the private sector with banking and financial expertise; (18) Procure insurance against losses in connection with its property, assets, or activities including insurance against liability for its acts or the acts of its employees or agents or to establish cash reserves to enable it to act as a self-insurer against any and all such losses; (19) Collect fees and charges in connection with its loans or other financial assistance; (20) Apply for, receive, and accept from any source, aid, grants, or contributions of money, property, labor, or other things of value to be used to carry out the purposes of this part subject to the conditions upon which the aid, grants, or contributions are made; (21) Enter into contracts or agreements for the servicing and processing of financial agreements; (22) Accept and hold, with or without payment of interest, funds deposited with the bank by government units and private entities; and (23) Do all other things necessary or convenient to exercise powers granted or reasonably implied by this part. (b) The bank is not authorized or empowered to be or to constitute a bank or trust company within the jurisdiction or under the control of this state or an agency of it or the Comptroller of the Currency or the Treasury Department of the United States, or a bank, banker, or dealer in securities within the meaning of, or subject to the provisions of, any securities, securities exchange, or securities dealers' law of the United States or of this state. The use of the word 'bank' in the Georgia Transportation Infrastructure Bank is required by federal law. For the express purpose as described in this part, the use of the word 'bank' in this part does not violate Code Section 7-1-243. In addition, all deposits taken by the bank shall contain a notice stating that the deposits are not insured by the Federal Deposit Insurance Corporation.
32-10-125. (a) The following sources may be used to capitalize the bank and for the bank to carry out its purposes:
(1) Appropriations by the General Assembly; (2) Federal funds not already dedicated for another purpose and made available to the state specifically for this purpose and federal funds, including Surface Transportation Program and Congestion Mitigation and Air Quality funds, which may be made available to any government unit for purposes of financing qualified transit projects; (3) Contributions, donations, and deposits from government units, private entities, and any other source as may become available to the bank; (4) All moneys paid or credited to the bank, by contract or otherwise, payments of principal and interest on loans or other financial assistance made from the bank, and

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interest earnings which may accrue from the investment or reinvestment of the banks moneys; (5) Proceeds from the issuance of bonds as provided in this part; and (6) Other lawful sources not already dedicated for another purpose as determined appropriate by the board. (b) Without limiting the provisions of subsection (a) of this Code section, it is specifically provided that any local government may use the proceeds of any local motor fuel tax which may be hereafter made available by law for the purposes of this part, including without limitation the funding of eligible projects and contributions, donations, and deposits to the bank. (c) Neither the proceeds of the state motor fuel taxes nor any other state revenue source currently dedicated to any particular purpose or program shall be used to capitalize the bank. State tax revenues may not be appropriated or used to fund the bank.
32-10-126. (a) Earnings on balances in the federal accounts must be credited and invested according to federal law. Earnings on state and local accounts must be credited to the state and local highway account or state and local transit account that generates the earnings. The bank may establish accounts and subaccounts within the state and local accounts and federal accounts as considered desirable to effectuate the purposes of this part, or to meet the requirements of any state or federal programs. (b) For necessary and convenient administration of the bank, the board shall establish federal and state and local accounts and subaccounts within the bank necessary to meet any applicable federal law requirements or as the bank shall determine necessary or desirable in order to implement the provisions of this part. (c) The bank shall comply with all applicable federal laws and regulations prohibiting the commingling of certain federal funds deposited in the bank.
32-10-127. (a) The bank may provide loans and other financial assistance to a government unit or private entity to pay for all or part of the eligible costs of a qualified project. The term of the loan or other financial assistance shall not exceed the useful life of the project. The bank may require the government unit or private entity to enter into a financing agreement in connection with its loan obligation or other financial assistance. The board shall determine the form and content of loan applications, financing agreements, and loan obligations including the term and rate or rates of interest on a financing agreement. The terms and conditions of a loan or other financial assistance from federal accounts shall comply with applicable federal requirements. (b) The selection of which eligible projects are to receive a loan or other financial assistance from the bank shall be in accordance with the following criteria:
(1) Preference shall be given to eligible projects which have local financial support; (2) An eligible project shall be included on a state-wide transportation improvement program or a local or regional transportation plan by the board; and

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(3) Other criteria adopted by the board. (c) The selection of an eligible project to receive financial assistance from the bank, as defined in this part, neither constitutes the initiation of an authority project as established in Code Section 32-10-67, nor is considered an authority project, as defined in paragraph (5) of Code Section 32-10-60.
32-10-128. (a) Qualified borrowers are authorized to obtain loans or other financial assistance from the bank through financing agreements. Qualified borrowers entering into financing agreements and issuing loan obligations to the bank may perform any acts, take any action, adopt any proceedings, and make and carry out any contracts or agreements with the bank as may be agreed to by the bank and any qualified borrower for the carrying out of the purposes contemplated by this part. (b) In addition to the authorizations contained in this part, all other statutes or provisions permitting government units to borrow money and issue obligations, including, but not limited to Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' may be utilized by any government unit in obtaining a loan or other financial assistance from the bank to the extent determined necessary or useful by the government unit in connection with any financing agreement and the issuance, securing, or sale of loan obligations to the bank. (c) A qualified borrower may receive, apply, pledge, assign, and grant security interests in project revenues to secure its obligations as provided in this part. A qualified borrower may fix, revise, charge, and collect fees, rates, rents, assessments, and other charges of general or special application for the operation or services of a qualified project, the system of which it is a part, and any other revenue producing facilities from which the qualified borrower derives project revenues to meet its obligations under a financing agreement or to provide for the construction and improving of a qualified project.
32-10-129. The bank is performing an essential governmental function in the exercise of the powers conferred upon it and is not required to pay taxes or assessments upon property or upon its operations or the income therefrom, or taxes or assessments upon property or loan obligations acquired or used by the bank or upon the income therefrom.
32-10-130. (a) If a government unit fails to collect and remit in full all amounts due to the bank on the date these amounts are due under the terms of any note or other obligation of the government unit, the bank shall notify the appropriate state officials who shall withhold all or a portion of the funds of the state and all funds administered by the state and its agencies, boards, and instrumentalities allotted or appropriated to the government unit and apply an amount necessary to the payment of the amount due.

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(b) Nothing contained in this Code section mandates the withholding of funds allocated to a government unit or private entity which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of a court binding on the state. (c) A mutual undertaking by a local government entity to borrow and an undertaking by the state or a state authority to lend funds from and to one another for highway, mass transit, and other transportation purposes pursuant to law shall be a provision for services and an activity within the meaning of Article IX, Section III, Paragraph I(a) of the Constitution of the State of Georgia.
32-10-131. Neither the board nor any officer, employee, or committee of the bank acting on behalf of it, while acting within the scope of this authority, is subject to any liability resulting from carrying out any of the powers given in this part.
32-10-132. Notice, proceeding, or publication, except those required in this part, are not necessary to the performance of any act authorized in this part nor is any act of the bank subject to any referendum.
32-10-133. Following the close of each state fiscal year, the bank shall submit an annual report of its activities for the preceding year to the Governor and make such report available to the General Assembly. The bank also shall submit an annual report to the appropriate federal agency in accordance with requirements of any federal program."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Lunsford of the 85th, Post 2 moved that the House disagree to the Senate substitute to HB 1136.
The motion prevailed.

Representative Skipper of the 116th assumed the chair.

HB 1003. By Representatives Powell of the 23rd, Bruce of the 45th, Westmoreland of the 86th, Stoner of the 34th, Post 1, DeLoach of the 127th and others:

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A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the State Licensing Board for Residential and General Contractors; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the State Licensing Board for Residential and General Contractors; to define certain terms; to provide for the composition, powers, and duties of the board; to provide for the licensing of residential and general contractors; to provide for fees and an examination; to provide for the revocation of licenses; to provide for the renewal of licenses; to provide penalties for engaging in residential or general contracting without a valid license; to provide for exceptions; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new Chapter 41 to read as follows:
"CHAPTER 41
43-41-1. It is the intent of the General Assembly, in the interest of public health, safety, and welfare, to safeguard homeowners, other property owners, tenants, and the general public against faulty, inadequate, inefficient, and unsafe residential and general contractors. The practice of residential and general contracting is declared to be a business or profession affecting the public interest and this chapter shall be liberally construed so as to accomplish the intent and purposes stated in this Code section.
43-41-2. As used in this chapter, the term:
(1) 'Board' means the State Licensing Board for Residential and General Contractors. (2) 'Business organization' means any partnership, corporation, limited liability entity, business trust, joint venture, or other legal entity, other than an individual person, doing business or seeking, offering, or contracting to do business as a contractor or otherwise performing or acting as a contractor as defined in this Code section.

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(3) 'Contracting' means performing or causing to be performed any of the activities set forth in paragraphs (4), (5), (9), (10), and (11) of this Code section which define the types of contractors. The offering of contracting services and the negotiation of or bid or proposal for engagement or a contract requiring performance of these services also constitutes contracting. (4) 'Contractor,' except as specifically exempted by this chapter, means a person who is qualified under this chapter and who, for compensation, contracts to, offers to undertake or undertakes to, submits a bid or a proposal to, or personally or by others performs the construction or the management of the construction of improvements to real property for an owner, including the construction or improvement of, addition to, or the repair, alteration, remodeling, or demolition of any building, bridge, or other structure, including related improvements to the real property, for use by the owner or by others or for resale to others. The term 'contractor' for purposes of this chapter shall include a person who contracts to, undertakes to, or submits a bid or proposal to perform, or otherwise does himself or herself perform, for an owner:
(A) Construction management services relative to the performance by others of such construction activities where the person performing such construction management services is at risk contractually to the owner for the performance and cost of the construction; and (B) Services of a contractor as part of performance of design-build services, whether as a prime contractor, joint venture partner, or as a subcontractor to a design professional acting as prime contractor as part of a design-build entity or combination. Both residential and general contractors, in addition to contractors licensed under Chapter 14 of this title to perform such work or any component thereof, shall be permitted to construct storm-water management systems comprising any storm-water conveyance or storm-water detention facility that moves storm or surface water from a specific point on a wholly contained construction project site to another specific point on the same project site and which are wholly contained within the project site and are not part of or connected to any public or private water treatment system, waste-water treatment system, or storm-water system. (5) 'General contractor' means a contractor whose services are unlimited as to the type of work which he or she may do and who may contract for, undertake to perform, submit a bid or a proposal or otherwise offer to perform, and perform any activity or work as a contractor requiring licensure under this chapter including within its scope any work requiring licensure under Chapter 14 of this title; provided, however, that any work contractually undertaken by a general contractor in the nature of electrical contracting, plumbing, conditioned air contracting, low voltage contracting, or utility contracting which falls within the licensing requirements of Chapter 14 of this title may not be performed by the general contractor but shall only be performed by a person who is duly licensed to perform such work under Chapter 14 of this title. The construction of all private, commercial, institutional, industrial, public, and other buildings and structures under contract with or engagement directly by an owner shall

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be undertaken by a general contractor, except as otherwise expressly set forth in or excluded from operation of this chapter. (6) An 'owner' of real property means a person or entity that has a majority ownership interest in the real property to be improved and for whom an improvement is made or who contracts with or engages, directly or through an agent, the contractor to perform the construction work or services. (7) 'Qualifying agent' means a person who possesses the requisite skill, knowledge, and experience and has the responsibility to supervise, direct, manage, and control all of the contracting activities of a contractor doing business in the form of a business organization, with which he or she is affiliated by employment or ownership; who has the responsibility to supervise, direct, manage, and control construction activities on a job for which he or she has obtained the building permit; and whose technical and personal qualifications have been determined by investigation and examination as provided in this chapter, as attested by the division. (8) 'Real property' means the real estate, or an interest therein, that is improved, including leaseholds, tenements, and easements, and improvements constructed or placed thereon. (9) 'Residential contractor' means any contractor who may contract for, undertake to perform, submit a bid or a proposal or otherwise offer to perform, and perform any activity or work as a contractor requiring licensure under this chapter for a fixed price, commission, fee, wage, or other compensation or who undertakes any activity or work on his or her own behalf or for any person or business organization that is not licensed as a licensed residential contractor pursuant to this chapter where such activity or work falls into the category of residential-basic contractor or residential-light commercial contractor as defined in this Code section and where the total value of the work or activity or of the compensation to be received by the contractor for such activity or work, whichever is the higher, exceeds $2,500.00. The term 'residential contractor' shall include both a residential-basic contractor and a residential-light commercial contractor, except where otherwise expressly stated. The work or activity performed by a residential contractor may include within its scope any work requiring licensure under Chapter 14 of this title; provided, however, that any work contractually undertaken by a residential contractor in the nature of electrical contracting, plumbing, conditioned air contracting, low voltage contracting, or utility contracting which falls within the licensing requirements of Chapter 14 of this title may not be performed by the residential contractor but shall only be performed by a person who is duly licensed to perform such work under Chapter 14 of this title. (10) 'Residential-basic contractor' means and encompasses a person who performs contractor work or activity relative to detached one-family and two-family residences and one-family townhouses not over three stories in height and their accessory buildings and structures; (11) 'Residential-light commercial contractor' means and encompasses a person who performs any contractor work or activity performed by a residential-basic contractor and, additionally, shall include such contractor work or activity related to multifamily

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and multiuse light commercial buildings and structures, and their related accessory buildings and structures, which are less than four stories in height; less than 25,000 square feet in aggregate interior floor space, except as otherwise provided in this chapter; and are constructed of wood or light gauge metal frame, brick veneer, prefabricated, or manufactured type of construction; or are preengineered steel buildings not exceeding 50,000 square feet of interior floor space; provided that such buildings or structures are not of the type of building or structure that would constitute a special hazard to property or to life and safety of persons as defined in subparagraphs (A), (C), (D), (E), (F), (G), (G.1), (H), (I), and (J) and subparagraph (B), as it applies to a building of four or more stories, of paragraph (1) of subsection (b) of Code Section 25-2-13. (12) 'Specialty contractor' means a contractor whose scope of work and responsibility is of limited scope dealing with only a specific trade and directly related and ancillary work and whose performance is limited to such specialty construction work requiring special skill and requiring specialized building trades or crafts, including, but not limited to, such activities, work, or services requiring licensure under Chapter 14 of this title.
43-41-3. (a) There is created the State Licensing Board for Residential and General Contractors consisting of 14 members appointed by the Governor for five-year terms. The board shall be assigned to the Secretary of States office for administrative purposes and shall be under the jurisdiction of the division director and shall operate in accordance with and pursuant to the provisions of Chapter 1 of this title, as applicable. The board shall be comprised of two divisions: the residential contractor division, having jurisdiction of and authority over the two subcategories of residential contracting, residential-basic contractors and residential-light commercial contractors, and the general contractor division. Seven members shall be appointed and serve as members of the residential contractor division of the board and seven members shall be appointed and serve as members of the general contractor division of the board. Members shall serve until the expiration of their respective terms and until their successors are appointed and qualified. Vacancies occurring during a term shall be filled by appointment of the Governor for the remainder of the unexpired term and such replacement shall meet the requirements and criteria of selection of the person previously holding the vacant position. To be eligible to serve on the respective divisions of the board, each contractor member shall be and remain actively involved in the construction contracting business and shall have been so engaged for a period of not less than five consecutive years before the date of appointment in the particular contracting business, as a residential contractor or general contractor, corresponding to the division for which such person is appointed. Any contractor members whose term continues after or who are appointed to terms commencing two years from the date that this chapter becomes effective must also have been licensed and certified by the respective division of the board to operate as a contractor in the category to which the member is appointed. The

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position of any appointive member of the board who, during his or her term of appointment, shall cease to meet the qualifications for original appointment shall be immediately vacated. No member of the board shall be appointed to serve more than two full terms. (b) The residential contractor division shall consist of seven members and, except as otherwise expressly stated in this chapter, shall have jurisdiction of and authority over the practice of the two subcategories of residential contracting, residential-basic contractors and residential-light commercial contractors. Five members shall be residential contractors eligible for licensure under this chapter. Effective July 1 of the second year after this chapter becomes effective, all residential contractor members shall be required to be licensed under this chapter. At least two of the residential contractor members shall be qualified to perform residential-light commercial type projects; three shall be qualified and shall predominantly perform residential-basic type projects; one shall be a residential contractor whose business predominately involves remodeling projects; one shall be a residential contractor who constructs at least an average of 20 residences per year; and all must be geographically diverse. One member shall be a public building official and one member shall be a public member. The public member shall have no ties with the residential construction industry and shall represent the interests of the public at large. The initial member terms on the residential contractor division shall be staggered so that all terms do not expire simultaneously. Three members shall serve initial terms of five years, three members shall serve initial terms of four years, and one member shall serve an initial term of three years. The residential contractor division shall meet at least six times each year for the purpose of transacting such business as may properly come before it. (c) The general contractor division shall consist of seven members and, except as otherwise expressly stated in this chapter, shall have jurisdiction of and authority over the practice of general contracting. Five members shall be general contractors eligible for licensure under this chapter. Effective July 1 of the second year after this chapter becomes effective, all general contractor members shall be required to be licensed under this chapter. At least two of the general contractor members shall be small volume builders with an annual contracting volume of less than $5 million and all of whom must be geographically diverse. One member shall be a currently licensed or registered architect or engineer and one member shall be a public building official. The initial member terms on the general contractor division shall be staggered so that all terms do not expire simultaneously. Three members, including at least two contractor members, shall serve initial terms of five years; three members, including at least two contractor members, shall serve initial terms of four years; and one member shall serve an initial term of three years. The general contractor division shall meet at least six times each year for the purpose of transacting such business as may properly come before it.
43-41-4. (a) The initial members of the board shall be appointed by the Governor no later than

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July 30 of the year in which this chapter becomes effective. The board shall meet within 30 days after its appointment at a time and place to be designated by the Governor and organize by electing a chairperson and a vice chairperson, each to serve for a one year term. (b) The office of chairperson of the board shall be rotated between the two divisions enumerated in this chapter, with the office of vice chairperson to be held by a member of the division other than that in which the chairperson serves, unless the board, through its rules and regulations, provides otherwise. Any vacancy in the office of chairperson shall be filled by the members for the unexpired term. The person selected to fill the vacancy shall be a member of the same division as the chairperson whose departure has created the vacancy. (c) The board shall meet at the call of the chairperson or upon the recommendation of a majority of its members. Eight members of the board, including at least three members from each of its divisions, shall constitute a quorum for transaction of business by the board. (d) Each division within the board shall also elect from its membership a chairperson and a vice chairperson who shall each serve for a term of two years. Any vacancy in the office of either the chairperson or vice chairperson shall be filled by one of the members of the respective division for the unexpired term. (e) Any member elected chairperson of a division may not serve more than two consecutive full terms of office. (f) Each division shall carry out its powers and duties as provided for in this chapter with the assistance of the division director and staff of the professional licensing boards division of the Secretary of States office and the officers and staff of the board. Each division of the board shall operate and transact its business independently of the other division and of the board at large, except as required by this chapter and to the extent of common interests and functions, including staffing and administration. Each division of the board shall have delegated from the board the power and authority to take all appropriate actions in the organization and administration of each respective division and the effectuation and implementation of the licensing and enforcement processes required under this chapter, subject to ultimate oversight and review by the board. (g) The divisions of the board shall meet at the call of the chairperson of the division. (h) The board shall not take action on any matter specifically delegated to and under the authority and control of the one of its divisions unless at least four of its members from the affected division are present and participating in such action or decision. (i) The division director, or his or her designee, shall keep a record of the proceedings of the board and its respective divisions.
43-41-5. (a) The board shall meet at least twice each year for the purpose of transacting such business as may properly come before it and of overseeing the operation of its divisions. (b) The board and its divisions shall have the power to:

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(1) Request from the various departments, agencies, and authorities of the state and its political subdivisions and their agencies and authorities such available information as they may require in their work; and all such departments, agencies, and authorities shall furnish such requested available information to the board and its divisions within a reasonable time; (2) Provide by regulation for reciprocity with other states or territories of the United States in the licensing of residential and general contractors, provided that such other states have requirements substantially equal to the requirements in force in this state for registration, licensure, or certification and that any such contractor holding a current and valid license, certificate, or registration from another state or territory seeking licensure by way of reciprocity shall demonstrate that such applicant meets, in the discretion of the respective division, the qualifications, requirements, and criteria set forth in Code Section 43-41-6, other than the requirement to take and pass an examination as set forth in subsection (d) of Code Section 43-41-6, and that such applicant is otherwise in compliance with all requirements of the State of Georgia for transaction of such business within this state; provided, further, that a similar privilege is offered to residents of this state by the other state or territory; (3) Establish and adjust fees as necessary within the limits set forth in Chapter 1 of this title; (4) Adopt official seals for their use and change them at pleasure; (5) Establish the policies and procedures for regulating the businesses of residential contracting and general contracting; (6) Determine qualifications for licensure or certification, including such experience requirements as the board deems necessary; and (7) Promulgate and adopt rules and regulations necessary to carry out this chapter. (c) Regarding the powers and authorities conferred by this Code section relative to the residential-light commercial contractor subcategory of the residential contractor classification under this chapter, due to the characteristics of such subcategory, such powers and authorities shall be delegated to and conferred upon, in the first instance, a combined and overlapping subdivision comprising four members of both of the divisions, two of whom shall be the residential-light commercial qualified members of the residential contractor division and two of whom shall be the small volume qualified members of the general contractor division, with neither division having sole oversight and control of such powers and authorities. The chairperson of such combined subdivision shall be rotated annually between the chairperson of the residential contractor division and the chairperson of the general contractor division, with the residential contractor chairperson initially serving as chairperson. The combined subdivision shall meet at the call of such chairperson. However, regarding the actual issuance of licenses under this chapter for residential-light commercial contracting and any powers and authorities relative to administration, oversight, control, or disciplinary action of persons issued such licenses, pursuant to Code Sections 43-41-10, 43-41-11, 43-41-13, 43-41-15, and 43-41-16, the residential contractor division shall have full power and authority. Any determinations made or actions taken by this subdivision

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shall be subject to the ultimate review, oversight, control, power, and authority of the board.
(d)(1) The division director is authorized to make, or cause to be made through employees or contract agents of the board, such investigations as he or she or the board may deem necessary or proper for the enforcement of the provisions of this chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The division director or his or her appointed representative may issue subpoenas to compel such access upon a determination that reasonable grounds exist for the belief that a violation of this chapter or any other law relating to the practice of residential or general contracting may have taken place. (2) The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the division director, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board, for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority. (3) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant and the legal counsel of that licensee or applicant. (e) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of this chapter or any other provision of law relating to a licensees or applicants fitness to practice as a licensed residential or general contractor or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. (f) The denial of a license on grounds other than those enumerated in this chapter, the issuance of a private reprimand, the denial of a license by reciprocity, the denial of a request for reinstatement of a revoked license, or the refusal to issue a previously denied license shall not be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Notice and hearing within the meaning of Chapter 13 of Title 50 shall not be required, but the applicant or licensee shall be allowed to appear before the board if he or she so requests. (g) If any licensee or applicant fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served upon the licensee or applicant by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the board. If such material is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the division

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director shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon the division director shall be deemed to be service upon the licensee or applicant. (h) The voluntary surrender of a license shall have the same effect as a revocation of the license, subject to reinstatement in the discretion of the board. (i) This Code section shall apply equally to all licensees or applicants whether individuals, partners, or members of any other incorporated or unincorporated associations, corporations, business organizations, or other associations of any kind whatsoever. (j) All subpoenas issued pursuant to the authority granted in this chapter shall be subject to the general rules of law with respect to distance, tender of fees and expenses, and protective orders; and any motion made with respect thereto shall be made to and passed on by a judge of the superior court of the county of residence of the person to whom the subpoena is directed.
43-41-6. (a) Anyone seeking to be licensed as a residential contractor or as a general contractor in this state shall file an application on a form provided by the residential contractor or general contractor division, respectively, accompanied by an application fee as provided by the board. Such an application may be submitted either by:
(1) An individual person seeking issuance of a license in his or her own name for purposes of engaging in the profession of residential or general contracting in his or her own name or doing business as an individual in a trade name as a sole proprietorship; or (2) An individual person affiliated by ownership or employment with and acting as a qualifying agent for a business organization seeking to engage in the profession of residential or general contracting in the name of the business organization in accordance with and pursuant to Code Section 43-41-9. Additionally, all applicants must submit to and successfully pass an examination prepared by the appropriate division, except where an applicant is otherwise qualified for licensure and has satisfied the appropriate division requirements and regulations for licensure pursuant to Code Section 43-41-8 exempting such applicant from the examination requirement or where the applicant is an individual acting as a qualifying agent for a business organization and has previously obtained and maintained continuously a license issued by the appropriate division. (b) A person shall be eligible for licensure as a residential-basic contractor by the residential contractor division if the person: (1) Is at least 21 years of age; (2) Is of a good character and is otherwise qualified as to competency, ability, and integrity; (3) Has at least two years of proven experience working as or in the employment of a residential contractor, predominantly in the residential-basic category, or other proven experience deemed substantially similar by the division; and

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(4) Has had significant responsibility for the successful performance and completion of at least two projects falling within the residential-basic category in the two years immediately preceding application. (c) A person shall be eligible for licensure as a residential-light commercial contractor by the residential-light commercial subdivision if the person: (1) Is at least 21 years of age; (2) Is of a good character and is otherwise qualified as to competency, ability, and integrity; (3) Meets eligibility requirements according to one of the following criteria:
(A) Has received a baccalaureate degree from an accredited four-year college or university in the field of engineering, architecture, construction management, building construction, or other field acceptable to the division and has at least one year of proven experience working as or in the employment of a residential contractor, general contractor, or other proven experience deemed substantially similar by the division; (B) Has a combination acceptable to the division of academic credits from any accredited college-level courses and proven practical experience working as or in the employment of a residential contractor, general contractor, or other proven experience deemed substantially similar by the division equaling at least four years in the aggregate. For purposes of this subparagraph, all university, college, junior college, or community college-level courses shall be considered accredited collegelevel courses; or (C) Has a total of at least four years of proven active experience working in a construction industry related field, at least two of which shall have been as or in the employment of a residential contractor, or other proven experience deemed acceptable by the division; and (4) Has had significant responsibility for the successful performance and completion of at least two projects falling within the residence-light commercial category in the four years immediately preceding application. (d) A person shall be eligible for licensure as a general contractor by the general contractor division if the person: (1) Is at least 21 years of age; (2) Is of a good character and is otherwise qualified as to competency, ability, integrity, and financial responsibility; and (3) Meets eligibility requirements according to one of the following criteria: (A) Has received a baccalaureate degree from an accredited four-year college or university in the field of engineering, architecture, construction management, building construction, or other field acceptable to the division and has at least one year of proven experience working as or in the employment of a general contractor or other proven experience deemed substantially similar by the division; (B) Has a combination acceptable to the division of academic credits from any accredited college-level courses and proven practical experience working as or in the employment of a general contractor or other proven experience deemed

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substantially similar by the division equaling at least four years in the aggregate. For purposes of this subparagraph, all university, college, junior college, or community college-level courses shall be considered accredited college-level courses; or (C) Has a total of at least four years of proven active experience working in a construction industry related field, at least two of which shall have been as or in the employment of a general contractor, or other proven experience deemed acceptable by the division and at least one of which shall have been in or relating to administration, marketing, accounting, estimating, drafting, engineering, supervision, or project management, or functions deemed substantially similar by the division. (e) Before being entitled to take an examination or otherwise qualify for issuance of a license, an applicant must show to the satisfaction of the residential contractor division or general contractor division from the application and proofs furnished that the applicant is possessed of a good character and is otherwise qualified as to competency, ability, integrity, and financial responsibility. The application shall include a list of all persons, entities, and business organizations that the applicant will be affiliated with as a licensed residential contractor or general contractor, whether by way of employment, ownership, serving as an owner or director, partnership, or membership or by serving as a qualifying agent under this chapter. Applicants for a general contractor license shall provide proof of a minimum net worth in an amount which is specified by the general contractor division. Additionally, all applicants shall provide proof of general liability insurance and of workers compensation insurance as required by the laws of this state in their name. However, if and to the extent the applicant is submitted as a person seeking to act as a qualifying agent of a particular business organization, such proofs and information shall relate and pertain to such business organization rather than the individual applicant, subject to the limitations set forth in subsection (d) of Code Section 43-41-9. All applicants shall also provide their social security numbers, if applying as an individual, or the federal taxpayer identification numbers of any business organization for which the applicant is seeking licensure as a qualifying agent. Applicants for a general contractors license shall also provide suitable verification of tax payments in a form and manner and for the duration prescribed by the general contractor division; provided, however, that where the application is seeking license as a qualifying agent of a business organization, such tax verification and information shall relate and pertain to that business organization. The decision of the appropriate division as to the qualifications of applicants shall, in the absence of fraud, be conclusive. A certificate by the insurer or other appropriate evidence of such coverages shall be maintained with the appropriate division and shall be a condition of renewal. A licensee, on his or her own behalf or where acting as a qualifying agent on behalf of the business organization so qualified, must notify the appropriate division in writing within 30 days of any changes in the information required to be on file with such division, including, but not limited to, the licensees and, if the licensee is acting as a

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qualifying agent for any business organization, such business organizations current mailing address, insurance coverages, and affiliated entities.
(f)(1) The residential contractor division and the general contractor division shall each conduct an examination of all qualified applicants, except those exempted from the examination requirement pursuant to Code Section 43-41-8. (2) The residential contractor division shall conduct separate examinations for applicants for residential-basic and residential-light commercial licenses for the purpose of determining a particular applicants ability to make a practical application of his or her knowledge of the profession of residential contracting in the particular subcategory for which a license is sought; the applicants qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to such residential contracting business; his or her knowledge as to the responsibilities of a residential contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to residential-basic and residential light-commercial contractors, construction, workers compensation, insurance, and liens. (3) The general contractor division shall conduct an examination to ascertain the particular applicants ability to make a practical application of his or her knowledge of the profession of commercial general contracting; the applicants qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to the general contracting business; his or her knowledge as to the responsibilities of a general contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to general contractors, construction, workers compensation, insurance, surety bonding, and liens. (4) If the results of the applicants examination are satisfactory to the appropriate division, or he or she is exempted from the examination requirement under Code Section 43-41-8, and if he or she and any affiliated business organization has met the other qualifications and requirements set forth in this Code section, then the appropriate division shall issue to the applicant a license to engage in business as a residential or general contractor in this state, as provided in such license, in his or her own name as a sole proprietor or as a qualifying agent for the affiliated business organization and in the name of such business organization, pursuant to and in accordance with the requirements set forth in Code Section 43-41-9. A residential contracting license shall indicate for which of the two subcategories, residential-basic or residential-light commercial, the licensee is qualified. (g) Any otherwise qualified applicant failing this examination may be reexamined at any regularly scheduled examination within one year of the date of original application upon payment of a reexamination fee, in an amount to be set by the board, without need to resubmit an application, unless any information set forth in the previously submitted application is no longer accurate or complete. Anyone requesting to take the

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examination a third or subsequent time shall wait at least one calendar year after the taking of the last examination and shall submit an application with the appropriate examination fees. (h) A residential contractor license, indicating whether relating to the residential-basic or residential-light commercial category, or general contractor license shall be issued to an applicant who successfully completes the respective requirements therefor upon the payment of fees prescribed by the board. (i) Such licenses shall be renewable biennially. Licenses may be renewed subsequent to their expiration within six months of the date of expiration by mailing written application for renewal and paying a late renewal fee as determined by the board. After six months has elapsed from the date of expiration, such license may be reinstated in accordance with the rules and regulations of the board. (j) The division director shall give advance notice by mail to each person holding a license under this chapter of the date of the expiration of the certificate of registration and the amount of the fee required for renewal at least one month prior to the expiration date, but the failure to receive such notice shall not avoid the expiration of any license not renewed in accordance with this Code section. (k) As a condition of renewal, the appropriate division may require licensees to complete division approved continuing education of not more than three hours annually for a residential-basic license, six hours annually for a residential-light commercial license, and eight hours annually for a general contractor license.
43-41-7. A licensed residential contractor and any affiliated entities shall offer a written warranty in connection with each contract to construct, or superintend or manage the construction of, any single family residence where the total value of the work or activity or the compensation to be received by the contractor for such activity or work exceeds $2,500.00. The residential contractor division shall establish the minimum requirements of such warranty. The parties to the warranty may agree to submit any or all disputes arising under the warranty to arbitration. Such agreement to arbitrate shall be enforceable as provided in Part 1 of Article 1 of Chapter 9 of Title 9, the 'Georgia Arbitration Code.'
43-41-8. (a) Notwithstanding any other provision of this chapter to the contrary, the following persons desiring to qualify for a residential contractor license or a general contractor license under the provisions of this chapter shall be eligible for issuance of a such a license by the appropriate division without examination, provided that such person submits a proper application and proofs, pays or has paid the required fees, otherwise meets the requirements of Code Section 43-41-6 for licensure, and is not otherwise in violation of this chapter:
(1) Any person who holds a current and valid license to engage in the comparable category of residential or general contracting issued to him or her by any governing

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authority of any political subdivision of this state which requires passing an examination which is substantially similar to the state examination for residential or general contractors, provided that such person is a Georgia resident and citizen, if an individual applying in his or her own behalf, or is seeking licensure as a qualifying agent for a business organization incorporated in Georgia or otherwise authorized and certified to transact business in Georgia with a regular office and place of business in Georgia currently and having had such office and place of business continuously for the five years immediately preceding such application; provided, further, that the examination results are made available to the appropriate division. Such application and request for exemption must be submitted within the time limits set forth in subsection (a) of Code Section 43-41-17; (2) Any person who has successfully and efficiently engaged in the comparable category of residential or general contracting in this state as provided in this Code section; provided, however, that such person shall be either a resident and citizen of the state of Georgia or, if applying as a qualifying agent for a business organization, such business organization shall be either incorporated in Georgia or is a business organization otherwise authorized and certified to transact business in Georgia with a regular office and place of business in Georgia currently and having had such office and place of business continuously for the five years immediately preceding such application; provided, further, that such application and request for exemption is submitted within the time limits set forth in subsection (a) of Code Section 43-41-17. To prove that he or she has successfully engaged in residential-basic or residentiallight commercial projects, the person shall be required to give evidence of three successful projects located in Georgia which were successfully completed over the period of five years immediately prior to the time of application; evidence of ten successfully completed residential-basic or residential-light commercial projects located in Georgia over the period of ten years immediately prior to the time of application; or evidence that he or she has participated in or been engaged in residential-basic or residential-light commercial construction in a supervisory or management capacity for seven of the ten years immediately prior to the time of application. To prove that he or she has successfully engaged in commercial general contracting, the person submitting the application shall be required to give evidence of five successful general contracting projects located in Georgia which were successfully completed over the period of five years immediately prior to the time of application or evidence of ten successful general contracting projects located in Georgia which were successfully completed over the period of ten years immediately prior to the time of application, such projects having been performed either by such person acting as an individual or by a business organization in which such individual person was affiliated by employment or ownership and over which such person had general oversight and management responsibilities; and (3) Any person who holds a current and valid license to practice a comparable category of residential or general contracting issued by another state or territory of the United States, where either such state or territory has entered into a reciprocal

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agreement with the board and divisions for the recognition of contractor licenses issued in that state or territory, or such application is pursuant to and in accordance with the regulations and requirements for reciprocity promulgated by the divisions in accordance with subsection (b) of Code Section 43-41-5. Additionally, such application shall meet the following requirements:
(A) The criteria for issuance of such license or certification by such other state or territory, including the requirement to successfully complete an examination, were substantially equivalent to Georgias current license criteria; (B) The application requirements and application form submitted to the other state or territory upon which such license was issued and the examination form and substance are available for review by the appropriate division and the examination results are made available to the division; (C) The applicant shall demonstrate that he or she meets the qualifications, requirements, and criteria set forth in subsections (a), (b), (c), and (d) of Code Section 43-41-6; and (D) The applicant is otherwise in compliance with all requirements of this state for transaction of such business within this state; provided, however, that such application and request for exemption shall be submitted within the time limits set forth in subsection (a) of Code Section 43-41-17. (b) Any applicant for issuance of a residential contractor or general contractor license under this title who shall seek exemption from the examination requirement under subsection (f) of Code Section 43-41-6, on any basis set forth above, shall have the burden of establishing to the satisfaction and within the discretion of the appropriate division that the requirements for such exemption have been satisfied. The decision of such division as to the satisfaction of the requirements for such exemption from taking the examination shall, in the absence of fraud, be conclusive.
43-41-9. (a) If an individual applicant proposes to engage in residential or general contracting in the individuals own name or a trade name where the individual is doing business as a sole proprietorship, the license shall be issued only to that individual. Where an applicant under this chapter is seeking issuance of a residential or general contractor license on behalf and for the benefit of a business organization seeking to engage in residential or general contracting as a business organization, or in any name other than the applicants legal name or trade name where the applicant is doing business as a sole proprietorship, the application for a license under this chapter must be submitted by and through an individual qualifying agent for such business organization or entity and expressly on behalf of such business organization or entity. In such case, the license shall be issued to the individual qualifying agent and to the affiliated business organization or entity on whose behalf the application was made. It shall be unlawful for any person, firm, corporation, or association to operate a business organization or entity engaged in the business of residential or general contracting without first obtaining a license from the appropriate division. The appropriate division shall not

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issue a license to any business organization or entity to engage in residential or general contracting unless such business organization or entity employs at least one currently licensed residential or general contractor who is actually engaged in the practice of residential or general contracting for such business organization or entity on a full-time basis and provides adequate supervision and is responsible for the projects of such business organization or entity. A business organization may allow more than one person to act as a qualifying agent for such organization, subject to each such individual qualifying agent having successfully satisfied the requirements for issuance of a license under this chapter and having obtained issuance of such a license by the appropriate division. Each such business organization shall have at least one qualifying agent in order to be considered authorized to engage in such contracting business. (b) The application for a license by a qualifying agent must include an affidavit on a form provided by the board attesting that the individual applicant has final approval authority for all construction work performed by the business organization or entity and that the individual applicant has final approval authority on all business matters, including contracts and contract performance and financial affairs of the business organization or entity. (c) A joint venture is considered a separate and distinct organization for licensing purposes under this chapter and must be qualified and licensed in accordance with the appropriate divisions rules and regulations either:
(1) In its own name as a separate business organization; or (2) By each of the members of the joint venture doing business as a residential contractor or general contractor holding, as an individual or as a business organization acting through its qualifying agent, a valid and current residential or general contractors license issued by the appropriate division. Each such licensed individual or qualifying agent shall be considered a qualifying agent of such joint venture. (d) If, during the period encompassed by a license issued to a qualifying agent acting for and on behalf of an affiliated business organization, there is a change in any information that is required to be stated on the application, the business organization shall, within 45 days after such change occurs, mail the correct information to the appropriate division. (e)(1) At least one qualifying agent shall be licensed under this chapter in order for the business organization to obtain a license as a residential or general contractor. If any qualifying agent ceases to be affiliated with such business organization, for any reason, he or she shall so inform the division having jurisdiction. In addition, if such qualifying agent is the only qualifying agent licensed hereunder affiliated with the business organization, the business organization shall promptly notify the appropriate division of the termination of the relationship with that qualifying agent and shall have 120 days from the termination of the qualifying agents affiliation with the business organization to employ another qualifying agent and submit an application for licensure under the new qualifying agent. The submission of such application shall serve to maintain the licensed status of the business organization pending and

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subject to approval of such application by the appropriate division; provided that, should such application be denied by that division, then, after passage of the 120 day period, the business organization shall cease to be considered licensed as a residential or a general contractor unless and until a new application is submitted and approved by the appropriate division. In such circumstance, the affected business organization may not thereafter engage in residential or general contracting until a new qualifying agent is employed, unless the appropriate division has granted a temporary nonrenewable license to the financially responsible officer, the president or chief executive officer, a partner, or, in the case of a limited partnership, the general partner, who thereafter shall assume all responsibilities of a qualifying agent for the business organization or entity. This temporary license shall only allow the entity to proceed with incomplete contracts already in progress. For the purposes of this paragraph, an incomplete contract is one which has been awarded to, or entered into by, the business organization prior to the cessation of affiliation of the qualifying agent with the business organization or one on which the business organization was the low bidder and the contract is subsequently awarded, regardless of whether any actual work has commenced under the contract prior to the qualifying agent ceasing to be affiliated with the business organization. (2) The qualifying agent shall inform the division having jurisdiction in writing when he or she proposes to engage in contracting in his or her own name or in affiliation with another business organization, and he or she or such new business organization shall supply the same information to the division as required of applicants under this chapter. Such person shall be deemed to be a licensed residential or general contractor for the original term of his or her license, provided that he or she qualified for such license based on his or her own personal qualifications as to financial responsibility and insurance. Otherwise, such individual shall be required to submit a new application demonstrating satisfaction of such financial and insurance requirements himself or herself or by the business organization he or she desires to qualify, but such person shall be entitled to continue engaging in the business of residential or general contracting in accordance with and under his or her previously issued license unless and until the appropriate division determines that the person seeking issuance of the license no longer meets these requirements. (3) Upon a favorable determination by the division having jurisdiction, after investigation of the financial responsibility, if applicable, and insurance of the qualifying agent and the new business organization, the division shall issue, without an examination, a new license in the name of the qualifying agent and in the name of the new affiliated business organization. (f) Disciplinary action and other sanctions provided in this chapter may be administered against a business organization operating under a license issued through its licensed qualifying agent or agents in the same manner and on the same grounds as disciplinary actions or sanctions against an individual or license holder acting as its qualifying agent under this chapter. The divisions or the board may deny the license to a qualifying agent for any business organization if the qualifying agent or business

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organization has been involved in past disciplinary actions or on any grounds for which individual licenses can be denied. (g) Each qualifying agent shall pay the appropriate division an amount equal to the original fee for a license applied for on behalf of a new business organization. If the qualifying agent for a business organization desires to qualify additional business organizations, the division shall require him or her to present evidence of the financial responsibility, if applicable, and insurance of each such organization. (h) All qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization, for all field work at all sites, and for financial matters, both for the organization in general and for each specific job for which his or her license was used to obtain the building permit. (i) Any change in the status of a qualifying agent is prospective only. A qualifying agent shall for purposes of application of this chapter and the enforcement and disciplinary mechanisms thereunder be and remain responsible for his or her actions or omissions as well as those of the business organization for which such person had acted as a qualifying agent occurring during his or her period of service as such qualifying agent as and to the extent set forth in this chapter. A qualifying agent is not responsible for his or her predecessors actions, but is responsible, even after a change in status, for matters for which he or she was responsible while in a particular status. Further, nothing in this chapter shall be interpreted as a basis for imposition of civil liability against an individual qualifying agent by any owner or other third party claimant beyond the liability that would otherwise exist legally or contractually apart from and independent of the individuals status as a qualifying agent.
43-14-10. (a) In addition to the powers and authorities conferred upon the board and its divisions pursuant to Chapter 1 of this title, the residential contractor division and the general contractor division shall have the power, respectively, to reprimand any person or licensee, or to suspend, revoke, or refuse to grant, renew, or restore a license to any person or licensee if such person or licensee is found by the appropriate division to have engaged in any fraud or deceit in obtaining a license or otherwise to have engaged in gross negligence, repeated or persistent incompetence, intentional misconduct in the practice of his or her profession, or willful violation of any provisions of this chapter. (b) For purposes of this Code section, a person or business organization operating on an expired, revoked, lapsed, or suspended license shall be considered unlicensed. (c) The separate divisions may issue a stop-work order for all unlicensed work falling within their respective jurisdictions upon finding probable cause to believe that construction work which requires a license under this chapter is being performed by a person without such a current, valid license. Such an order may be enforced by injunctive relief, cease and desist orders, or other related actions within the power and authority of the board and its respective divisions. (d) The division having jurisdiction shall investigate and sanction any license holder found to have engaged in fraud, deceit, gross negligence, repeated or persistent

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incompetence, or intentional misconduct in the practice of residential or general contracting; and sanctions shall be assessed against any such residential or general contractor licensed under this chapter either individually or as a business organization acting through a qualifying agent. Such charges, unless dismissed without hearing by the division as unfounded, shall be heard and determined by that division in accordance with the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (e) The divisions shall each adopt and publish rules and regulations, consistent with the provisions of this chapter, governing the suspension and revocation of licenses. (f ) Each division may reissue a license to any person whose license has been revoked or lift a suspension of a license to such person provided that four or more members of the division vote in favor of such reissuance or lifting for reasons that division deems sufficient.
43-41-11. The issuance of a license by the residential contractor or the general contractor division shall be evidence that the person named therein, including both the individual licensee and any business organization for whom such licensee is a qualifying agent, is entitled to all the rights and privileges of a licensed residential or general contractor while such license remains unrevoked or unexpired.
43-41-12. (a) Any person, whether an individual or a business organization, who:
(1) Contracts for or bids upon or engages in the construction of any of the projects or works enumerated in the definitions of residential contractor or general contractor in Code Section 43-41-2 without having first complied with the appropriate provisions of this chapter or who shall attempt to practice residential contracting or general contracting in this state except as provided for in this chapter; (2) Falsely represents, advertises, or holds himself or herself or an affiliated business organization out as a residential contractor or general contractor licensee; (3) Represents or attempts to use or presents as his or her own the license of another person or, in the case of a business organization, a person other than its qualifying agent; (4) Gives false or forged evidence of any kind to the board or its divisions or to any member of the board in maintaining a license; (5) Uses an expired, suspended, or revoked license to continue engaging in residential contracting or general contracting; or (6) Operates a business organization engaged in contracting after 120 days following the termination of its only qualifying agent without designating another primary qualifying agent, except as provided in Code Section 43-41-9, shall be guilty of a misdemeanor and shall, upon conviction, be punished for each such offense by a fine of not less than $500.00 or imprisonment of three months, or both fine and imprisonment in the discretion of the court.

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(b) Any architect or engineer who recommends to any project owner the award of a contract to anyone known by such architect or engineer not to be properly licensed under this chapter shall be subject to such penalties as provided in subsection (a) of this Code section and also to any appropriate disciplinary action by the appropriate division. (c) Except as otherwise provided in this Code section, any person who violates any provision of this chapter shall be guilty of a misdemeanor.
43-41-13. Whenever it appears to the board or either division of the board that any person, whether an individual or a business organization, or both, is violating any of the provisions of this chapter or of the rules and regulations of the board or either division promulgated under this chapter, the board or division may apply to the superior court of the county in which such individual resides or business is located for a restraining order and injunction to restrain the violation, and the superior court shall have jurisdiction to grant the requested relief, irrespective of whether criminal prosecution has been instituted or administrative sanctions have been imposed by reason of the violation.
43-41-14. Any person, whether an individual or a business organization acting through a qualifying agent, intending to perform work as a residential or general contractor, upon making application to the building inspector or such other authority of any incorporated municipality or county in this state charged with the duty of issuing building or other permits for contemplated construction work requiring performance by either a licensed residential contractor or a licensed general contractor shall, before being entitled to the issuance of such permit, furnish to such inspector or authority, personally or through his or her authorized agent specifically designated to act on his or her behalf in a sworn written document submitted contemporaneously or previously submitted and maintained by such inspector or authority, his or her residential contractor or general contractor license number and the identity of any business organization for which such applicant is serving as qualifying agent that is undertaking or contracting as a residential contractor or a general contractor to construct or manage the construction. It shall be unlawful for any such building inspector or other authority to issue or allow the issuance of such building permit unless the applicant has furnished his or her residential contractor or general contractor license number and the identity of any such business organization relative to performance of the work for which a permit has been applied. A building inspector or other authority shall issue such building permit under the terms of this Code section to any person, including an individual licensee acting on his or her own behalf or a licensee acting as a qualifying agent for a business organization and such business organization, upon evidence reasonably establishing that such person is duly licensed as a residential or general contractor under this chapter, either individually or as a business organization acting under a duly licensed qualifying agent. Any building inspector or other such authority that issues a building permit to a person known by such building inspector or authority not to be properly licensed under this

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chapter shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $500.00.
43-41-15. If an incomplete contract exists at the time of death of a residential or general contractor, where the licensed contractor performing the work under such contract is an individual person and not a business organization acting through a qualifying agent for such organization, the contract may be completed by any person affiliated with the contractor as a co-owner, partner, employee, relative, heir, successor, or assign, even though not licensed under this chapter, subject to the terms of this Code section. Such person shall notify the appropriate division of the board within 30 days after the death of such contractor of such death and of his or her name and address, knowledge of the contract, and ability technically and financially to complete it. Such person may continue with performance of the contract pending approval by the division. If the division approves, he or she may proceed with the contract to completion. If the division does not approve completion by such person, due to a determination that he or she does not have sufficient knowledge, expertise, or financial or other required resources, the division shall give prompt written notice to the person, including the reasons for such rejection, and such person shall promptly upon receipt of such notice cease further performance of the contract. If the owner engages another person under a new contract to complete the remaining work under the original contract, such other party must be a contractor duly licensed under this chapter to perform such work. For purposes of this Code section, an incomplete contract is one which has been awarded to or entered into by the contractor before his or her death or on which he or she was the low bidder and the contract is subsequently awarded to him or her, regardless of whether any actual work has commenced under the contract before the contractors death. If an incomplete contract exists at the time of death of a sole qualifying agent of a residential contractor or a general contractor, where the contractor is a business organization licensed only under such individual as its qualifying agent, then the contractor shall proceed as provided under paragraph (1) of subsection (e) of Code Section 43-41-9.
43-41-16. (a) The board shall have the authority to refuse to grant a license to an applicant or to revoke the license of a person licensed by the board or to discipline a person licensed by the board upon a finding by a majority of the board that the applicant or licensee has committed any of the following acts:
(1) Obtaining a license by fraud or misrepresentation or otherwise knowingly giving false or forged evidence to the board or its divisions; (2) Being convicted or found guilty of or entering a plea of guilty or nolo contendere to a criminal act constituting a felony in any jurisdiction which directly relates to the practice of residential or general contracting or the ability to practice contracting;

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(3) Performing any act which assists a person or entity in the prohibited unlicensed practice of contracting if the licensee knows or has reasonable grounds to know that the person or entity is unlicensed; (4) Knowingly combining or conspiring with an unlicensed person by allowing his or her license to be used with the intent to evade the provisions of this chapter. When an individual license holder allows his or her license to be used to qualify one or more business organizations, including where such qualifying agent for a person engaged in general contracting does not actually possess and exercise the power and authority required of a qualifying agent under paragraph (7) of Code Section 43-41-2 and Code Section 43-41-9, such act constitutes prima-facie evidence of an intent to evade the provisions of this chapter; (5) Failing in any material respect to comply with the provisions of this chapter or violating a rule, regulation, or lawful order of the board or its divisions; (6) Abandoning a construction project in which the contractor who is the individual license holder or a business organization for whom the license holder is a qualifying agent is engaged or under contract as a residential or general contractor. A project may be presumed abandoned after 90 days if the contractor has ceased work on or terminated performance on the project without just cause and without proper notification to the owner, including the reason for the termination, cessation, or abandonment; (7) Signing a statement with respect to a project or contract falsely indicating that the work is bonded; knowingly and falsely indicating by written statement issued to the owner that payment has been made for all subcontracted work, labor, and materials and for all materials furnished and installed which statement is reasonably relied upon and actually results in a financial loss to the owner; or falsely indicating that workers compensation and general liability insurance are provided; (8) Committing fraud or deceit in the practice of contracting, including falsely advertising, representing, or holding himself or herself or an affiliated business organization out as having a valid and current license under this chapter; (9) Committing gross negligence, repeated or persistent negligence, or negligence resulting in a significant danger to life or property; (10) Proceeding on any job without obtaining applicable local building permits and inspections; (11) Using or attempting to use a license that has expired or has been suspended or revoked; (12) Knowingly or intentionally engaging any subcontractor to perform work within the scope of the general or residential construction contract which requires a license under Chapter 14 of this title who does not possess a current and valid license for such work; or (13) Failing to satisfy within a reasonable time the terms of a final civil judgment obtained against the licensee or the business organization qualified by the licensee relating to the practice of the licensees profession.

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(b) The appropriate division may take any one or more of the following actions against any license holder found by the division to have committed any one or more of the acts listed in subsection (a) of this Code section:
(1) Place the license holder on probation or reprimand the license holder; (2) Revoke a license, including the license of a person as an individual as well as that of a qualifying agent of a business organization together with the interest of the business organization qualified thereby in such license; suspend such a license for a stated period of time not exceeding one year; or deny the issuance or renewal of the license; (3) Require financial restitution to a consumer for financial harm directly related to a violation of a provision of this chapter; (4) Impose an administrative fine not to exceed $5,000.00 for each violation; (5) Require continuing education; or (6) Assess costs associated with the investigation and prosecution. (c) In determining penalties in any final order of the board or a division, the board or division shall follow the penalty guidelines established by the boards or divisions rules and regulations. (d) The board or a division may assess interest or penalties on all fines imposed under this chapter against any person or business organization which has not paid the imposed fine by the due date established by rule, regulation, or final order. (e) If the board or a division finds any contractor has violated the provisions of this chapter, the board or division may as a part of its disciplinary action require such contractor to obtain continuing education in the areas of contracting affected by such violation.
43-41-17. (a) The licensing requirements imposed by this chapter and the sanctions and consequences relating thereto shall not become effective and enforceable until two years after the effective date of this chapter. On and after such date, no person, whether an individual or a business organization, shall have the right to engage in the business of residential contracting or general contracting without a current, valid residential contractor license or general contractor license, respectively, issued by the division under this chapter or, in the case of a business organization, unless such business organization shall have a qualifying agent as provided in this chapter holding such a current, valid residential contractor or general contractor license on behalf of such organization issued to such qualifying agent as provided in this chapter. Notwithstanding the foregoing, persons seeking licensure under this chapter and exemption from examination under paragraphs (1) and (2) of subsection (a) of Code Section 43-41-8 shall submit their applications, including all necessary proof of the basis of exemption from examination for such license, starting one year after the effective date of this chapter. The period for submission of such applications and requests for exemption from the examination requirements shall extend thereafter for a period of six months. Furthermore, notwithstanding the foregoing, any person seeking

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licensure under this chapter and exemption from examination under paragraph (3) of subsection (a) of Code Section 43-41-8 may submit his or her application, including all necessary proof of the basis of such exemption starting 18 months after the effective date of this chapter and continuing thereafter. (b) As a matter of public policy, any contract entered into two or more years after the effective date of this chapter for the performance of work for which a residential contractor or general contractor license is required by this chapter and which is between an owner and a contractor who does not have a valid and current license required for such work in accordance with this chapter shall be unenforceable in law or in equity by the unlicensed contractor. For purposes of this subsection, a contractor shall be considered unlicensed only if the contractor was unlicensed on the effective date of the original contract for the work, if stated therein, or, if not stated, the date the last party to the contract executed such contract, if stated therein. If the contract does not establish such a date, the contractor shall be considered unlicensed only if the contractor was unlicensed on the first date upon which the contractor provided labor, services, or materials under the contract. Notwithstanding any other provision of law to the contrary, if a contract is rendered unenforceable under this subsection, no lien or bond claim shall exist in favor of the unlicensed contractor for any labor, services, or materials provided under the contract or any amendment thereto. This subsection shall not affect the rights of parties other than the unlicensed contractor to enforce contract, lien, or bond remedies. This subsection shall not affect the obligations of a surety that has provided a bond on behalf of an unlicensed contractor. It shall not be a defense to any claim on a bond or indemnity agreement that the principal or indemnitor is unlicensed for purposes of this subsection. (c) Any person who holds a license issued under this chapter may engage in the business of residential or general contracting, but only as prescribed by the license, throughout the state and no municipality or county may require any such person licensed under this chapter to comply with any additional licensing requirements imposed by such municipality or county relative to the performance of construction work subject to the licensing requirements under this chapter. However, nothing in this chapter shall preclude the implementation and enforcement by any municipality or county of a local rule, regulation, ordinance, order, or other requirement in effect and operation as of the effective date of this chapter or July 1, 2004, whichever is earlier, that requires a person to obtain a locally issued license, registration, or certification in order to:
(1) Engage in the construction of improvements to real property to the extent such activities are not encompassed by this chapter or by Chapter 14 of this title; or (2) Engage in residential or general contracting within such jurisdiction; provided, however, that:
(A) The requirements and criteria for issuance of such local license, registration, or certification shall have been at least as strict and stringent, in the sole judgment of the board, as those for the issuance of a corresponding state-wide license issued under this chapter;

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(B) Such local license, registration, or certification shall only apply to activities performed within the geographical limits of such municipality or county; and (C) Such requirement shall not prevent or foreclose any contractor not holding such local license, registration, or certification but holding a valid and current state-wide license issued under this chapter or Chapter 14 of this title from the transaction of contracting business in such local jurisdiction within the scope of his or her statewide license. (d) Any person qualified by the Department of Transportation to perform construction work on roads, streets, bridges, highways, sidewalks, or other grading, paving, or repaving projects; airport runways or taxiways; or railroads, and services incidental thereto, for the department shall not be required to be licensed under this chapter in order to perform any such work for the department or for any other owner requiring similar work to be performed. The general contractor division of the board, in agreement with the Department of Transportation, shall, by rule, define 'services incidental thereto' for the purposes of this subsection only and shall likewise define any other necessary terms as to the scope of the exemption provided by this subsection. (e) Nothing in this chapter shall prevent any person holding a valid license issued by the State Construction Industry Licensing Board, or any division thereof, pursuant to Chapter 14 of this title from performing any work defined in the Code sections under which the license held by said person was issued. Furthermore, nothing in this chapter shall preclude a person licensed under Chapter 14 of this title to perform plumbing, conditioned air contracting, utility contracting, electrical contracting, or low-voltage contracting from offering to perform, performing, engaging in, or contracting to engage in the performance of construction work or services directly with an owner, which work or services would otherwise require a general contractor license under this chapter, where the total scope of the work to be performed is predominantly of the type for which such contractor is duly licensed to perform under Chapter 14 of this title such that any other work involved is incidental to and an integral part of the work performed within the scope of such license under said chapter and does not exceed the greater of $10,000.00 or 25 percent of the total value at the time of contracting of the work to be performed; provided, however, that such contractor may not delegate or assign the responsibility to directly supervise and manage the performance of such other work to a person unless such person is licensed under this chapter and the work being performed by such person is within the scope of that persons license. (f) Nothing in this chapter shall preclude a specialty contractor from offering or contracting to perform or undertaking or performing for an owner limited, specialty, or specific trade contractor work, which does not entail the delegation or assignment to or engagement of any other person or entity, other than direct employees, to supervise, manage, or oversee the performance of any portion of the work undertaken. However, nothing in this chapter shall permit a specialty contractor to perform work falling within the licensing requirements of Chapter 14 of this title where such specialty contractor is not duly licensed under such chapter to perform such work.

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(g) Nothing in this chapter shall preclude a person from offering or contracting to perform or undertaking or performing for an owner repair work, provided that the person performing the repair work discloses to the owner that such person does not hold a license under this chapter and provided, further, that such work does not affect the structural integrity of the real property. The board shall by rule or regulation further define the term "repair" as used in this subsection and any other necessary terms as to the scope of this exemption. (h) Nothing in this chapter shall preclude any person from constructing a building or structure on real property owned by such person which is intended upon completion for use or occupancy solely by that person and his or her family, firm, or corporation and its employees, and not for use by the general public and not offered for sale or lease. In so doing, such person may act as his or her own contractor personally providing direct supervision and management of all work not performed by licensed contractors. However, if, under this subsection, the person or his or her family, firm, or corporation has previously sold or transferred a building or structure which had been constructed by such person acting without a licensed residential or general contractor within the prior 24 month period, starting from the date on which a certificate of occupancy was issued for such building or structure, then such person may not, under this subsection, construct another separate building or structure without having first obtained on his or her own behalf an appropriate residential or general contractor license or having engaged such a duly licensed contractor to perform such work to the extent required under this chapter, or it shall be presumed that the person, firm, or corporation did not intend such building solely for occupancy by that person and his or her family, firm, or corporation. Further, such person may not delegate the responsibility to directly supervise and manage all or any part of the work relating thereto to any other person unless that person is licensed under this chapter and the work being performed is within the scope of that persons license. In any event, however, all such work must be done in conformity with all other applicable provisions of this title, the rules and regulations of the board and division involved, and any applicable county or municipal resolutions, ordinances, codes, permitting, or inspection requirements. (i) Nothing in this chapter shall preclude an architect licensed pursuant to Chapter 4 of this title or an engineer registered pursuant to Chapter 15 of this title from performing work or providing services within the scope of his or her registration for the practice of architecture or license for practicing engineering. (j) Nothing in this chapter shall preclude an architect licensed pursuant to Chapter 4 of this title or an engineer licensed pursuant to Chapter 15 of this title from offering to perform or offering or rendering design-build services to an owner; provided, however, that such offer or contract shall clearly indicate at the time of such offer or contract that all services of a general contractor incident to the design-build performance shall be performed by a duly licensed general contractor in compliance with other provisions of this chapter and that all services so offered or provided falling within the scope of the licensing requirements of this chapter are offered and rendered by a licensed general contractor in accordance with this chapter.

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(k) Nothing in this chapter shall apply to the construction, alteration, or repair of buildings classified as an agricultural occupancy or that are used for agricultural storage or agricultural purposes. (l) A contractor licensed under this chapter shall not be required to list on the face of a bid or proposal envelope the license number of any contractor licensed under Chapter 14 of this title that may or will be engaged to perform any work within the licensing requirements of Chapter 14 of this title which comprises part of the work for which such bid or proposal is submitted. (m) Dams, including both earth dams and concrete dams, designed for electrical generation, water storage, or any other purpose may be constructed by either a general contractor licensed under this chapter or by a utility contractor licensed pursuant to Chapter 14 of this title."
SECTION 2. This Act shall become effective only upon the effective date of an appropriation of funds for the purposes of this Act as expressed in a line item making specific reference to the full funding of this Act in an appropriations Act enacted by the General Assembly.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Westmoreland of the 86th and Boggs of the 145th move to amend the Senate Substitute to HB 1003 by inserting ", ten of whom shall be" after "members" on line 33 on page 4.
By inserting after "terms" on line 33 on page 4 ", two of whom shall be appointed by the Speaker of the House of Representatives for five-year terms, and two of whom shall be appointed by the Senate Committee on Assignments for five-year terms".
By inserting after "members" on line 23 on page 5 ", one of whom shall be appointed by the Speaker of the House of Representatives and one of whom shall be appointed by the Senate Committee on Assignments,".
By inserting after "chapter." on line 27 on page 5 the following:
"The members appointed by the Speaker of the House of Representatives and the Senate Committee on Assignments shall be residential contractors."

THURSDAY, APRIL 1, 2004

3437

By inserting after "members" on line 5 on page 6 ", one of whom shall be appointed by the Speaker of the House of Representatives and one of whom shall be appointed by the Senate Committee on Assignments,".
By inserting after "chapter." on line 8 on page 6 the following:
"The members appointed by the Speaker of the House of Representatives and the Senate Committee on Assignments shall be general contractors."
By striking "by the Governor" on line 21 on page 6.

Representative Boggs of the 145th moved that the House agree to the Senate substitute, as amended by the House, to HB 1003.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Anderson Ashe
Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brock
Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter Y Burmeister Y Butler E Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan
Coleman, B Y Cooper

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes E 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 Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath E Heckstall Y Hembree

Y Hill, C.A 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 Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee E McCall Y McClinton

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel
Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott

Y Sholar Y Sims Y Sinkfield
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
Watson Y Westmoreland Y White
Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix

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Y Crawford Y Cummings

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Y Henson Y Hill, C

Y Millar Y Mills

Y Shaw Y Sheldon

On the motion, the ayes were 154, nays 1. The motion prevailed.

Y Yates Coleman, Speaker

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 496. By Senators Hill of the 4th, Harp of the 16th, Harbison of the 15th and Crotts of the 17th:
A BILL to be entitled an Act to amend Part 3 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the adjutant general and other executives, so as to provide that the adjutant general may appoint officers of the organized militia as deputy assistant adjutants general; to provide that such deputy adjutant generals shall be of field rank or general officer rank; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 496

The Committee of Conference on SB 496 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 496 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Jack Hill Senator, 4th District

/s/ Kenneth Birdsong Representative, 104th District

/s/ Ed Harbison Senator, 15th District

/s/ Lawrence Roberts Representative, 135th District

THURSDAY, APRIL 1, 2004

/s/ Seth Harp Senator, 16th District

/s/ Pete Warren Representative, 99th District

3439

A BILL
To amend Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, so as to provide that the adjutant general may appoint officers of the National Guard as deputy assistant adjutants general; to provide that such deputy assistant adjutants general shall be of field rank or general officer rank; to provide that certain provisions relating to compensation shall not apply when the National Guard is called into active service under certain conditions; to provide that members of the National Guard may have the same powers of arrest as law enforcement officers under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, is amended by striking in its entirety Code Section 38-2-152, relating to assistant adjutants general, eligibility, appointment, duties, compensation, and tenure, and inserting in lieu thereof the following:
"38-2-152. (a) The Governor shall appoint an assistant adjutant general for army and an assistant adjutant general for air to assist the adjutant general in the discharge and performance of his or her duties. Each of the assistant adjutants general, at the time of appointment, shall be a federally recognized officer with the rank of lieutenant colonel or higher with not less than five years of continuous service in the Army or Air National Guard of this state. An officer who has retired or resigned from the Georgia National Guard shall be eligible for appointment as assistant adjutant general for army or air; provided, however, that the officer shall have served not less than five years in a federally recognized status in the active Army or Air National Guard, as appropriate, and attained the rank of lieutenant colonel or higher; and provided, further, that the appointment of the officer shall be within five years after the date of his or her retirement or resignation and prior to his or her attaining age 60. Each of the assistant adjutants general shall have the rank of not less than brigadier general, the specific rank to be determined by the Governor. Each of the officers shall receive the pay and allowances for his or her rank as provided by law for an officer of equivalent rank in the regular armed forces of the United States. In the event of a vacancy in the office of the adjutant general, and until his or her successor is appointed and qualified as provided by law, the assistant adjutant general who is senior in rank shall perform the duties required of the adjutant general in connection with the military division, as provided by law. Assistant adjutants

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general shall hold no other state office, and they shall serve at the pleasure of the Governor. (b) The adjutant general may appoint, designate, or detail officers of the National Guard as deputy assistant adjutants general for army and for air who shall perform the military duties assigned by the adjutant general. Deputy assistant adjutants general shall be of field grade or general officer rank, the specific rank to be determined by the adjutant general. Deputy assistant adjutants general shall serve at the pleasure of the adjutant general."
SECTION 2. Said chapter is further amended by inserting at the end of Code Section 38-2-250, relating to pay while on active service, special duty, travel expenses, and minimum base pay, a new subsection (e) to read as follows:
"(e) Nothing in this Code section shall be construed as to apply when the National Guard is called into active service pursuant to Title 32 of the United States Code."
SECTION 3. Said chapter is further amended by striking in its entirety Code Section 38-2-307, relating to militia members having powers of arrest in emergencies, and inserting in lieu thereof the following:
"38-2-307. When called to state active service pursuant to Code Sections 38-2-6 and 38-2-7 or pursuant to Code Section 45-12-31 or 45-12-34 the members of the organized militia shall have the same powers of arrest and apprehension as do law enforcement officers. Members of the National Guard may, at the discretion of the Governor, have the same powers of arrest and apprehension as do law enforcement officers when called to active duty to respond to emergencies pursuant to Code Section 38-2-6, 38-2-7, 45-12-31, or 45-12-34 or pursuant to any other provision of state or federal law other than Title 10 of the United States Code."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Birdsong of the 104th moved that the House adopt the report of the Committee of Conference on SB 496.
On the motion, the roll call was ordered and the vote was as follows:

THURSDAY, APRIL 1, 2004

Y Amerson Anderson Ashe
Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter Y Burmeister Y Butler E Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes E 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 Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath E Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Hill, V
Y Hines 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
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee E McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel
Oliver, B Y Oliver, M
O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 155, nays 1. The motion prevailed.

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Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B Y Smith, L
Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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
Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:

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HB 1028. By Representative Powell of the 23rd:
A BILL to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative findings; to create the Georgia Hospital Insurance Authority; to provide a short title; to provide for definitions; to provide for the members of the authority and their selection, service, and terms of office; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Smith of the 52nd, Price of the 56th, and Seabaugh of the 28th.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 1190. By Representatives O`Neal of the 117th, Coleman of the 65th, Burkhalter of the 36th and Golick of the 34th, Post 3:
A BILL to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for the revision of certain provisions regarding education flexibility and accountability; to change certain provisions regarding school councils; to change certain provisions regarding early intervention programs; to change certain provisions regarding budgeting, funding, and accounting; to change certain provisions regarding program weights; to change certain provisions regarding effectiveness assessment; to amend the Official Code of Georgia Annotated, so as to change the name "Office of Education Accountability" to "Office of Student Achievement"; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Brush of the 24th, Smith of the 52nd, and Moody of the 27th.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
SB 418. By Senators Unterman of the 45th, Collins of the 6th, Johnson of the 1st, Balfour of the 9th, Lee of the 29th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide for the crime of female genital mutilation; to provide for penalties; to provide for exceptions; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, APRIL 1, 2004

3443

The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Unterman of the 45th, Collins of the 6th, and Levetan of the 40th.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 1227. By Representatives Westmoreland of the 86th, Jones of the 38th, Millar of the 52nd, Coleman of the 65th and Jamieson of the 22nd:
A BILL to amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide exemption for a primary caregiver of a child who is four years of age or younger; to provide an exemption for a primary teacher of children in a home study program; and for other purposes.
HB 1766. By Representatives James of the 114th, Ray or the 108th, Williams of the 128th, Mosley of the 129th, Post 1, Black of the 144th and others:
A BILL to create the Aquaculture Division within the Department of Agriculture and provide for its powers and duties; to create the Aquaculture Development Advisory Council and provide for its powers and duties; to amend reserved Chapter 15 of Title 2 of the Official Code of Georgia Annotated, so as to strike the reserved designation; to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated; to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated; to amend Title 2 of the Official Code of Georgia Annotated; to amend Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated; to amend Title 27 of the Official Code of Georgia Annotated; and for other purposes.
HB 346. By Representatives Millar of the 52nd, Royal of the 140th, Watson of the 60th, Post 2, Williams of the 4th and Drenner of the 57th:
A BILL to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales tax for educational purposes, so as to provide that when certain sales taxes for educational purposes are imposed, each board of education expending proceeds of the tax shall undergo a performance audit or performance review of such expenditures; to provide for contracts for such performance audit or review; and for other purposes.
HB 1325. By Representatives McBee of the 74th, Purcell of the 122nd, Greene of the 134th, Holmes of the 48th, Post 1 and Cummings of the 19th:

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A BILL to amend Chapters 2 and 3 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education and to postsecondary education, respectively, so as to change the reporting system and method for determining eligibility for HOPE scholarships, other scholarships, grants, or loan assistance, and certain postsecondary courses and advanced placement courses for students graduating from high school in 2007 and thereafter; and for other purposes.
HB 1335. By Representatives Boggs of the 145th, Greene of the 134th, Crawford of the 91st and Walker of the 115th:
A BILL to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment for crimes, so as to provide that the superior court sentence review panel shall be required to provide an opinion or memorandum of decision when a sentence is reduced; to clarify sentences subject to review; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time:

SR 184. By Senator Cheeks of the 23rd:
A RESOLUTION honoring the Military Veterans of Burke County and designating the Burke Veterans Parkway; and for other purposes;

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Amerson Anderson Ashe
Y Bannister Barnard
Y Barnes Beasley-Teague
Y Benfield Y Birdsong Y Black

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard
Howell Y Hudson Y Hugley
Jackson

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q
Noel Oliver, B

Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre

Y Boggs Bordeaux
Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter Y Burmeister Y Butler E Campbell Y Casas Y Chambers Y Channell
Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, APRIL 1, 2004

E Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J N Heard, K
Heath E Heckstall Y Hembree Y Henson Y Hill, C

Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones
Jordan Joyce Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell McBee E McCall Y McClinton Y Millar Y Mills

Y Oliver, M Y O'Neal Y Orrock Y 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
Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

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Y Snow Y Stanley-Turner
Stephens, E Y Stephens, R Y 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
Watson Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

On the adoption of the Resolution, the ayes were 146, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Heard of the 75th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, APRIL 1, 2004

Mr. Speaker and Members of the House:
Your Committee on Rules has met and submits the following supplemental to the calendar already adopted this April 01, 2004, by adding the following:

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SB 147
SB 184 SB 297 SB 347
SB 425 SB 445 SB 497
SB 513 SB 541 SB 553
SB 563

Family Violence Shelter Confidentiality Act; requirement of telephone companies not to disclose location Arson or Explosives used during commission of a felony; penalties Offense of fleeing or attempting to elude a police officer; penalties Homestead property; levy, sale; reciprocal exemption; resident judgment debtor; creditor resident in another state Public roads fund; allocation; change provisions of state/federal funds Local Government Cable Fair Competition Act of 1999; amend Cities of 300,000 or more; repeal recreating state courts of limit jurisdiction Contact lenses; sold/dispensed by licensed providers; revisions; violations Voters; application for fishing, hunting serve as registration; procedures Public roads; limitations on power to contract; design-build; provide exception Building Construction; alternative dispute mechanism; definitions; written claim

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 563. By Senators Hamrick of the 30th, Seabaugh of the 28th, Harbison of the 15th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 8 of the O.C.G.A., relating to buildings and standards of construction, so as to provide legislative findings; to provide for an alternative dispute mechanism to resolve disputes regarding construction defects; to provide definitions relating to construction; to provide for a written notice of claim by the claimant to the contractor; to provide for a written response by the contractor; to provide for access to dwellings for inspections and repairs; to provide for offers of settlement or repair or both; to provide immunity from liability for certain conditions; to provide for notice of a contractors right to resolve construction defects; to provide for claims by associations; to provide for

THURSDAY, APRIL 1, 2004

3447

related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings and standards of construction, so as to provide legislative findings; to provide for an alternative dispute mechanism to resolve disputes regarding construction defects; to provide definitions relating to construction; to provide for a written notice of claim by the claimant to the contractor; to provide for a written response by the contractor; to provide for access to dwellings for inspections and repairs; to provide for offers of settlement or repair or both; to provide for subrogation; to provide for notice of a contractors right to resolve construction defects; to provide for claims by associations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings and standards of construction, is amended by adding a new Part 2A to read as follows:
"Part 2A 8-2-35. The legislature finds, declares, and determines that Georgia needs an alternative method to resolve legitimate construction disputes that would reduce the need for litigation while adequately protecting the rights of homeowners. The legislature declares that an effective alternative dispute resolution mechanism in certain construction defect matters should involve the claimant filing a notice of claim with the contractor that the claimant asserts is responsible for the defect and providing the contractor with the opportunity to resolve the claim without litigation.
8-2-36. As used in this part, the term:
(1) 'Action' means any civil lawsuit, judicial action, or arbitration proceeding asserting a claim in whole or in part for damages or other relief in connection with a dwelling caused by an alleged construction defect.

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(2) 'Association' means a corporation formed for the purpose of exercising the powers of the members of any common interest community. (3) 'Claimant' means any one who asserts a claim concerning a construction defect. (4) 'Construction defect' has the meaning assigned by a written, express warranty either provided by the contractor or required by applicable statutory law; if no written, express warranty or applicable statutory warranty provides a definition, then construction defect means a matter concerning the design, construction, or repair of a dwelling, of an alteration of or repair or addition to an existing dwelling, or of an appurtenance to a dwelling on which a person has a complaint against a contractor. The term may include any physical damage to the dwelling, any appurtenance, or the real property on which the dwelling or appurtenance is affixed proximately caused by a construction defect. (5) 'Contractor' means any person, firm, partnership, corporation, association, or other organization that is engaged in the business of designing, developing, constructing, or selling dwellings or the alteration of or addition to an existing dwelling, repair of a new or existing dwelling, or construction, sale, alteration, addition, or repair of an appurtenance to a new or existing dwelling. The term includes:
(A) An owner, officer, director, shareholder, partner, or employee of the contractor; (B) Subcontractors and suppliers of labor and materials used by a contractor in a dwelling; and (C) A risk retention group registered under applicable law, if any, that insures all or any part of a contractors liability for the cost to repair a construction defect. (6) 'Dwelling' means a single-family house, duplex, or multifamily unit designed for residential use in which title to each individual unit is transferred to the owner under a condominium or cooperative system and shall include common areas and improvements that are owned or maintained by an association or by members of an association. A dwelling includes the systems, other components, improvements, other structures, or recreational facilities that are appurtenant to the house, duplex, or multifamily unit at the time of its initial sale but not necessarily a part of the house, duplex, or multifamily unit. (7) 'Serve' or 'service' means delivery by certified mail or statutory overnight delivery, return receipt requested, to the last known address of the addressee. For a corporation, limited partnership, limited liability company, or other registered business organization, it means service on the registered agent or other agent for service of process authorized by law.
8-2-37. If a claimant files an action without first complying with the requirements of this part, on application by a party to the action, the court or arbitrator shall stay the action until the claimant has complied with the requirements of this part. To the extent that the action includes a cause of action for damages due to personal injury or death, such cause of action shall not be subject to stay pursuant to this Code section.

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8-2-38. (a) In every action subject to this part, the claimant shall, no later than 90 days before initiating an action against a contractor, provide service of written notice of claim on that contractor. The notice of claim shall state that the claimant asserts a construction defect claim or claims and is providing notice of the claim or claims pursuant to the requirements of this part. The notice of claim shall describe the claim or claims in detail sufficient to explain the nature of the alleged construction defects and the results of the defects. In addition, the claimant shall provide to the contractor any evidence that depicts the nature and cause of the construction defect, including expert reports, photographs, and videotapes, if that evidence would be discoverable under evidentiary rules. (b) Within 30 days after service of the notice of claim by a claimant required in subsection (a) of this Code section, each contractor that has received the notice of claim shall serve on the claimant, and on any other contractor that has received the notice of claim, a written response to the claim or claims, which either:
(1) Offers to settle the claim by monetary payment, the making of repairs, or a combination of both, without inspection; or (2) Proposes to inspect the dwelling that is the subject of the claim. (c) If the contractor wholly rejects the claim and will neither remedy the alleged construction defect nor settle the claim or does not respond to the claimants notice of claim within the time stated in subsection (b) of this Code section, the claimant may bring an action against the contractor for the claims described in the notice of claim without further notice except as otherwise provided under applicable law. (d) If the claimant rejects the settlement offer made by the contractor, the claimant shall provide written notice of the claimants rejection to the contractor and, if represented by legal counsel, his or her attorney. The notice shall include the reasons for the claimants rejection of the contractors proposal or offer. If the claimant believes that the settlement offer: (1) Omits reference to any portion of the claim; or (2) Was unreasonable in any manner, the claimant shall in his or her written notice include those items that claimant believes were omitted and set forth in detail all known reasons why the claimant believes the settlement offer is unreasonable. (e) If a proposal for inspection is made pursuant to paragraph (2) of subsection (b) of this Code section, the claimant shall, within 30 days of receiving the contractors proposal, provide the contractor and its subcontractors, agents, experts, and consultants prompt and reasonable access to the dwelling to inspect the dwelling, document any alleged construction defects, and perform any destructive or nondestructive testing required to fully and completely evaluate the nature, extent, and cause of the claimed defects and the nature and extent of any repairs or replacements that may be necessary to remedy the alleged defects. If destructive testing is required, the contractor shall give claimant advance notice of such tests and shall, after completion of the testing, return the dwelling to its pretesting condition. If any inspection or testing reveals a condition

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that requires additional testing to allow the contractor to fully and completely evaluate the nature, cause, and extent of the construction defect, the contractor shall provide notice to the claimant of the need for such additional testing and the claimant shall provide prompt and reasonable access as set forth in this Code section. If a claim is asserted on behalf of owners of multiple dwellings or multiple owners of units within a multifamily complex, then contractor shall be entitled to inspect each of the dwellings or units. (f) Within 14 days following completion of the inspection and testing set forth in this Code section, the contractor shall serve on the claimant:
(1) A written offer to fully or partially remedy the construction defect at no cost to the claimant. Such offer shall include a description of any additional construction necessary to remedy the defect described in the claim and an anticipated timetable for the completion of such construction; (2) A written offer to settle the claim by monetary payment; (3) A written offer including a combination of repairs and monetary payment; or (4) A written statement that the contractor will not proceed further to remedy the defect, along with the reasons for such rejection. (g) If a claimant accepts a contractors offer made pursuant to paragraph (1), (2), or (3) of subsection (f) of this Code section and the contractor does not proceed to make the monetary payment or remedy the construction defect or both within the agreed timetable, the claimant may bring an action against the contractor for the claim described in the notice of claim without further notice except as otherwise provided by applicable law. In such a situation, the claimant may also file the contractors offer and claimants acceptance, and such offer and acceptance will create a rebuttable presumption that a binding and valid settlement agreement has been created and should be enforced by the court or arbitrator. (h) If a claimant receives a written statement that the contractor will not proceed further to remedy the defect, the claimant may bring an action against the contractor for the claim described in the notice of claim without further notice except as otherwise provided by applicable law. The contractors written statement shall include all known reasons for the rejection of the claim. (i) If the claimant rejects the offer made by the contractor to remedy the construction defect or to settle the claim by monetary payment or a combination of each, the claimant shall serve written notice of the claimants rejection on the contractor. The notice shall include all known reasons for the claimants rejection of the contractors offer. (j) Upon receipt of a claimants rejection and the reasons for such rejection, the contractor may, within 15 days of receiving the rejection, make a supplemental offer of repair or monetary payment or both to claimant. (k) If the claimant rejects the supplemental offer made by the contractor to repair the construction defect or to settle the claim by monetary payment or a combination of each, the claimant shall serve written notice of the claimants rejection on the

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contractor. The notice shall include all known reasons for the claimants rejection of the contractors supplemental settlement offer. (l) If a claimant rejects a reasonable offer, including any reasonable supplemental offer, made as provided by this part or does not permit the contractor to repair the construction defect pursuant to an accepted offer of settlement, the claimant may not recover an amount in excess of:
(1) The fair market value of the offer of settlement or the actual cost of the repairs made; or (2) The amount of a monetary offer of settlement. For purposes of this subsection, the trier of fact shall determine the reasonableness of an offer of settlement made pursuant to this part. If the claimant has rejected a reasonable offer, including any reasonable supplemental offer, and any other law allows the claimant to recover costs and attorneys fees, then claimant may recover no costs or attorneys fees incurred after the date of his or her rejection. (m) Any claimant accepting the offer of the contractor to remedy a construction defect shall do so by serving the contractor with a written notice of acceptance within a reasonable period of time after receipt of the contractors settlement offer but no later than 30 days after receipt of the offer. If no response is served upon contractor within the 30 day period, then the offer shall be deemed accepted. (n) If a claimant accepts a contractors offer to repair a construction defect described in a notice of claim, the claimant shall provide the contractor and its subcontractors, agents, experts and consultants prompt and unfettered access to the dwelling to perform and complete the construction by the timetable stated in the settlement offer. (o) If, during the pendency of the notice, inspection, offer, acceptance, or repair process, an applicable limitations period would otherwise expire, the claimant may file an action against the contractor, but such action shall be immediately stayed until completion of the notice of claim process described in this part. This subsection shall not be construed to: (1) Revive a statute of limitations period that has expired prior to the date on which a claimants written notice of claim is served; or (2) Extend any applicable statute of repose. (p) After the sending of the initial notice of claim, a claimant and a contractor may, by written mutual agreement, alter the procedure for the notice of claim process described in this part.
8-2-39. A construction defect that is discovered after a claimant has provided a contractor with the initial claim notice may not be alleged in an action until the claimant has given the contractor who performed the original construction:
(1) Written notice of claim regarding the alleged defect as required by Code Section 8-2-38; and (2) An opportunity to resolve the notice of claim in the manner provided in Code Section 8-2-38.

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8-2-40. (a) If a claimant accepts an offer made in compliance with this part and the contractor fulfills the offer in compliance with this part:
(1) The claimant shall thereafter be barred from bringing an action for the claim described in the notice of claim; and (2) The contractor shall be deemed, for insurance purposes, to have been legally obligated to make the repairs or the monetary payment as if the claimant had recovered a judgment against the contractor in the amount of the cost of the repairs or the amount of the monetary payment or both. (b) An insurer paying a claim under this part shall be subrogated to the rights of the claimant to whom the amounts were paid against the person causing the construction defect, damages, or other reason for payment to the extent that claim payments were made, except that the insurer shall be required to pay any applicable part of costs, expenses, and attorneys fees incurred in connection therewith.
8-2-41. (a) Upon entering into a contract for sale, construction, or improvement of a dwelling, the contractor shall provide notice to the owner of the dwelling of the contractors right to resolve alleged construction defects before a claimant may commence litigation against the contractor. Such notice shall be conspicuous and may be included as part of the contract. (b) The notice required by subsection (a) of this Code section shall be in substantially the following form:
GEORGIA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR OTHER ACTION FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO CONSTRUCTED, IMPROVED, OR REPAIRED YOUR HOME. NINETY DAYS BEFORE YOU FILE YOUR LAWSUIT OR OTHER ACTION, YOU MUST SERVE ON THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER THE LAW, A CONTRACTOR HAS THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS OR BOTH. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY A CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR OTHER ACTION.
8-2-42. (a) A person shall not provide or offer to provide anything of value, directly or indirectly, to a property manager of an association or to a member or officer of an association to induce the property manager, member, or officer to encourage or discourage the association to file a claim for damages arising from a construction defect.

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(b) A property manager retained by a homeowners association shall not accept anything of value, directly or indirectly, in exchange for encouraging or discouraging the association that he or she manages to file a claim for damages arising from a construction defect. (c) A member or officer of an association shall not accept anything of value, directly or indirectly, in exchange for encouraging or discouraging the association of which he or she is a member or officer to file a claim for damages arising from a construction defect. (d) A person who knowingly violates subsection (a), (b), or (c) of this Code section shall be guilty of a misdemeanor. (e) An association may bring an action against a contractor to recover damages resulting from construction defects in any of the common elements or limited common elements of the common interest community only. Such action may be maintained only after:
(1) The association first obtains the written approval of each units owner whose interest in the common elements or limited common elements will be the subject of the action; (2) A vote of the units owners to which at least a majority of the votes of the members of the association are allocated; (3) The full board of directors of the association and the contractor have met in person and conferred in a good faith attempt to resolve the associations claim or contractor has definitively declined or ignored the requests to meet with the board of directors of the association; and (4) The association has otherwise satisfied all of the preaction requirements for a claimant to commence an action as set forth in this part. (f) At least three business days in advance of any vote to commence an action by an association to recover damages resulting from construction defects in any of the common elements or limited common elements of the common interest community, the attorney representing the association shall provide to each units owner a written statement that includes, in reasonable detail: (1) The defects and damages or injuries to the common elements or limited common elements; (2) The cause of the defects, if the cause is known; (3) The nature and the extent that is known of the damage or injury resulting from the defects; (4) The location of each defect within the common elements or limited common elements, if known; (5) A reasonable estimate of the cost of the action or mediation, including reasonable attorneys fees and costs, expert fees, and the costs of testing; and (6) All disclosures that the unit owner is required to make upon the sale of the unit. (g) An association or an attorney for an association shall not employ a person to perform destructive tests to determine any damage or injury to a unit, common element, or limited common element caused by a construction defect unless:

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(1) The person is licensed as a contractor pursuant to law; (2) The association has obtained the prior written approval of each units owner whose unit or interest in the common element or limited common element will be affected by such testing; (3) The person performing the tests has provided a written schedule for repairs; (4) The person performing the tests is required to repair all damage resulting from such tests in accordance with state laws and local ordinances relating thereto; (5) The association or the person so employed obtains all permits required to conduct such tests and to repair any damage resulting from such tests; and (6) Reasonable prior notice and opportunity to observe the tests is given to the contractor against whom an action may be brought as a result of the tests. (h) An association may commence an action only upon a vote or written agreement of the owners of the units to which at least a majority of the votes of the members of the association are allocated. In such a case, the association shall provide written notice to the owner of each unit of the meeting at which the commencement of an action is to be considered or action is to be taken at least 21 calendar days before the meeting. (i) The board of directors of an association may, without giving notice to the units owners, employ a contractor and such other persons as are necessary to make such immediate repairs to a unit or common element within the common interest community as are required to protect the health, safety, and welfare of the units owners.
8-2-43. (a) Nothing in this part shall create any cause of action on behalf of any claimant or contractor. (b) This part does not apply to a contractors right to seek contribution, indemnity or recovery against a subcontractor, supplier, or design professional for any claim made against a contractor by a claimant."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall apply to all actions commenced after said effective date, regardless of the date of sale or substantial completion, improvement, or repair of the dwelling at issue in the action.
SECTION 3. 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:

THURSDAY, APRIL 1, 2004

Y Amerson Anderson Ashe
Y Bannister Y Barnard
Barnes Beasley-Teague Y Benfield Y Birdsong Y Black Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter Y Burmeister Y Butler E Campbell Y Casas Y Chambers Y Channell Y Childers N Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix
Dodson Dollar Y Dooley Y Douglas E Drenner Y Dukes E Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath E Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James
Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee E McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B
Oliver, M Y O'Neal Y Orrock Y 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 N Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

3455
Y Sholar Y Sims Y Sinkfield
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 Y 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
Watson 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 150, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 184. By Senators Mullis of the 53rd, Hamrick of the 30th, Bowen of the 13th, Smith of the 52nd, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to provide for additional offenses constituting the crimes of arson in the

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first, second, and third degree; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to provide for additional offenses constituting the crimes of arson in the first, second, and third degree; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, is amended by striking Code Section 16-7-60, relating to arson in the first degree, and inserting in its place a new Code Section 16-7-60 to read as follows:
"16-7-60. (a) A person commits the offense of arson in the first degree when, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage:
(1) Any dwelling house of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both, whether it is occupied, unoccupied, or vacant; (2) Any building, vehicle, railroad car, watercraft, or other structure of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both, if such structure is designed for use as a dwelling, whether it is occupied, unoccupied, or vacant; (3) Any dwelling house, building, vehicle, railroad car, watercraft, aircraft, or other structure whether it is occupied, unoccupied, or vacant and when such is insured against loss or damage by fire or explosive and such loss or damage is accomplished without the consent of both the insurer and the insured; (4) Any dwelling house, building, vehicle, railroad car, watercraft, aircraft, or other structure whether it is occupied, unoccupied, or vacant with the intent to defeat, prejudice, or defraud the rights of a spouse or co-owner; or (5) Any building, vehicle, railroad car, watercraft, aircraft, or other structure under such circumstances that it is reasonably foreseeable that human life might be endangered.

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(b) A person also commits the offense of arson in the first degree when, in the commission of a felony, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage anything included or described in subsection (a) of this Code section. (b)(c) A person convicted of the offense of arson in the first degree shall be punished by a fine of not more than $50,000.00 or by imprisonment for not less than one nor more than 20 years, or both."
SECTION 2. Said article is further amended by striking Code Section 16-7-61, relating to arson in the second degree, and inserting in its place a new Code Section 16-7-61 to read as follows:
"16-7-61. (a) A person commits the offense of arson in the second degree as to any building, vehicle, railroad car, watercraft, aircraft, or other structure not included or described in Code Section 16-7-60 when, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage any building, vehicle, railroad car, watercraft, aircraft, or other structure of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both. (b) A person also commits the offense of arson in the second degree as to any building, vehicle, railroad car, watercraft, aircraft, or other structure not included or described in Code Section 16-7-60 when, in the commission of a felony, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage any building, vehicle, railroad car, watercraft, aircraft, or other structure of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both. (b)(c) A person convicted of the offense of arson in the second degree shall be punished by a fine of not more than $25,000.00 or by imprisonment for not less than one nor more than ten years, or both."
SECTION 3. Said article is further amended by striking Code Section 16-7-62, relating to arson in the third degree, and inserting in its place a new Code Section 16-7-62 to read as follows:
"16-7-62. (a) A person commits the offense of arson in the third degree when, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage:
(1) Any personal property of another without his or her consent or in which another has a security interest, including but not limited to a lien, without the consent of both and the value of the property is $25.00 or more;

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(2) Any personal property when such is insured against loss or damage by fire or explosive and the loss or damage is accomplished without the consent of both the insurer and insured and the value of the property is $25.00 or more; or (3) Any personal property with the intent to defeat, prejudice, or defraud the rights of a spouse or co-owner and the value of the property is $25.00 or more. (b) A person also commits the offense of arson in the third degree when, in the commission of a felony, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage anything included or described in subsection (a) of this Code section. (b)(c) A person convicted of the offense of arson in the third degree shall be punished by a fine not to exceed $10,000.00 or by imprisonment for not less than one nor more than five years, or both."
SECTION 4. This Act shall become effective on July 1, 2004. This Act shall not apply to any offense committed prior to July 1, 2004. Any such offense shall be punishable as provided by the statue in effect at the time the offense was committed.
SECTION 5. 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 Anderson Ashe
Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes E Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin

Y Hill, C.A Hill, V
Y Hines Y Holmes
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
Joyce Y Keen Y Knox

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell

Y Sholar Y Sims Y Sinkfield
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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper

Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter Y Burmeister Y Butler E Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, APRIL 1, 2004

Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath E Heckstall Y Hembree Y Henson Y Hill, C

Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee E McCall Y McClinton Y Millar Y Mills

Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

3459
Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson 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 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 1325. By Representatives McBee of the 74th, Purcell of the 122nd, Greene of the 134th, Holmes of the 48th, Post 1 and Cummings of the 19th:
A BILL to amend Chapters 2 and 3 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education and to postsecondary education, respectively, so as to change the reporting system and method for determining eligibility for HOPE scholarships, other scholarships, grants, or loan assistance, and certain postsecondary courses and advanced placement courses for students graduating from high school in 2007 and thereafter; and for other purposes.

The following Senate substitute was read:

A BILL To amend Chapters 2 and 3 of Title 20 of the Official Code of Georgia Annotated,

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relating to elementary and secondary education and to postsecondary education, respectively, so as to change the reporting system and method for determining eligibility for HOPE scholarships, other scholarships, grants, or loan assistance, and certain postsecondary courses and advanced placement courses for students enrolling as freshmen in eligible public or private postsecondary institutions on or after May 1, 2007; to revise certain definitions; to delete obsolete provisions; to provide that residency requirements for HOPE scholarships and HOPE grants shall be established by regulations of the Georgia Student Finance Commission; to provide for loss of eligibility for the HOPE scholarship for any student who does not possess at least a cumulative 3.0 grade point average at the end of each spring quarter or semester; to provide for restoration of such eligibility; to provide for changes to the amount of HOPE scholarships and grants under certain conditions; to provide for a limitation on quarter hours or semester hours of eligibility for HOPE grants and eligibility for combined HOPE scholarships and grants; to prohibit the award of HOPE grants to any person who possesses a bachelors degree or higher; to provide for exceptions; to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to lottery for education, so as to change certain provisions relating to the scholarship shortfall reserve subaccount; to provide for changes to the amount of a HOPE scholarship or grant under certain conditions; to create the Lottery for Education Legislative Oversight Committee; to provide for membership and duties of such oversight committee; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-157, relating to the uniform reporting system for specified purposes, and inserting in lieu thereof the following:
"20-2-157. (a) It is the intent of the General Assembly to establish a uniform reporting system to be used as one of the criteria to determine eligibility of students seeking enrollment in postsecondary courses pursuant to Code Section 20-2-161.1 or seeking educational scholarships, grants, or loan assistance administered by the Georgia Student Finance Commission pursuant to Article 7 of Chapter 3 of this title. (b) Beginning May 1, 2007, each Each school system and private school shall adopt the following reporting system described in this subsection for purposes of identifying and qualifying graduating seniors for the HOPE scholarship program and other programs identified in this Code section:
(1) A final grade average of at least an 80 numeric average, provided the student meets the college preparatory curriculum requirements Each school system and private school shall transmit, in a manner and at times prescribed by the Georgia Student Finance Commission, an electronic transcript of courses and course grades for

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each graduating senior that reflects the complete high school academic record of the student, including scores on any state tests required for graduation, the grading scales used by the school system or private school for the time periods referenced by the transcripts, and any other pertinent information as determined by the Georgia Student Finance Commission. Each grade reported by a school system or private school to the commission for the purpose of calculating the grade point average for HOPE scholarship eligibility shall be the actual grade earned by the student, with no weighting or addition of points by the local school system or private school; (2) A final grade average of at least an 85 numeric average, if the student meets the career/technical curriculum requirements The Georgia Student Finance Commission shall calculate a grade point average for the purpose of determining eligibility for the HOPE scholarship from these electronic transcripts and shall notify students of their eligibility and high schools as to the eligibility of students; (3) For students graduating from high school in 2000 or thereafter, a final grade average of at least an 80 numeric average in their core curriculum subjects, provided that the student meets the college preparatory curriculum requirements For students otherwise qualified and enrolling as freshmen students in eligible public or private postsecondary institutions for the first time on May 1, 2007, or thereafter, the Georgia Student Finance Commission shall calculate grade point averages for determining eligibility for the HOPE scholarship and other scholarships referenced in this Code section as follows:
(A) For students receiving a college preparatory diploma, each grade for a student in attempted coursework in English, mathematics, science, social studies, and foreign language that would, if successfully completed, satisfy a core graduation requirement for the college preparatory curriculum shall be equated to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0; or (B) For students receiving a career/technical diploma, each grade for a student in attempted coursework in English, mathematics, science, and social studies that would, if successfully completed, satisfy a core graduation requirement for the career/technical curriculum shall be equated to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0. Grades for coursework that is classified as advanced placement or international baccalaureate shall be weighted by the Georgia Student Finance Commission in calculating the overall grade point averages for students, provided that the weighting of such course grades is uniformly applied to all students in the state taking the specified coursework. The sum of the equated grades shall be divided by the number of course grades, adjusted for term length, to yield a grade point average on a 4.0 scale; or (4) For students graduating from high school in 2000 or thereafter, a final grade average of at least an 85 numeric average in their core curriculum subjects if the student meets the career/technical curriculum requirements. Qualification for the

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HOPE scholarship shall be determined from the grade point average calculated as set out in paragraph (3) of this subsection. Beginning May 1, 2007, students with grade point averages equal to or in excess of 3.0 on the 4.0 scale with a college preparatory diploma shall meet achievement standards for the HOPE scholarship; students receiving a career/technical diploma shall meet achievement standards for the HOPE scholarship with a grade point average equal to or in excess of 3.2 on a 4.0 scale. This paragraph shall apply regardless of when a student graduated from high school and regardless of such students eligibility status prior to May 1, 2007; and (5) Beginning May 1, 2007, only Only the reporting system as indicated in this subsection shall be used to determine eligibility for all grants, scholarships, or loans to attend colleges or universities which are administered pursuant to Article 7 of Chapter 3 of this title and eligibility for enrollment in postsecondary courses pursuant to Code Section 20-2-161.1. (c)(1) Prior to May 1, 2007, each school system shall adopt the following reporting system for purposes of identifying and qualifying graduating seniors for the HOPE scholarship program and other programs identified in this Code section:
(A) A final grade average of at least an 80 numeric average in their core curriculum subjects, provided that the student meets the college preparatory curriculum requirements; or (B) A final grade average of at least an 85 numeric average in their core curriculum subjects if the student meets the career/technical curriculum requirements. (2) Prior to May 1, 2007, only the reporting system as indicated in this subsection shall be used to determine eligibility for all grants, scholarships, or loans to attend colleges or universities which are administered pursuant to Article 7 of Chapter 3 of this title and eligibility for enrollment in postsecondary courses pursuant to Code Section 20-2-161.1."
SECTION 2. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by striking paragraphs (13), (21), and (22) of Code Section 20-3-519, relating to definitions, and inserting in lieu thereof the following:
"(13) 'HOPE grant' means a Helping Outstanding Pupils Educationally grant for education awarded in accordance with Code Section 20-3-519.4 or 20-3-519.5." "(21) 'Quarter hours' includes each quarter hour attempted, whether remedial or for credit toward a degree, but shall not include any quarter hour attempted or completed before graduating from high school or earning a general educational development (GED) diploma. This term shall not be construed to exclude any major of study or courses offered by an eligible postsecondary institution for purposes of HOPE scholarships under this part. (22) 'Semester hours' includes each semester hour attempted, whether remedial or for credit toward a degree, but shall not include any semester hour attempted before graduating from high school or earning a general educational development (GED) diploma. This term shall not be construed to exclude any major of study or courses

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offered by an eligible postsecondary institution for purposes of HOPE scholarships under this part."
SECTION 3. Said chapter is further amended by striking Code Section 20-3-519.2, relating to eligibility requirements for HOPE scholarships at public postsecondary institutions, and inserting in lieu thereof the following:
"20-3-519.2. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by:
(A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1993 or thereafter and meeting the requirements set out in the applicable subsection and paragraph of subsection (b) of Code Section 20-2-157; or (B) In the case of a student who is otherwise qualified but:
(i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993, provided that such student shall only be eligible for a HOPE scholarship pursuant to subsection (e) of the Code section; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; or (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status.

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(b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria:
(A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate degree at a public postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate degree at a public postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state

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tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria:
(A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree. (e)(1) A student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter or 30 semester hours without a HOPE scholarship. An otherwise eligible student who regains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the student has attempted 90 quarter hours or 135 quarter hours or 60 semester hours or 90 semester hours may requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter hours or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (f) For students eligible for a HOPE scholarship under this Code section, no minimum number of hours of enrollment is required. (g)(1) Except as set out in paragraph (2) of this subsection, a student may receive the HOPE scholarship until the first of these events: (A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate degree program designed to be more than 190 quarter hours or 127 semester hours in length is eligible to receive the HOPE scholarship for the lesser of: (A) A total of 225 attempted quarter hours or 150 attempted semester hours; or (B) The number of hours required for graduation if the student has a 3.0 cumulative grade point average of at least 3.0 after the term in which the student attempted 190 quarter hours or 127 semester hours.

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(h) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount Lottery for Education Account in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall include tuition, approved mandatory fees, and a book allowance not to exceed $100.00 per quarter or $150.00 per semester."
SECTION 4. Said chapter is further amended by striking Code Section 20-3-519.3, relating to eligibility requirements for HOPE scholarships at private postsecondary institutions, and inserting in lieu thereof the following:
"20-3-519.3. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by:
(A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1996 or thereafter and meeting the requirements set out in the applicable paragraph of subsection (b) of Code Section 20-2-157; or (B) In the case of a student who is otherwise qualified but:
(i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993, provided that such student shall only be eligible for a HOPE scholarship pursuant to subsection (e) of this Code section; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; or (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; and (3) Meet enrollment standards by:

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(A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status; and (B) Being registered for and attending classes as a full-time student for 14 days or more after the last day of the institutions drop and add period. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as a full-time student for 14 days or more after the last day of the institutions drop and add period. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or provided that in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, have been accepted into the professional level program of study prior to receiving a baccalaureate degree; and

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(B) Being registered for and attending classes as a full-time student for 14 days or more after the last day of the institutions drop and add period. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as a full-time student for 14 days or more after the last day of the institutions drop and add period. (e)(1) An otherwise eligible student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter hours or 30 semester hours without a HOPE scholarship. A student who regains a cumulative grade point average of at least 3.0 at end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours may requalify for a HOPE scholarship. A student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours may requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (f)(1) Except as set out in paragraph (2) of this subsection, a student may receive a HOPE scholarship until the first of these events:

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(A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate degree program designed to be more than 190 quarter hours or 127 semester hours in length is eligible to receive a HOPE scholarship for the lesser of: (A) A total of 225 attempted quarter hours or 150 attempted semester hours; or (B) The number of hours required for graduation if the student has a cumulative grade point average of at least 3.0 after the term in which the student attempted 190 quarter hours or 127 semester hours. (g) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $3,000.00 for any academic year."
SECTION 5. Said chapter is further amended by striking Code Section 20-3-519.4, relating to terms and conditions for receipt of certain HOPE grants at private postsecondary institutions, and inserting in lieu thereof the following:
"20-3-519.4. (a) An eligible student attending an eligible private postsecondary institution and receiving a HOPE grant during the 1995-1996 academic year under the terms and conditions of eligibility effective for students of eligible private postsecondary institutions during such term will be eligible to continue receiving HOPE grant funds under the same terms and conditions until the earlier of the following:
(1) The end of the spring term of 1999; or (2) Graduation. (b) A student who received the HOPE grant at a private postsecondary institution for at least one semester or quarter beginning with the summer term of 1995 through the spring term of 1997 is not eligible for the HOPE scholarship at an eligible postsecondary institution until a quarter or semester beginning with or after the summer term of 1999. Reserved."
SECTION 6. Said chapter is further amended by striking Code Section 20-3-519.5, relating to eligibility for HOPE grants, and inserting in lieu thereof the following:
"20-3-519.5. (a) To be eligible for a HOPE grant, a student seeking a diploma or certificate at a branch of the Georgia Department of Technical and Adult Education or a unit of the University System of Georgia shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of

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the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; and (2) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status in a program of study leading to a certificate or diploma and maintaining satisfactory academic progress in accordance with the standards and practices used for federal Title IV programs by the institution at which the student is enrolled. (b) There is no minimum number of hours of enrollment required for eligibility for a HOPE grant under this Code section. (c) Subject to the provisions of subsection (e) of this Code section, an An eligible student may receive HOPE grants for all course work required by the institution for programs of study leading to a certificate or diploma, including remedial or developmental studies. (d) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount Lottery for Education Account in Code Section 50-27-13, a HOPE grant awarded under this Code section shall include tuition, approved mandatory fees, and a book allowance not to exceed $100.00 per quarter or $150.00 per semester. (e) No student may receive HOPE grants for more than 95 quarter hours or 63 semester hours of attempted coursework. No student may receive more than a cumulative total of 190 quarter hours or 127 semester hours of combined HOPE scholarships and grants, unless in accordance with Code Sections 20-3-519.2 and 20-3-519.3. (f) No person who possesses a bachelors, masters, or doctorate degree may receive a HOPE grant."
SECTION 7. Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to lottery for education, is amended in Code Section 50-27-13, relating to disposition of lottery proceeds, budget report by the Governor, appropriations by the General Assembly, and the shortfall reserve subaccount, by striking paragraph (3) of subsection (b) and inserting a new paragraph (3) and by inserting a new paragraph (5) of subsection (b) to read as follows:
"(3) A scholarship shortfall reserve subaccount shall be maintained within the Lottery for Education Account. An amount equal to 10 percent of the total amount of lottery proceeds disbursed during the preceding fiscal year in the form of scholarships and grants for higher education shall be deposited from lottery proceeds each year until such amount equals 50 percent of such sum. Thereafter, only an amount necessary to maintain the scholarship shortfall reserve subaccount in an amount equal to 50 percent of the amount of lottery proceeds disbursed during the preceding fiscal year shall be deposited into the subaccount. If the net proceeds paid into the Lottery for Education Account in any year are not sufficient to meet the amount appropriated for higher education scholarships, the shortfall reserve subaccount may be drawn upon to meet the deficiency. In the event it becomes necessary to draw from the reserve subaccount

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in any fiscal year, the scholarship program shall be reviewed and shall be reduced to accommodate available lottery proceeds, exclusive of the scholarship shortfall reserve subaccount, through such methods as reducing the family income cap qualification, reducing or eliminating grants for student fees and books, paying an amount up to but not to exceed actual tuition, and reducing the academic years funded."
"(5)(A) For purposes of this subsection, the term 'year-end balance' shall mean the amount, as determined by the state auditor, of unexpended and uncommitted funds in the Lottery for Education Account at the end of a fiscal year, which shall not include amounts contained in the subaccounts provided for in paragraphs (3) and (4) of this subsection. (B) In the event that the year-end balance of a fiscal year is less than the year-end balance of the fiscal year immediately preceding, then all scholarships and grants for mandatory fees under Part 7 of Article 7 of Chapter 3 of Title 20 shall not exceed $500.00 per year beginning in the subsequent fiscal year and thereafter. In the event that the year-end balance of any subsequent fiscal year is less than the year-end balance of the fiscal year immediately preceding, then all scholarships and grants for mandatory fees under Part 7 of Article 7 of Chapter 3 of Title 20 shall be eliminated beginning in the next fiscal year and thereafter. In the event that the yearend balance of any further subsequent fiscal year is less than the year-end balance of the fiscal year immediately preceding, then all scholarships and grants for book allowances under Part 7 of Article 7 of Chapter 3 of Title 20 shall be eliminated beginning in the next fiscal year and thereafter."
SECTION 8. Said article is further amended by adding a new Code section to read as follows:
"50-27-35. (a) There is created as a joint committee of the General Assembly the Lottery for Education Legislative Oversight Committee, to be composed of 14 members as follows: three members from each of the following committees, to be appointed by the respective chairperson of the committee: House Committee on Higher Education, Senate Higher Education Committee, House Committee on Education, and Senate Education Committee; and the two cochairpersons of the Georgia Lottery Corporation Legislative Oversight Committee. The members of the committee shall select a chairperson from among their membership who shall serve as chairperson of the oversight committee. The oversight committee shall be authorized to inquire into and review all aspects of the Lottery for Education Account and programs conducted with funds from the Lottery for Education Account, as well as review and evaluate the conditions, needs, and issues of programs conducted with funds from the Lottery for Education Account. The oversight committee may conduct any independent audit or investigation of the commission it deems necessary. The committee shall meet at least twice annually, which shall include a meeting in January no later than the second Monday in January and a second meeting no earlier than July 5 and no later than August 1. The committee may have additional meetings at the call of the chairperson.

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(b) The committee may request and receive reports from any appropriate agency in order to conduct activities pursuant to subsection (a) of this Code section."
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

Representative McBee of the 74th moved that the House disagree to the Senate substitute to HB 1325.
The motion prevailed.

The Speaker assumed the Chair.

HB 1229. By Representatives Barnes of the 84th, Post 2, Buckner of the 82nd, Dodson of the 84th, Post 1, Orrock of the 51st and Wix of the 33rd, Post 1:
A BILL to amend Code Section 16-5-70 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to add a nonmerger provision for the offense of cruelty to children in the second degree; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Code Section 16-5-70 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to add a nonmerger provision for the offense of cruelty to children under certain circumstances; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1.
Code Section 16-5-70 of the Official Code of Georgia Annotated, relating to cruelty to children, is amended by inserting a new subsection (f) to read as follows:

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"(f) The offense of cruelty to children in the second degree shall not be merged with a forcible felony, battery, or family violence battery, nor shall such offense be merged into another violation of cruelty to children in the second degree, and each violation shall be considered a separate offense."
PART II SECTION 2.
Code Section 16-5-70 of the Official Code of Georgia Annotated, relating to cruelty to children, is amended by inserting a new subsection (f) to read as follows:
"(f) The offense of cruelty to children in the third degree shall not be merged with a forcible felony, battery, or family violence battery, nor shall such offense be merged into another violation of cruelty to children in the third degree, and each violation shall be considered a separate offense."
PART III SECTION 3.
(a) Part I of this Act shall become effective and Part II shall be repealed on July 1, 2004, if Senate Bill 467 as enacted at the 2004 session of the General Assembly does not become law. (b) Part II of this Act shall become effective and Part I shall be repealed on July 1, 2004, if Senate Bill 467 as enacted at the 2004 session of the General Assembly becomes law. (c) Part III of this Act shall become effective on July 1, 2004.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Barnes of the 84th, Post 2 moved that the House disagree to the Senate substitute to HB 1229, the Bill having been engrossed in the House.
The motion prevailed.

HB 1095. By Representative Harbin of the 80th:
A BILL to amend Code Section 27-4-33 of the Official Code of Georgia Annotated, relating to spearing of fish, so as to authorize the taking of certain fish by spearing in certain waters of the state; and for other purposes.

The following Senate substitute was read:

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A BILL
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to regulate the taking of certain wildlife; to change certain provisions relating to hunting deer with dogs; to change certain provisions relating to taking fish generally; to change certain provisions relating to spearing of fish; to authorize the taking of fish by grabbling, by noodling, or by hand under certain conditions; to provide penalties for violations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking Code Section 27-3-17, relating to hunting deer with dogs, and inserting in lieu thereof the following:
"27-3-17. (a) It shall be unlawful to hunt deer with dogs except during such special open seasons for the hunting of deer with dogs as may be designated by the board on a state-wide, regional, or local basis. (b) In accordance with subsection (a) of this Code section, the board is authorized to promulgate rules and regulations establishing an open season for the hunting of deer with dogs as may be appropriate based on sound wildlife management principles. (c) It shall be unlawful for any person to hunt deer with dogs on any tract of real property unless a permit for hunting deer with dogs has been issued by the department for such tract to the owner or owners of such tract or the lessee of deer hunting rights for such tract. A permit for hunting deer with dogs shall not be issued to the owner or owners for any tract of real property that is less than 200 contiguous acres. A permit for hunting deer with dogs shall not be issued to a lessee of deer hunting rights for any tract of real property that is less than 1,000 contiguous acres. Any application for a permit for hunting deer with dogs shall be on such form as prescribed by the department; shall be accompanied by the required application fee; and shall include a written description of the tract boundaries and a map showing key features such as public roads or streams on or bordering the tract and occupied dwellings on adjacent properties. The application must be signed by all persons owning any portion of the tract of real property or an authorized agent thereof. The application fee for such permit shall be $100.00 for an annual permit or $25.00 for a two-day permit. (d) The owner of any dog that is used for hunting deer must cause such dog to be identified at all times during the hunt with the permit number for the tract being hunted. (e) Any person operating a motor vehicle used in conducting a deer hunt with dogs shall during such hunt clearly display in the lower corner of the drivers side of the front or rear windshield of such motor vehicle a decal or card showing the tract permit number in numerals not less than two inches high.

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(f)(e) The department shall thoroughly investigate for validity any complaints from adjacent property owners regarding hunting deer with dogs in violation of this title or rules and regulations issued pursuant to this title. The commissioner may take action against a permit as provided by Code Section 27-2-25 for violations of the provisions of this title or rules and regulations issued pursuant to this title occurring on the tract of real property for which the permit was issued."
SECTION 2. Said title is further amended by striking subsection (a) of Code Section 27-4-5, relating to methods of taking fish generally, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) It shall be unlawful to fish for game fish, except American shad, hickory shad, flathead catfish, and channel catfish, by any means other than a pole and line. Except as otherwise provided, it shall be unlawful to take any fish in the fresh waters of this state by any method other than a pole and line, sport trotlines in accordance with Code Section 27-4-32, set hooks, jugs, bow and arrow in accordance with Code Section 27-434, spears in accordance with Code Section 27-4-33, bow nets as provided in Code Section 27-4-35, seines in accordance with Code Section 27-4-6, by hand in accordance with Code Section 27-4-37, and as authorized in Code Section 27-4-91 with regard to commercial fresh-water fishing."
SECTION 3. Said title is further amended by striking Code Section 27-4-33, relating to spearing of fish, and inserting in lieu thereof the following:
"27-4-33. (a) It shall be unlawful to spear game fish and all species of catfish in the fresh waters of this state except as provided in this Code section; provided, however, other species of nongame fish may be speared solely for the purpose of sport, provided the person engaged in the act of spearing is completely submerged. (b) 'Spearing' as used in this Code section shall be limited to the use of a spear or similar instrument that is held in the hand of the person using the same and the use of a weapon other than a firearm which propels or forces a projectile or similar device therefrom, to which a wire, rope, line, cord, or other means of recovering the projectile or similar device is attached, which wire, rope, line, cord, or other means is secured to the weapon or the person using the weapon. (c) It shall also be unlawful for any person to engage in the spearing of nongame fish in the fresh waters of this state without a resident or nonresident fishing license as provided in Code Section 27-2-23. (d) It shall be unlawful to use spears with poisonous or exploding heads. (e) It shall be unlawful to discharge spears into waters nearer than 150 feet to anyone engaged in any other means of recreation. (f) Any game fish, except channel catfish and flathead catfish taken under the provisions of subsection (g) of this Code section, with an open wound and in the

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possession of a person fishing with a spear shall be prima-facie evidence of taking and possessing fish illegally. (g) It shall be unlawful to take channel catfish and flathead catfish anywhere in the Savannah River, including its tributaries and impoundments within the Savannah River Basin, by means of spearing, except under the following conditions:
(1) The taking of channel catfish and flathead catfish in the Savannah River, including its tributaries and impoundments within the Savannah River Basin, by spear shall be legal at any time of the day and at night by the use of a light; and (2) All spears used pursuant to this subsection must be equipped with barbs or contain devices on the point to act as a harpoon for recovering fish and must be attached to the person using the spear or to the weapon by a rope, line, or cord sufficient for recovering the spear and channel catfish or flathead catfish."
SECTION 4. Said chapter is further amended by adding a new Code Section 27-4-37 to read as follows:
"27-4-37. (a) It shall be unlawful to fish for game fish, catfish, and all other species of fish in the freshwaters of the state by grabbling, noodling, or hand grabbing except as provided in this Code section. Flathead, channel, and blue catfish may be taken by hand without the aid of any device, hook, snare, net, or other artificial instrument and without the aid of any scuba equipment, air hose, or other artificial breathing apparatus between March 1 and July 15 of each year. (b) It shall be unlawful to alter any natural or manmade feature by placing boards, wire, barrels, buckets, or any device or obstruction in any stream or other body of water or to modify any log, hole, or other feature in an attempt to attract or capture fish by grabbling, noodling, or hand grabbing or to take fish by grabbling, noodling, or hand grabbing from such altered devices. It shall also be unlawful to raise any part of a natural or artificial device out of the water to aid in the hand capture of enclosed fish. (c) Any game fish, except channel and flathead catfish, taken in violation of the provisions of subsections (a) and (b) of this Code section, in the possession of a person grabbling, noodling, or hand grabbing fish shall be prima-facie evidence of taking and possessing fish illegally. (d) It shall be unlawful for any person to engage in the grabbling, noodling, or hand grabbing of flathead, channel, or blue catfish in the fresh waters of this state without a resident or nonresident fishing license as provided in Code Section 27-2-23."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Harbin of the 80th moved that the House disagree to the Senate substitute to HB 1095.

THURSDAY, APRIL 1, 2004 The motion prevailed.

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By unanimous consent, all remaining Bills on the Rules Calendar were postponed until the next legislative day.

By unanimous consent, SB 198 having been previously postponed, was again postponed until the next legislative day.

Representative Ray of the 108th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture and Consumer Affairs 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 1818 Do Pass

Respectfully submitted, /s/ Ray of the 108th
Chairman

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 1300. By Representatives Powell of the 23rd, Boggs of the 145th, Burmeister of the 96th and DeLoach of the 127th:
A BILL to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to prohibit persons from contracting with any other person to perform utility contracting

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work unless such other person is properly licensed; to provide that persons holding utility manager and utility foreman certificates must provide proof of completion of a course in safety training every two years; and for other purposes.
HB 1709. By Representatives Channell of the 77th, Parrish of the 102nd, Shaw of the 143rd, Orrock of the 51st and Parham of the 94th:
A BILL to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide that nursing homes annually offer an influenza virus vaccine to all medicare and Medicaid eligible patients and private pay patients in their facilities; and for other purposes.
HB 1158. By Representatives Powell of the 23rd, Parham of the 94th and Reece of the 21st:
A BILL to amend Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as probation condition, so as to change certain provisions relating to ignition interlock device limited driving permits; and for other purposes.
HB 1751. By Representatives Stephens of the 123rd, Channell of the 77th, Parrish of the 102nd and Barnard of the 121st, Post 1:
A BILL to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for the circumstances under which the Board of Community Health may contract for the coverage of employees of governmental entities; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:
HB 1162. By Representatives Powell of the 23rd, Parham of the 94th and Reece of the 21st:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for licensing of ignition interlock device provider centers; to provide a short title; to provide for definitions; to provide for certain requirements for operators of provider centers; to provide for a misdemeanor offense; and for other purposes.

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HB 1416. By Representatives Lane of the 101st, Royal of the 140th, Porter of the 119th, Ray of the 108th, Jenkins of the 93rd and others:
A BILL to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxation of property, so as to change certain provisions relating to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual report; to expressly include certain property devoted to production of wildlife by maintaining wildlife habitat within the meaning of bona fide conservation use property; and for other purposes.
HB 1446. By Representatives Birdsong of the 104th, Warren of the 99th, Roberts of the 135th, Heath of the 18th, Heckstall of the 48th, Post 3 and others:
A BILL to amend Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to homestead exemption by qualified disabled veterans, filing requirements, periodic substantiation of eligibility, and persons eligible without application, so as to change references to the maximum exemption allowable; and for other purposes.

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 9:00 o'clock, A.M., Wednesday, April 7, 2004.

3480

JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia
Wednesday, April 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 Ashe Bannister Barnard Barnes Birdsong Black Bridges Brock Broome Brown E Bruce E Buck Buckner, D Bunn Burkhalter Butler Campbell Casas Chambers

Childers Coleman, B E Crawford Cummings Day Dodson Dollar Dooley Douglas E Drenner E Ehrhart Fleming Floyd, J Franklin Gardner Graves, D E Harbin Harper Heard, J Heard, K

Heath E Heckstall
Hembree E Henson
Hill, C Hines Houston Hugley Jackson Keen Knox Lewis Lord Lunsford E Massey Maxwell Millar E Mills Mosby

Mosley Murphy, J Murphy, Q E Oliver, B O'Neal Parsons Purcell Randall Reece, S Rice Roberts, J Rogers, C Rogers, Ch. Royal Rynders Scott Shaw Sholar Skipper

Smith, L Smith, P Smith, V Stephens, E Stephens, R Stokes Stoner Teilhet Teper 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 Anderson of the 100th; Beasley-Teague of the 48th, Post 2; Benfield of the 56th, Post 1; Boggs of the 145th; Bordeaux of the 125th; Borders of the 142nd; Brooks of the 47th; Buckner of the 82nd; Burmeister of the 96th; Channell of the 77th; Cooper of the 30th; Dean of the 49th; DeLoach of the 127th; Dukes of the 136th; Elrod of the 25th; Epps of the 90th; Floyd of the 69th, Post 2; Fludd of the 48th, Post 4; Forster of the 3rd, Post 1; Golick of the 34th, Post 3; Graves of the 10th; Greene of the 134th; Greene-Johnson of the 60th, Post 3; Hanner of the 133rd; Harrell of the 54th; Hill of the 81st; Holmes of the 48th, Post 1; Howell of the 92nd; Hudson of the 95th; James of the 114th; Jamieson of the 22nd; Jenkins of the 93rd; Jenkins of the 8th; Jones of the 38th; Jordan of the 83rd; Lane of the 101st; Lucas of the 105th; Maddox of the 59th, Post 2; Mangham of the 62nd; Manning of the 32nd; Marin of the 66th; Martin of the 37th; McBee of the 74th; McCall of the 78th; McClinton of the 59th, Post 1; Mitchell of the 61st, Post 3; Mobley of the 58th; Moraitakis of the 42nd, Post 4; Morris of the 120th; Noel of the 44th; Orrock of the 51st; Parrish of the 102nd; Porter of the 119th; Powell of

WEDNESDAY, APRIL 7, 2004

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the 23rd; Ralston of the 6th; Ray of the 108th; Reece of the 11th; Richardson of the 26th; Roberts of the 135th; Sims of the 130th; Sinkfield of the 50th; Smith of the 76th; Smith of the 129th, Post 2; Smyre of the 111th; Snow of the 1st; Stanley-Turner of the 43rd, Post 2; Stephenson of the 60th, Post 1; Thomas of the 43rd, Post 1; Thompson of the 69th, Post 1; Walker of the 71st, Post 1; Walker of the 115th; Watson of the 60th, Post 2; and Yates of the 85th, Post 1.
They wish to be recorded as present.

Prayer was offered by the Reverend James C. Shipman, Pastor, Bolton Street Missionary Baptist Church, Savannah, 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.

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By unanimous consent, the following Bill of the House was introduced, read the first time and referred to the Committee:

HB 1836. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1, Boggs of the 145th, Williams of the 128th, Purcell of the 122nd and others:
A BILL to amend Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional development centers, so as to provide for comprehensive state water management planning; to provide legislative findings and declarations; to provide for preparation of regional components of such plan by regional development centers; to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to repeal certain provisions relating to river basin management plans; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1835 SB 378 SB 379 SB 380 SB 545 SB 613

SB 628 SR 596 SR 828 SR 883 SR 952

Representative Oliver of the 56th District, Post 2, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 44 Do Pass, by Substitute

WEDNESDAY, APRIL 7, 2004
Respectfully submitted, /s/ Oliver of the 56th, Post 2
Chairman

3483

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HR 1652 Do Pass HR 1763 Do Pass

HR 1775 Do Pass HR 1871 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 820 Do Pass SB 388 Do Pass SB 589 Do Pass

SB 617 Do Pass SB 631 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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JOURNAL OF THE HOUSE

By unanimous consent, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

HR 820. By Representatives Henson of the 55th, Drenner of the 57th, Williams of the 61st, Post 2, Benfield of the 56th, Post 1, Mosby of the 59th, Post 3 and others:
A RESOLUTION urging the appropriate authorities in DeKalb County to take certain actions with respect to licensing of certain facilities; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

SB 388. By Senators Lee of the 29th and Seabaugh of the 28th:
A BILL to be entitled an Act to provide a new charter for the City of Haralson; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

SB 589. By Senators Hamrick of the 30th, Dean of the 31st and Lee of the 29th:
A BILL to be entitled an Act to amend an Act providing for the Carroll County Board of Elections, approved April 29, 1997 (Ga. L. 1997, p. 4592), so as to change the name of said board and to change the functions of said board to include powers and duties of boards of registrars and relieve the Board of Registrars of Carroll County of such powers and duties; to change

WEDNESDAY, APRIL 7, 2004

3485

the composition and method of selection of board members and change terms of office; to provide for resignations and removal; to provide for an election supervisor and employees; to provide for offices and equipment; to provide for performance of certain municipal functions and duties; to provide for a submission and effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

SB 617. By Senators Hall of the 22nd and Cheeks of the 23rd:
A BILL to be entitled an Act to amend an Act creating the Augusta Canal Authority, approved March 30, 1989 (Ga. L. 1989, p. 4750), as amended, so as to change a definition; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

SB 631. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend an Act creating a charter for the City of Carrollton, approved September 9, 1891 (Ga. L. 1890-91, Vol. II, p. 474), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4172), so as to provide for the levy of a school tax by the mayor and council of the City of Carrollton for that citys independent school system and for limitations relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

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Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Beasley-Teague Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Burmeister Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Dix
Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming
Floyd, H Y Floyd, J Y Fludd Y Forster
Franklin Gardner Golick Y Graves, D Y Graves, T Y Greene Greene-Johnson Hanner E Harbin Y Harper Harrell Y Heard, J Y Heard, K Heath E Heckstall Y Hembree E Henson Y Hill, C

Y 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
Jenkins, C Y Jenkins, C.F
Jones Y Jordan
Joyce Keen Y Knox Y Lane Y Lewis Lord Y Lucas Lunsford Maddox Y Mangham Y Manning Marin Y Martin Y Massey Maxwell Y McBee Y McCall Y McClinton Y Millar E Mills

Y Mitchell Y Mobley
Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock Parham Y Parrish Y Parsons Y Porter Powell Y Purcell Y Ralston Y Randall Y Ray Reece, B Y Reece, S 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
Sinkfield Skipper Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson 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 Bills, the ayes were 133, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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:

WEDNESDAY, APRIL 7, 2004

3487

HB 441. By Representatives Holmes of the 48th, Post 1, Campbell of the 39th, Moraitakis of the 42nd, Post 4, Willard of the 40th, Bruce of the 45th and others:
A BILL to amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to provide that any person who becomes a judge of the State Court of Fulton County on or after July 1, 2004, shall become a member of such retirement system; to provide that any person serving in such position on June 30, 2004, may elect to be a member of such retirement system; and for other purposes.
HB 484. By Representatives Jenkins of the 93rd, Boggs of the 145th and Mangham of the 62nd:
A BILL to amend Code Section 17-5-54 of the Official Code of Georgia Annotated, relating to disposition of personal property in custody of a law enforcement agency, so as to change the provisions relating to the disposition of personal property in custody of a law enforcement agency; and for other purposes.
HB 609. By Representatives Cummings of the 19th and Smith of the 110th:
A BILL to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide that a member with at least five years of membership service shall be vested for a benefit; and for other purposes.
HB 1103. By Representatives Royal of the 140th, Coleman of the 118th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide for notification of impending expiration of covenants regarding such property; and for other purposes.
HB 1141. By Representatives Childers of the 13th, Post 1, Graves of the 106th, Parrish of the 102nd, Hembree of the 46th, Henson of the 55th and others:
A BILL to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to revise certain definitions; to revise certain provisions relating to acts which constitute the practice of dentistry; to revise certain provisions relating to conscious

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sedation; to provide for an additional means to receive a license to practice dentistry; and for other purposes.
HB 1174. By Representatives Sims of the 130th, Boggs of the 145th and Stokes of the 72nd:
A BILL to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to change the provisions relating to retailers, retail brokers, and installers of manufactured and mobile homes; and for other purposes.
HB 1184. By Representatives Borders of the 142nd, Royal of the 140th, Buck of the 112th, Shaw of the 143rd and Black of the 144th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; and for other purposes.
HB 1245. By Representative Skipper of the 116th:
A BILL to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; and for other purposes.
HB 1246. By Representatives Skipper of the 116th and Cummings of the 19th:
A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; and for other purposes.
HB 1247. By Representatives Skipper of the 116th, Greene of the 134th and Powell of the 23rd:

WEDNESDAY, APRIL 7, 2004

3489

A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; and for other purposes.
HB 1278. By Representatives Channell of the 77th, Watson of the 60th, Post 2, Teilhet of the 34th, Post 2, Bannister of the 70th, Post 1, Maddox of the 59th, Post 2 and others:
A BILL to amend Code Section 34-9-226 of the Official Code of Georgia Annotated, relating to the appointment of a guardian for a minor or incompetent claimant entitled to workers' compensation benefits, so as to provide that such a guardian may be appointed by a court other that the probate court; and for other purposes.
HB 1282. By Representatives Epps of the 90th and Crawford of the 91st:
A BILL to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to provide for definitions; to change provisions relating to licensure of manufacturers, importers, and distributors; to provide for penalties related to counterfeit cigarettes; and for other purposes.
HB 1311. By Representative Powell of the 23rd:
A BILL to amend Code Section 43-40-25 of the Official Code of Georgia Annotated, relating to violations of provisions relating to licensure of real estate brokers, associate brokers, and salespersons and unfair trade practices, so as to provide that the conducting of a real estate closing by a licensee who is not an attorney at law constitutes an unfair trade practice; and for other purposes.
HB 1322. By Representatives Fleming of the 79th, Bordeaux of the 125th, Oliver of the 56th, Post 2, Burmeister of the 96th, Douglas of the 73rd and others:
A BILL to amend Code Section 15-11-103 of the Official Code of Georgia Annotated, relating to the placement of a child following a termination order, custodial authority, and review of placement, so as to change the time limit requirements for the review of an adoption petition; and for other purposes.
HB 1444. By Representatives Borders of the 142nd, Orrock of the 51st, Porter of the 119th, Westmoreland of the 86th, Williams of the 4th and others:

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A BILL to amend Code Section 48-7-127 of the Official Code of Georgia Annotated, relating to tax penalties, so as to provide that it shall be illegal for any person knowingly to coerce, induce, or threaten an individual falsely to declare himself or herself to be an independent contractor or falsely to claim that an individual employed by such person is an independent contractor in order to avoid or evade the withholding and payment of taxes; and for other purposes.
HB 1450. By Representatives Bordeaux of the 125th, Campbell of the 39th, Stokes of the 72nd and Fleming of the 79th:
A BILL to amend Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to add certain provisions relating to judicial proceedings in the event of a natural disaster, civil disturbance, or other emergency situation that will interfere with a citizen's litigant's, state official's, or other person's ability to comply with court deadlines; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for a judicial official's ability to declare an emergency under certain circumstances; and for other purposes.
HB 1456. By Representative Greene of the 134th:
A BILL to amend Code Section 15-21-2 of the Official Code of Georgia Annotated, relating to payment into the county treasury of fines and forfeitures, so as to change the distribution of fines in certain cases; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain provisions relating to aggravated assault; to change certain provisions relating to penalties for various theft offenses under Code Sections 16-8-2 through 16-8-9; and for other purposes.
HB 1565. By Representatives Lunsford of the 85th, Post 2, Howell of the 92nd and Yates of the 85th, Post 1:
A BILL to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to the disposition of municipal property generally, so as to provide that the General Assembly may by local Act authorize a municipal corporation to lease muncipal 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 1579. By Representatives Oliver of the 56th, Post 2, Watson of the 60th, Post 2, Bannister of the 70th, Post 1, Stephens of the 123rd, Smith of the 13th, Post 2 and others:

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A BILL to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to provide that the Subsequent Injury Trust Fund shall not reimburse a selfinsured employer or an insurer for a subsequent injury for which a claim is made after June 30, 2004; to provide that the fund shall continue to reimburse self-insured employers and insurers for claims made prior to July 1, 2004; to provide for dissolution of the fund; and for other purposes.
HB 1598. By Representatives Dodson of the 84th, Post 1, Skipper of the 116th and Barnes of the 84th, Post 2:
A BILL to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, so as to provide that counties and municipalities that require permits for the installation, replacement, or improvement of heating, ventilation, air conditioning, plumbing, or electrical systems in a building or structure shall permit applicants to apply for such permits by mail or through certain electronic media and shall provide for certain alternative means of paying any fees associated with the issuance of such permits; and for other purposes.
HB 1698. By Representatives Graves of the 10th, Ashe of the 42nd, Post 2, Coleman of the 65th, Reece of the 11th, Casas of the 68th and others:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to require providers of in-service or continuing education for teachers and other professional personnel to offer such in-service or continuing education online; to provide for treatment by the Professional Standards Commission; and for other purposes.
HB 1702. By Representative Jenkins of the 93rd:
A BILL to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for pardons and paroles, so as to provide for the State Board of Pardons and Paroles to confer police powers on their employees under certain circumstances; to allow certain employees to assist law enforcement or correctional officers under certain circumstances; and for other purposes.
HB 1744. By Representatives Graves of the 106th and Royal of the 140th:

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A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to certain sales to or by nonprofit organizations engaged primarily in providing child services; and for other purposes.
HB 1793. By Representative Childers of the 13th, Post 1:
A BILL to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to provide for limiting liability of free health clinics; to provide for definitions; to provide for applicability; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the House:
HR 1343. By Representatives Coan of the 67th, Post 1, Westmoreland of the 86th, Brooks of the 47th, Moraitakis of the 42nd, Post 4, Jamieson of the 22nd and others:
A RESOLUTION rescinding, repealing, canceling, voiding, nullifying, and superseding any and all prior applications by the General Assembly heretofore made during any session thereof to the Congress of the United States of America to call a convention pursuant to the terms of Article V of the United States Constitution for proposing one or more amendments to that Constitution and urging the legislatures of other states to do the same; and for other purposes.
HR 1402. By Representative Lane of the 101st:
A RESOLUTION ratifying a change of regional development center boundaries established by the Board of Community Affairs; and for other purposes.
The Senate has agreed to the House amendment to the Senate amendment # 1 to the following bill of the House:
HB 1632. By Representatives Butler of the 88th, Post 1, Oliver of the 56th, Post 2, Bordeaux of the 125th, Stokes of the 72nd, Harper of the 88th, Post 2 and others:
A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for certain

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matters relating to a child under circumstances where one parent has been convicted of the murder of the child's other parent; to amend certain provisions relating to reunification; to amend certain provisions relating to grounds for termination of parental rights; and for other purposes.
The Senate insists on its substitutes to the following bills of the House:
HB 1136. By Representatives Lunsford of the 85th, Post 2, Royal of the 140th, Westmoreland of the 86th, Graves of the 10th, Yates of the 85th, Post 1 and others:
A BILL to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; and for other purposes.
HB 1325. By Representatives McBee of the 74th, Purcell of the 122nd, Greene of the 134th, Holmes of the 48th, Post 1 and Cummings of the 19th:
A BILL to amend Chapters 2 and 3 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education and to postsecondary education, respectively, so as to change the reporting system and method for determining eligibility for HOPE scholarships, other scholarships, grants, or loan assistance, and certain postsecondary courses and advanced placement courses for students graduating from high school in 2007 and thereafter; and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 469. By Senators Dean of the 31st, Jackson of the 50th, Butler of the 55th and Hooks of the 14th:
A BILL to be entitled an Act to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to provide the court with an additional punishment tool for the offenses of child molestation and aggravated child molestation; to provide for the Department of Corrections authority over the defendant; to provide for fees related to monitoring; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate recedes from its disagreement to the House amendment to the Senate Substitute to the following bill of the House:

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HB 1652. By Representatives Orrock of the 51st, Sinkfield of the 50th, Dean of the 49th, Holmes of the 48th, Post 1, Teper of the 42nd, Post 1 and others:
A BILL to create the Metropolitan Commission on Homelessness; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the commission; to provide for the membership of the commission; to provide for the organization and meetings of the commission; to provide the purposes for which the commission is created; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 1359. By Representatives Thomas Morgan of the 33rd, Post 2, Dean of the 49th, Wix of the 33rd, Post 1 and Powell of the 23rd:
A BILL to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to provide that a barber shop may employ apprentice barbers, each of whom must be under the supervision of a separate master barber; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 482. By Representatives Lunsford of the 85th, Post 2, Watson of the 60th, Post 2, Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Yates of the 85th, Post 1 and others:
A BILL to provide for a homestead exemption from certain Henry County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.
HB 1736. By Representatives Wix of the 33rd, Post 1, Ehrhart of the 28th, Cooper of the 30th, Parsons of the 29th, Stoner of the 34th, Post 1 and others:
A BILL to amend an act creating the Board of Commissioners of Cobb County, so as to change the provisions relating to the compensation of the chairperson and the other commissioners of the board; and for other purposes.
HB 1811. By Representatives Morris of the 120th, Parrish of the 102nd, DeLoach of the 127th, Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:

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A BILL to create the Candler County Public Building Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; and for other purposes.
HB 1815. By Representatives Rogers of the 15th, Hill of the 16th, Lewis of the 12th, Murphy of the 14th, Post 2, Knox of the 14th, Post 1 and others:
A BILL to amend an Act reincorporating and re-creating the City of Woodstock, so as to change the corporate limits of the city; and for other purposes.
HB 1820. By Representatives Harbin of the 80th and Fleming of the 79th:
A BILL to provide that certain officials of Columbia County who have served at least 15 years in office may, upon leaving office, continue to participate in the county health insurance program by paying the total cost of such participation; and for other purposes.
HB 1827. By Representatives Jones of the 38th, Murphy of the 14th, Post 2 and Knox of the 14th, Post 1:
A BILL to amend an Act creating the Board of Commissioners of Forsyth County, so as to change provisions relating to the compensation and expenses payable to the board of commissioners; to provide that such compensation and expenses may be established by the board under the procedures established by general law; and for other purposes.
HB 1833. By Representatives Jenkins of the 93rd, Crawford of the 91st and Howell of the 92nd:
A BILL to amend an Act creating the Lamar County Livestock and Agricultural exposition Authority, so as to change the provisions relating to the membership of the authority; and for other purposes.
The Senate recedes from its substitute to the following bill of the House:
HB 1823. By Representatives Martin of the 37th, Burkhalter of the 36th, Jones of the 38th and Campbell of the 39th:
A BILL to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, so as to change the provisions

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relating to the compensation of the mayor and councilmembers; to provide for a referendum; to provide a contingent effective date; and for other purposes.
The Senate insists on its substitute to the following bill of the House:
HB 1095. By Representative Harbin of the 80th:
A BILL to amend Code Section 27-4-33 of the Official Code of Georgia Annotated, relating to spearing of fish, so as to authorize the taking of certain fish by spearing in certain waters of the state; and for other purposes.
The Senate has disagreed to the House substitute to the following bill of the Senate:
SB 514. By Senators Cagle of the 49th, Starr of the 44th and Lee of the 29th:
A BILL to be entitled an Act to amend Code Section 50-17-23 of the Official Code of Georgia Annotated, relating to general obligation and guaranteed revenue debts, so as to authorize the issuance of general obligation bonds bearing interest at variable rates; to provide for procedures, conditions, and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has disagreed to the House amendment to the Senate amendment to the following bill of the House:
HB 923. By Representatives Heard of the 75th and McBee of the 74th:
A BILL to amend Article 4 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable under the Georgia Judicial Retirement System, so as to provide that a member of such retirement system who is a vested member in a local retirement system and who has not withdrawn his or her contributions shall be entitled to have all of the employer and employee contributions paid by or on behalf of such member transferred to the Georgia Judicial Retirement System; and for other purposes.
The Senate has agreed to the House substitute to the following bills of the Senate:
SB 179. By Senators Thomas of the 54th, Unterman of the 45th, Mullis of the 53rd, Smith of the 52nd, Balfour of the 9th and others:
A BILL to be entitled an Act to enact the "Patient Safe Prescription Drug Act"; to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for

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electronic prescription drug orders; to define certain terms; to require electronic prescription drug orders to meet certain requirements; to prohibit access to electronic prescription drug orders from the time of transmission until receipt by the designated pharmacy; to prohibit certain restrictions of practitioners; to prohibit a patients choice of retail pharmacy; to provide for an exemption for institutions using electronic medical record systems; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 184. By Senators Mullis of the 53rd, Hamrick of the 30th, Bowen of the 13th, Smith of the 52nd, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to provide for additional offenses constituting the crimes of arson in the first, second, and third degree; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
SB 243. By Senators Smith of the 52nd, Mullis of the 53rd, Bowen of the 13th, Tolleson of the 18th, Kemp of the 46th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide that the Georgia Emergency Management Agency shall establish and maintain a standardized, verifiable, performance-based unified incident command system; to provide for the development of and instruction in such command system; to provide for the implementation of such command system; to provide penalties for local agencies that do not establish such command system by December 31, 2004; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 263. By Senators Thomas of the 2nd, Squires of the 5th, Dean of the 31st and Thomas of the 54th:
A BILL to be entitled an Act to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide for reports and registration of legitimations, paternity orders, guardianships, and amendments and dissolutions of guardianships; to provide for duties of courts, the Office of State Administrative Hearings, petitioners, clerks of courts, and the state registrar; to provide for establishing a new certificate of birth in the case of legitimations and paternity orders; to provide an effective date; to repeal conflicting laws; and for other purposes.

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SB 337. By Senators Hamrick of the 30th and Williams of the 19th:
A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of a state court of record, so as to provide for a statute of limitations for bringing such actions; to designate where a petition must be filed when the petitioner is being held by federal or other authorities; to provide for service; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 357. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," so as to redefine a term; to repeal conflicting laws; and for other purposes.
SB 393. By Senators Johnson of the 1st, Harp of the 16th, Cagle of the 49th and Tolleson of the 18th:
A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for certain time extensions with respect to ad valorem taxation for certain members of the armed forces of the United States; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 403. By Senators Cheeks of the 23rd, Brush of the 24th and Hall of the 22nd:
A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Self-service Storage Facility Act," so as to change a certain definition; to provide that the owner of a self-service storage facility shall not be a bailee; to provide for presumed delivery of notice; to repeal conflicting laws; and for other purposes.
SB 427. By Senators Hamrick of the 30th, Meyer von Bremen of the 12th and Lee of the 29th:
A BILL to be entitled an Act to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, and Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to change a member on the Criminal Justice Coordinating Council from the chairperson of the Georgia Organized Crime Prevention Council to the director of homeland security; to discontinue the

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Organized Crime Prevention Council; to provide provisions for certain insurance for law enforcement personnel while on temporary assignment or loan to other law enforcement agencies for criminal investigative purposes; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 436. By Senators Williams of the 19th and Hill of the 4th:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to create the Agricultural Water Conservation Incentive Program; to provide for a purpose and participation; to provide for priorities; to provide a noninclusive list of projects acceptable for assistance; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 453. By Senators Hamrick of the 30th, Smith of the 52nd and Cagle of the 49th:
A BILL to be entitled an Act to amend Code Section 48-5-48.1 of the Official Code of Georgia Annotated, relating to procedures applicable to the freeport personal property inventory exemption, so as to provide for renewal notices; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendments to the following bill of the Senate:
SB 426. By Senators Tolleson of the 18th, Hamrick of the 30th and Kemp of the 46th:
A BILL to be entitled an Act to amend Code Section 35-8-8 of the Official Code of Georgia Annotated, relating to requirements for appointment or certification of persons as peace officers, so as to change a provision relating to fingerprint based criminal record investigation; to provide for requirements for preservice admittance to a basic training course; to repeal conflicting laws; and for other purposes.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:

HR 1652. By Representatives Smith of the 87th, Westmoreland of the 86th, Brown of the 89th, Harper of the 88th, Post 2 and Butler of the 88th, Post 1:
A RESOLUTION honoring James M. "Jim" Lyle and inviting him to appear before the House of Representatives; and for other purposes.

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HR 1763. By Representative Hill of the 147th:
A RESOLUTION recognizing Darlene Wise Green and her valuable contributions to Young People on the Move, Inc. and inviting her to appear before the House of Representatives; and for other purposes.

HR 1775. By Representative Roberts of the 135th:
A RESOLUTION honoring the Atlanta Braves, commending the Atlanta Braves Foundation, and inviting Mr. Steve Smith and other members of the Atlanta Braves organization to appear before the House of Representatives; and for other purposes.

HR 1871. By Representative Hill of the 147th:
A RESOLUTION commending Mr. Meredith Hill and recognizing and saluting his World War II service and inviting him to appear before the House of Representatives; and for other purposes.

By unanimous consent, the House reconsidered its action on the previous legislative day in agreeing to the Senate amendments to the following Bill of the House:
HB 1192. By Representatives Boggs of the 145th and Snow of the 1st:
A BILL to amend Article 5 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation nomenclature, so as to change and add definitions; to change provisions relating to permission required for use of the Georgia Bureau of Investigation's nomenclature; and for other purposes.
By unanimous consent, Senate Amendment #2 (AM 34 0019) was withdrawn.

Representative Purcell of the 122nd arose to a point of personal privilege and addressed the House.

Representative Brooks of the 47th arose to a point of personal privilege and addressed the House.

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Representative Day of the 126th arose to a point of personal privilege and addressed the House.

Representative Williams of the 61st, Post 2 arose to a point of personal privilege and addressed the House.

Representative Coan of the 67th, Post 1 arose to a point of personal privilege and addressed the House.

The following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
SB 513. By Senators Balfour of the 9th, Price of the 56th, Hamrick of the 30th, Hall of the 22nd, Kemp of the 46th and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for the revision of provisions regarding the sale or dispensing of contact lenses; to provide that contact lenses may be sold or dispensed in this state only by licensed providers; to provide for violations and for civil and criminal enforcement; to change provisions relating to the duties and obligations of contact lens prescribers; to change certain provisions relating to prescriptions; to provide for conformity with federal law; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson
Ashe Bannister Y Barnard Y Barnes Beasley-Teague Benfield Y Birdsong Y Black

Y Day Dean
Y Deloach Dix
Y Dodson Y Dollar Y Dooley Y Douglas E Drenner
Dukes

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard
Howell Y Hudson Y Hugley Y Jackson

Y Mitchell Y Mobley Y Moraitakis
Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B

Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B
Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre

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Y Boggs Y Bordeaux
Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell
Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Ehrhart Y Elrod Y Epps Y Fleming
Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Y Hanner E Harbin Y Harper
Harrell Y Heard, J Y Heard, K
Heath E Heckstall Y Hembree E Henson
Hill, C

Y James Y Jamieson
Jenkins, C Y Jenkins, C.F
Jones Y Jordan
Joyce Y Keen Y Knox
Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar E Mills

Y Oliver, M Y O'Neal
Orrock Parham Y Parrish Y Parsons Y Porter Powell Y Purcell Y Ralston Y Randall Y Ray Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Sailor Y Scott Y Shaw Y Sheldon

Y Snow Stanley-Turner
Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan
Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland 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, the ayes were 138, nays 1. The Bill, having received the requisite constitutional majority, was passed.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 1766. By Representatives James of the 114th, Ray of the 108th, Williams of the 128th, Mosley of the 129th, Post 1, Black of the 144th and others:
A BILL to create the Aquaculture Division within the Department of Agriculture and provide for its powers and duties; to create the Aquaculture Development Advisory Council and provide for its powers and duties; to amend reserved Chapter 15 of Title 2 of the Official Code of Georgia Annotated, so as to strike the reserved designation; to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated; to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated; to amend Title 2 of the Official Code of Georgia Annotated; to amend Article 10 of Chapter 2 of

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Title 26 of the Official Code of Georgia Annotated; to amend Title 27 of the Official Code of Georgia Annotated; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Agricultural Commodities Commission for Beef and provide for its members, powers, duties, and procedures; to define certain terms; to provide for marketing orders and assessments related thereto; to provide penalties for violations; to provide for enforcement; to strike the reserved designation of Chapter 15; to provide for aquaculture development; to provide a short title; to define certain terms; to create the Aquaculture Development Advisory Council and provide for its membership, powers, and duties; to regulate aquaculture of pacific white shrimp; to provide for registration; to provide for rules and regulations; to provide for enforcement; to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to definitions relative to said title; to change certain provisions relating to permits for liberation of wildlife or liberation of domestic fish; to change certain provisions relating to sale of fish by commercial fish hatcheries, sale of game fish, bill of sale or lading for possession of certain game fish and domestic fish, and sale of diseased fish; to change certain provisions relating to licensing of wholesale and retail fish dealers and sale, transportation into state, or possession of live fish and fish eggs; to provide effective dates; to provide for a contingent repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended in Chapter 8, relating to agricultural commodities promotion, by adding a new article to read as follows:
"ARTICLE 4 2-8-90. This article shall apply only to the Agricultural Commodity Commission for Beef.
2-8-91. As used in this article, the term:

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(1) 'Advertising and sales promotion' means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the normal flow of beef to market and may include the presentation of facts to and negotiations with state, federal, or foreign governmental agencies on matters which affect the marketing of beef included in any marketing order made effective pursuant to this article. (2) 'Beef' means flesh of cattle and beef products. (3) 'Beef products' means edible products produced in whole or in part from beef, excluding milk and products made therefrom. (4) 'Cattle' means live domesticated bovine animals, regardless of age. (5) 'Commission' means the Agricultural Commodity Commission for Beef created under this article. (6) 'Market agent' means any person who sells, offers for sale, markets, distributes, trades, or processes cattle that have been purchased or acquired from a producer or that are marketed on behalf of a producer or any meat packing firm or its agent that purchases or consigns to purchase cattle. (7) 'Marketing order' means an order issued pursuant to this article prescribing rules and regulations governing producer marketing or the processing, distributing, or handling in any manner of cattle or beef within this state or establishing an assessment for financing the programs established under this article. (8) 'Person' means an individual, firm, corporation, association, or any other business unit or any combination thereof and includes any state agency which engages in any of the commercial activities regulated pursuant to this article. (9) 'Producer' means any person who owns or acquires ownership of cattle, except that a person shall not be considered to be a producer if the persons only share in the proceeds of a sale of cattle or beef is a sales commission, handling fee, or other service fee. (10) 'Producer marketing' or 'marketed by producers' means any or all operations performed by any producer in preparing for market and includes selling, delivering, or disposing of, for commercial purposes, cattle which he or she has produced to any market agent as defined in this Code section. (11) 'Retailer' means any person who purchases or acquires beef for resale at retail to the general public for consumption off the premises; however, such person shall also be included within the definition of 'market agent,' as set forth in this Code section, to the extent that he or she engages in the business of a market agent as defined in this Code section.
2-8-92. (a) The Agricultural Commodity Commission for Beef shall be composed of 11 members as follows:
(1) Six members who shall be producers actively engaged in the beef cattle business; (2) Three members who shall own or have significant interest in a business actively engaged in the marketing of cattle; and

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(3) Two members who shall be producers actively engaged in the dairy cattle business. The initial members of the commission shall be appointed by a committee consisting of the Commissioner, the chairperson of the House of Representatives Committee on Agriculture and Consumer Affairs, and the chairperson of the Senate Agriculture and Consumer Affairs Committee. Prior to making such appointments, the committee shall seek significant input from members of the cattle industry. (b)(1) Initial appointments of those members described in paragraph (1) of subsection (a) of this Code section shall be made for two members for a term of two years each from the effective date of this article and until their successors are elected and qualified, two members for a term of three years each from the effective date of this article and until their successors are elected and qualified, and two members for a term of four years each from the effective date of this article and until their successors are elected and qualified. Thereafter, successors shall be elected for a term of three years each and until their successors are elected and qualified. (2) Initial appointments of those members described in paragraph (2) of subsection (a) of this Code section shall be made for one member for a term of two years from the effective date of this article and until a successor is elected and qualified, one member for a term of three years from the effective date of this article and until a successor is elected and qualified, and one member for a term of four years from the effective date of this article and until a successor is elected and qualified. Thereafter, successors shall be elected for a term of three years each and until their successors are elected and qualified. (3) Initial appointments of those members described in paragraph (3) of subsection (a) of this Code section shall be made for one member for a term of three years from the effective date of this article and until a successor is elected and qualified and one member for a term of four years from the effective date of this article and until a successor is elected and qualified. Thereafter, successors shall be elected for a term of three years each and until their successors are elected and qualified. (4) Any successor shall be elected by a plurality of valid votes cast by producers in an election for such office which shall be conducted by the commission. Any producer of record with the commission shall be eligible to vote in any such election, but candidates must meet the qualification specified in paragraph (1), (2), or (3) of subsection (a) of this Code section, as applicable, for the office for which the election is conducted. The commission shall by rules and regulations provide procedures for registering qualified candidates and conducting elections. Notice of elections and qualifying periods shall be provided in the same manner as specified for hearings under paragraph (2) of subsection (b) of Code Section 2-8-100. (c) Vacancies in the offices of members shall be filled by appointment, in like manner as the appointment of initial members, for the unexpired term. Any member shall be eligible to succeed himself or herself.

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(d) The members of the commission shall receive compensation and reimbursement of expenses as shall be provided by the commission, and such funds shall be payable from the funds of the commission. (e) It shall be the duty of the Commissioner to certify to the Secretary of State the membership of the commission and each change in membership as the same occurs.
2-8-93. (a) The commission is authorized to appoint advisory boards, special committees, and individuals, including technical and clerical personnel, to advise, aid, and assist the commission in the performance of its duties. Compensation for such services shall be fixed by the commission and may be paid from the funds of the commission. The Attorney General shall represent the commission in legal matters and shall be the attorney for the commission. If the Attorney General determines that outside legal counsel is necessary or desirable in connection with any legal matter of the commission, he or she shall so inform the commission and, upon approval of the commission, he or she shall employ such outside counsel. Compensation for such outside counsel shall be agreed upon between such counsel and the Attorney General, subject to the approval of the commission. Such compensation shall be paid from the funds of the commission. Neither Code Section 16-10-9 nor any other law shall prohibit or be applicable to the employment of such counsel. (b) The commission is authorized to accept donations, gifts, and other property and to use the same for commission purposes. The commission may exercise the powers and authority conferred by law upon corporations. (c) The commission shall continue as a public corporation and instrumentality of the State of Georgia until abolished by law or until terminated by referendum. (d) The commission is authorized to acquire, lease as lessee, purchase, hold, own, and use any franchise or real or personal property, whether tangible or intangible, or any interest therein and, whenever the same is no longer required for purposes of the commission, to sell, lease as lessor, transfer, or dispose thereof or to exchange the same for other property or rights which are useful for its purposes.
2-8-94. The commission shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, the commission may contract and be contracted with, implead and be impleaded, and complain and defend in all courts. The commission shall name its chairperson and determine a quorum for the transaction of business. The commission shall assume the duties and exercise the authority provided in this article without further formality than that provided in this article. Each member of the commission shall be a public officer and shall take an oath of office faithfully to perform his or her duties. Such oath shall be administered by the Governor or some other person qualified to administer oaths. The fact of a members election shall be certified to the Secretary of State, who shall issue the appropriate commission under the seal of his or her office.

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2-8-95. The commission is authorized and it shall be its duty to receive, collect, and disburse the funds of the commission.
2-8-96. Funds received by the commission under this article shall be held in trust for the commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as the funds of this state but shall not be required to be deposited in the state treasury and appropriated therefrom as are other state funds. It is the express intent and purpose of this article to authorize the receipt, collection, and disbursement by the commission of such funds as trust funds of the commission without complying with the requirement applicable to funds collected for the use and benefit of the state.
2-8-97. Any persons who handle funds under this article shall be bonded with good and sufficient surety in an amount determined by the commission for the accounting of any and all funds coming into their hands. All checks, drafts, and negotiable instruments which are drawn on or payable from the funds of the Agricultural Commodity Commission for Beef shall be signed by either the chairperson or treasurer of the commission. It shall be the duty of the commission to elect annually a treasurer from among the membership of the commission. The treasurer shall have such powers and perform such duties as shall be provided by the commission.
2-8-98. The members and employees of the commission shall not be held responsible individually in any way whatsoever to any producer, market agent, or any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of the commission. The liability of the members of the commission shall be several and not joint and no member shall be liable for the default of any other member.
2-8-99. The commission is authorized to confer with and to make any information obtained pursuant to this article available to the duly constituted governmental authorities of this state, of other states, of political subdivisions of this state or other states, and of the United States who, by reason of their duties, have legitimate concern with the subject and to cooperate with all such authorities for the purpose of obtaining administrative uniformity and achieving the objectives of this article.
2-8-100. (a) The commission is authorized to issue, administer, and enforce the provisions of

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marketing orders. (b)(1) Whenever the commission has reason to believe that the issuance of a marketing order or amendments to an existing marketing order will tend to effectuate the declared policy of this chapter with respect to beef, it shall, either upon its own motion or upon the application of any producer or any organization of such persons, give due notice of and an opportunity for a public hearing upon a proposed marketing order or amendments to an existing marketing order. (2) Notice of any hearing called for such purpose shall be given by the commission by publishing a notice of such hearing for a period of not less than five days in a newspaper of general circulation published in the capital of the state and in such other newspapers as the commission may prescribe. No such public hearing shall be held prior to five days after the last day of such period of publication. The commission shall also mail a copy of such notice of hearing and a copy of such proposed marketing order or proposed amendments to all producers whose names and addresses appear upon lists of such persons on file with the commission and who may be directly affected by the provisions of such proposed marketing order or such proposed amendments. Such notice of hearing shall in all respects comply with the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (3) The hearing shall be public and all testimony shall be received under oath. A full and complete record of the proceedings at such hearing shall be made and maintained on file in the office of the commission. The hearing shall, in all respects, be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing may be conducted by the commission or by a member of the commission, as may be designated by the commission in each instance, but no decision shall be made based on hearings conducted other than by the commission itself, at which a majority of the members thereof are present, until the members of the commission have been afforded an opportunity to review the hearing record. Where the commission conducts hearings, its recommendation shall be based on the findings reached after a review of the record of the hearing. (c)(1) In order to provide the commission with accurate and reliable information with respect to the persons who may be directly affected by any proposed marketing order for beef when such information is not then on file with the commission, the commission is authorized and directed, whenever the commission has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this chapter or upon receipt of a written application for a hearing pursuant to subsection (b) of this Code section, to notify all market agents, by publication of a notice as required in paragraph (2) of this subsection, to file with the commission within ten days from the last date of such publication a report, properly certified, showing: (A) The correct name and address of such market agent; (B) The quantities of cattle affected by the proposed marketing order handled by such market agent in the calendar year next preceding the filing of such report;

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(C) The correct names and addresses of all producers who may be directly affected by such proposed marketing order, from whom such market agent received cattle in the calendar year next preceding the filing of such report; and (D) The quantities of cattle received by such market agent from each such producer in the calendar year next preceding the filing of such report. (2) The notice to market agents requiring them to file a report shall be published by the commission for a period of not less than five days in a newspaper of general circulation published in the capital of the state and in such other newspaper or newspapers as the commission may prescribe. The commission shall also mail a copy of such notice to all market agents whose names and addresses appear upon the lists on file with the commission who may be directly affected by such proposed marketing order. (3) Each market agent directly affected by a proposed marketing order shall file his or her verified report with the commission within the time specified in paragraph (1) of this subsection. Failure or refusal of any market agent to file such report shall not invalidate any proceeding taken or marketing order issued. The commission is authorized and directed to proceed upon the basis of such information and reports as may otherwise be available. (4) From the reports so filed and the information so received or available to the commission, including any proper corrections, the commission shall prepare a list of the names and addresses of such producers and the quantities of cattle produced or marketed by all such producers and a list of the names and addresses of such market agents and the quantities of cattle handled by all such market agents, directly affected by such proposed marketing order or amendments thereto, in the preceding calendar year. Such lists shall constitute complete and conclusive lists for use in any finding made by the commission pursuant to subsection (a) of Code Section 2-8-102 and such findings shall be conclusive. (5) The information contained in the individual reports of market agents filed with the commission pursuant to this Code section shall not be made public in such form. The information contained in such reports may be prepared in combined form for use by the commission, its agents, or other interested persons in the formulation, administration, and enforcement of a marketing order or may be made available pursuant to court order. Such information shall not be made available to anyone for private purposes.
2-8-101. If, upon the basis of the record of testimony and documentary evidence received at the hearing provided for in Code Section 2-8-100 and the facts officially noticed therein from official publications or institutions of recognized standing, the commission determines that the issuance of a marketing order or an amendment will tend to effectuate the intent and purpose of this article, it may recommend the promulgation of a marketing order or amendment with respect to the matters specified in the hearing

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notice and supported by the record, containing any or all of the following provisions, but no others:
(1) Provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new or larger markets for cattle raised or marketed in this state or for the prevention, modification, or removal of trade barriers which obstruct the normal flow of beef to market. The commission is authorized to prepare, issue, administer, and enforce plans for promoting the sale of beef, provided that any such plan shall be directed toward promoting and increasing the sale, use, and utilization of beef without reference to a particular brand or trade name; and provided, further, that no advertising or sales promotion program shall be issued by the commission which makes use of false or unwarranted claims in behalf of any such product or disparages the quality, value, sale, or use of any other agricultural commodity; (2) Provisions prohibiting unfair trade practices by which any producer or market agent tends toward establishment of monopoly, unfairly discriminates among customers as to price or quality, or engages in fraudulent, deceptive, or misleading representations, concealment, or other similar sharp business practices which are harmful to his, her, or its customers, injurious to competitors, likely to bring into disrepute persons generally engaged in production and handling of beef, or detrimental to the intent and purpose of this article; (3) Provisions for carrying on research studies in promoting the production, marketing, sale, use and utilization, processing, and improvement of cattle or beef or any combination thereof and for the expenditure of moneys for such purposes. In any research carried on under this paragraph, the commission shall seek the cooperation of the dean of the College of Agricultural and Environmental Sciences of the University of Georgia in selecting the research project or projects to be carried on from time to time. Insofar as practicable, the commission shall seek to have such projects carried out by the College of Agricultural and Environmental Sciences but, if the dean of the college determines that the college has no facilities for a particular project or if the commission determines that some other research agency has better facilities therefor, the project may be carried out by other research agencies selected by the commission; and (4) Provisions establishing or providing authority for establishing, either as cattle are produced or delivered by producers to market agents or as cattle or beef is handled or otherwise prepared for market or as cattle or beef is marketed by producers or market agents, an educational program designed to acquaint producers, market agents, or other interested persons with quality improvement, including sanitation practices, procedures, or methods as applied to cattle or beef.
2-8-102. (a)(1) Except as otherwise provided by subsection (i) of this Code section, no marketing order or major amendment thereto, directly affecting producers or producer marketing, issued pursuant to this article shall be made effective by the

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commission unless the commission finds that such marketing order or amendment thereto has been approved or favored in a referendum among producers directly affected by a majority of the valid votes cast in such referendum and the total number of valid votes cast represents not less than 25 percent of the total number of producers of record with the commission. (2) If the commission determines that a referendum shall be had, the commission shall establish a referendum period of 30 days. At the close of such referendum period, the commission shall count and tabulate the ballots filed during such period. If from such tabulation the commission finds that the number of producers voting in favor of such marketing order or amendment thereto is a majority of those casting valid votes and the total number of valid votes cast represents not less than 25 percent of the total number of producers of record with the commission, the commission may make such marketing order or amendment thereto effective. The commission is authorized to prescribe such additional procedures as may be necessary to conduct such referendum. (3) In the event of the failure of any proposed marketing order to be approved, no additional referendum thereon shall be held during a period of 12 months from the date of the close of the previous referendum period. (b)(1) Upon the recommendation of a majority of the members of the commission, the commission may make effective minor amendments to a marketing order. The commission may require a public hearing upon minor amendments if in its opinion the substance of such minor amendments so warrants. The commission, however, shall not be required to submit minor amendments for referendum approval. (2) In making effective major amendments to a marketing order, the commission shall follow the same procedures prescribed in this article for the institution of a marketing order. For the purpose of this article, a major amendment to a marketing order shall include, but shall not be limited to, any amendment which adds to or deletes from any such marketing order any of the following types of regulations or authorizations: (A) Authority for the establishment of plans for advertising and sales promotion of cattle or beef; (B) Authority to prohibit unfair trade practices; (C) Authority for carrying out research studies in the production, processing, or distribution of cattle or beef; (D) Authority to increase an assessment rate beyond the maximum rate authorized by the marketing order in effect; or (E) Authority to extend the application of the provisions of any marketing order to portions or uses of cattle or beef not previously subject to such provisions or to restrict or extend the application of such provisions upon the producers or market agents of such portions or uses of such cattle or beef. (3) Modification of any provisions of any marketing order in effect, for the purpose of clarifying the meaning or application of such provisions or of modifying

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administrative procedures for carrying out such provisions, are declared not to be a major amendment of such marketing order. (c) Upon the issuance of any order making effective a marketing order or any suspension, amendment, or termination thereof, a notice thereof shall be posted on a public bulletin board maintained at the offices of the commission; and a copy of such notice shall be published as the commission may prescribe. No marketing order nor any suspension, amendment, or termination thereof shall become effective until the termination of a period of five days from the date of such posting and publication. It shall also be the duty of the commission to mail a copy of the notice of such issuance to all persons directly affected by the terms of such marketing order, suspension, amendment, or termination whose names and addresses are on file in the office of the commission and to every person who files in the office of the commission a written request for such notice. (d) The commission shall have the power, consistent with this article and in accordance with marketing orders and agreements made effective under this article, to establish such general rules and regulations for uniform application to all marketing orders issued under this article as may be necessary to facilitate the administration and enforcement of such marketing orders. The provisions of subsection (c) of this Code section relative to posting, publication, and time of taking effect shall be applicable to any such general rule or regulation established pursuant to this subsection and applicable to marketing orders generally. Such notice shall be furnished by the commission for each marketing order in active operation. (e) The commission shall have the power, consistent with this article, to establish administrative rules and regulations for each marketing order issued and made effective as may be necessary to facilitate the supervision, administration, and enforcement of each such order. The provisions of subsection (c) of this Code section relative to posting, publication, mailing of notice, and time of taking effect shall be applicable to any such administrative rules and regulations. (f) Unless extended as provided in this Code section, all marketing orders issued under the authority of this article shall expire, terminate, and become of no force and effect at the expiration of five years from the date of the issuance of the original marketing order or, if such marketing order has been extended, at the expiration of five years after the date of any such extension. (g) A marketing order shall be extended for a period of five years after the date of its original expiration only if extension of such marketing order has been approved or favored in a referendum among producers directly affected by at least 60 percent of the valid votes cast in such referendum and the total number of valid votes cast represents not less than 25 percent of the total number of producers of record with the commission. (h) If the commission determines that a referendum shall be held, the commission shall establish a referendum period of 30 days, such referendum period to terminate at least 30 days prior to the expiration date of the marketing order which is the subject of such referendum. At the close of such referendum period, the commission shall count and

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tabulate the ballots cast during such period. If from such tabulation the commission finds that the number of producers voting in favor of the extension of such marketing order is not less than 60 percent of the total number of valid ballots cast and the total number of valid ballots cast represents not less than 25 percent of the total number of producers of record with the commission, then such marketing order shall be extended for a period of five years after the expiration date; otherwise, the marketing order shall expire, terminate, and be of no force and effect as provided in subsection (f) of this Code section. (i) In lieu of the procedures provided by this Code section, the commission may elect to follow the procedures and requirements provided by Code Section 2-8-23 for purposes of making marketing orders or amendments or extensions thereof effective pursuant to referendum or assent.
2-8-103. Marketing orders issued by the commission under this article may be limited in their application by prescribing the marketing areas or portions of the state in which a particular order shall be effective, provided that no marketing order shall be issued by the commission unless it embraces all persons of a like class who are engaged in a specific and distinctive agricultural industry or trade within this state.
2-8-104. (a)(1) For the purpose of providing funds to defray the necessary expenses incurred by the commission in the formulation, issuance, administration, and enforcement of each marketing order issued under this article, each such marketing order shall provide for the levying and collection of assessments in sufficient amounts to defray such expenses. Each marketing order shall indicate the maximum rate of any such assessment which may be collected and the proportion, if any, payable by each producer and market agent directly regulated or affected by such marketing order. In administering such marketing order, the commission shall adopt, from time to time, budgets to cover necessary expenses and the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray the necessary expenses, it may approve such budget and rate of assessment and order that each producer and market agent so assessed shall pay to the commission, at such times and in such installments as the commission may prescribe, an assessment, based upon the units in which beef is marketed or upon any other uniform basis which the commission determines to be reasonable and equitable, but in amounts which (A) in the case of producers will not exceed 2 1/2 percent of the gross dollar volume of sales of the cattle affected by all such producers regulated by such marketing order, or (B) in the case of market agents will not exceed 2 1/2 percent of the gross dollar volume of purchases of cattle affected by the marketing order from producers or of the gross dollar volume of sales of cattle affected by the marketing order and handled by all

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such market agents regulated by such marketing order during the period during which such marketing order is effective. (2) No assessments levied and collected under this subsection shall be used in carrying out any advertising or sales promotion plans. (b)(1) Each marketing order which authorizes the carrying out of advertising and sales promotion plans shall provide for the levying and collection of assessments in sufficient amounts to defray the expenses of such activities. Each such marketing order shall indicate the maximum rate of any such assessment and the proportion, if any, payable by each producer and market agent directly regulated or affected by such marketing order. The commission shall adopt budgets to cover such expenses and establish the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray such expenses, it may approve such budget and approve and levy such assessment. Any assessments so established shall be based upon the units in which cattle are marketed or upon any other uniform basis which the commission determines to be proper and equitable. Any assessment rates established under this subsection shall be in amounts not to exceed 4 percent of the gross dollar volume of sales by all producers or by all market agents regulated by such marketing order during the period during which such marketing order is effective. (2) Assessments levied and collected under this subsection shall be the only assessments used in carrying out advertising or sales promotion plans for purposes of this article. (3) Any producer may at any time elect not to be subject to any assessment levied for purposes of this subsection, and any producer who has so elected in accordance with this paragraph shall be exempt from levy, not be assessed, and have no liability for assessment for purposes of this subsection. Any producer who has so elected may thereafter cancel such election at any time, in which event the producers exemption shall cease. Any such election or cancellation by a producer shall be submitted in writing to the commission, in such form and manner as specified by the Commissioner. (c) At no time shall the combined amount of assessments in effect pursuant to subsections (a) and (b) of this Code section exceed $1.00 per head of cattle. (d) In the event that the commission has reason to believe that the administration of a marketing order will be facilitated or the attainment of the purposes and objectives of the marketing order will be promoted thereby, the commission is authorized to borrow money, with or without interest, to carry out any provision of any marketing order authorized by this article and may hypothecate anticipated assessment collections applicable to such respective provisions. (e) In lieu of requiring advance deposits for defraying administrative or advertising and sales promotion expenses until such time as sufficient moneys are collected for such purposes from the payment of assessments established pursuant to this Code section, the commission is authorized to receive and disburse for such purposes contributions made by producers or market agents. The commission shall not be held responsible for

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the repayment of such contributions, provided that whenever collections from the payment of established assessments credited to the respective marketing order accounts are sufficient so to warrant, the commission shall repay contributions or shall authorize the application of such contributions to the assessment obligations of the persons who made such contributions.
(f)(1) Each and every market agent for which an assessment has been established by or pursuant to this article shall, at the time of purchasing or acquiring any such cattle from the producer thereof, collect from such producer the assessment established by or in accordance with this article and remit the same to the commission. The liability of such market agent under this article shall not be discharged except upon receipt of such sums by the commission. For the purpose of this subsection, to ensure compliance with this Code section, and for the administrative convenience of the commission in enforcing payment and collection of such assessments, delivery by a producer to a market agent for processing of any cattle upon which an assessment has been established shall be deemed a sale of such cattle within the meaning of this Code section; and the assessment shall thereupon attach and become due, regardless of whether such market agent actually purchases such cattle for himself or herself or only processes same for a consideration payable by the producer or another person and such cattle are thereafter sold to another person, provided that upon collection of such assessment by the market agent to whom such cattle are so delivered for processing only, no further or additional assessment shall attach or become due by reason of the subsequent sale by such producer of such processed cattle to another person or market agent. (2) This subsection shall not apply to an assessment against a producer from which such producer is exempt under subsection (b) of this Code section. (g) The commission may prescribe such rules as may be necessary and reasonable for the orderly reporting and transmitting of assessments by market agents and may take all legal action necessary to enforce payment of the same by market agents. The commission is authorized to issue executions for the same in like manner as executions are issued for ad valorem property taxes due the state. It shall be the duty of each and every sheriff of this state and their lawful deputies, upon the request of the commission, to levy and collect such executions and to make their return thereof to the commission in like manner as such tax executions are levied and return thereof made to county tax collectors and tax commissioners. The commission shall likewise be authorized to collect, by execution as provided in this subsection or otherwise, directly from the producer against whom any assessment levied under this Code section may be found due whenever it is determined that such producer has sold such affected cattle giving rise to such liability to a person other than to a market agent who has collected such assessment and is required by this Code section to remit the same to the commission. Furthermore, the commission may proceed against such producer and the purchaser of such cattle simultaneously if the purchaser is a market agent required to collect such assessment, until satisfaction is obtained.

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(h) Any moneys collected by the commission pursuant to this article shall be deposited in a bank or other depository approved by the commission and shall be disbursed by the commission only for the necessary expenses incurred by the commission, as approved by the commission. Funds so collected shall be deposited and disbursed in conformity with appropriate rules and regulations prescribed by the commission. All such expenditures by the commission shall be audited at least annually by the state auditor and a copy of such audit shall be delivered within 30 days after the completion thereof to the Governor and the commission. If the commission is abolished, any funds remaining in its hands at such time shall be used to pay the existing obligations of the commission and the expenses incurred in winding up the affairs of the commission. Any excess remaining shall escheat to the state and shall be paid into the state treasury as unclaimed trust funds. (i) Moneys deposited by the commission pursuant to this Code section which the commission determines are available for investment may be invested or reinvested by the commission as provided for funds of this state or of any retirement system created by law, provided that all moneys invested shall be invested in those areas of production that will provide a return at the highest bank interest rate available. It shall be the duty of the commission annually to review these investments and determine whether they are in compliance with this Code section.
2-8-105. (a) Any assessment levied or established in accordance with this article in such specified amount as may be determined by the commission pursuant to this article shall constitute a personal debt of every person so assessed and shall be due and payable to the commission when payment is called for by the commission. In the event of the failure of such person to pay any such assessment upon the date determined by the commission, the commission may file an action against such person in a court of competent jurisdiction for the collection thereof. (b) In the event that any producer or market agent duly assessed pursuant to this article fails to pay to the commission the amount so assessed on or before the date specified by the commission, the commission is authorized to add to such unpaid assessment an amount not exceeding 10 percent of such unpaid assessment to defray the cost of enforcing the collection of such unpaid assessment. (c) The provisions of subsection (a) of this Code section with respect to collection of assessments by action are in addition to and cumulative of the provisions of this article authorizing the issuance of executions for assessments by the commission. The 10 percent penalty authorized to be assessed upon delinquent assessments under subsection (b) of this Code section may likewise be included in any execution issued by the commission. Such remedies may be pursued concurrently until satisfaction is obtained upon either. Any penalty recovered shall become a part of the principal assessment levied and shall be for the use of the commission as are other moneys received under this article.

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(d) This Code section shall not apply to an assessment against a producer from which such producer is exempt under subsection (b) of Code Section 2-8-104.
2-8-106. (a) The commission may require any and all market agents subject to the provisions of any marketing order issued pursuant to this article:
(1) To maintain books and records reflecting their operations under the marketing order; (2) To furnish to the commission or its duly authorized or designated representatives such information as may from time to time be requested by them relating to operations under the marketing order; and (3) To permit inspection by the commission or its duly authorized or designated representatives of such portions of such books and records as relate to operations under the marketing order. (b) Information obtained by any person under this Code section shall be confidential and shall not be disclosed by him or her to any other person, except to a person with like right to obtain the information or to any attorney employed to give legal advice thereupon or by court order. (c) In order to carry out the purposes of this Code section, the commission may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, or documents of any kind.
2-8-107. Any person who violates any provision of this article or any marketing order duly issued by the commission and in effect under this article or who violates any rule or regulation issued by the commission pursuant to this article or of any marketing order duly issued and effective under this article shall be civilly liable to the commission for a penalty in an amount not to exceed $500.00 for each and every violation thereof, the amount of such penalty to be fixed by the commission after notice and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for contested cases and recoverable by a civil action brought in the name of the commission or by execution issued in like manner as for assessments provided by Code Section 2-8-104. Any moneys recovered pursuant to this Code section shall be deposited and disbursed in accordance with subsection (e) of Code Section 2-8-104 as are other moneys.
2-8-108. (a) The Attorney General of this state shall, upon complaint by the commission, or may, upon his or her own initiative if after examination of the complaint and evidence he or she believes a violation has occurred, bring an action in the superior court in the name of the commission for civil penalties or for injunctive relief, including specific performance of any obligation imposed by a marketing order or any rule or regulation issued under this article, or both, against any person violating any provisions of this

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article or of any marketing order or any rule or regulation duly issued by the commission under this article. (b) If it appears to the court, upon any application for a temporary restraining order, upon the hearing of any order to show cause why a preliminary injunction should not be issued, or upon the hearing of any motion for a preliminary injunction, or if the court finds in any such action that any defendant therein is violating or has violated any provision of this article or of any marketing order or any rule or regulation duly issued by the commission under this article, then the court shall enjoin the defendant from committing further violations and may compel specific performance of any obligation imposed by a marketing order or any rule or regulation issued by the commission under this article. It shall not be necessary in such event to allege or prove lack of an adequate remedy at law. (c) In any action brought by the Attorney General to enforce any of the provisions of this article or of any marketing order issued by the commission and effective under this article or of any rule or regulation issued by the commission pursuant to any marketing order, the judgment, if in favor of the commission, may provide that the defendant pay to the commission the costs incurred by the commission in the prosecution of such action.
2-8-109. (a) The commission on its own motion may, and upon the complaint of any interested party charging a violation of any provision of this article or of any provision of any marketing order or any rule or regulation issued by the commission and effective under this article shall, either refer the matter directly to the Attorney General of this state or to any prosecuting attorney of this state for the institution of legal proceedings thereupon or, if the commission deems it necessary or advisable, immediately call an administrative hearing, pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' governing contested cases, to consider the charges set forth in such verified complaint. (b) In case the matter is referred directly by the commission to the Attorney General or any prosecuting attorney, it shall be the duty of such officer, if after examination of the complaint and the evidence he or she believes that a violation has occurred, to bring an appropriate action or actions in a court or courts of competent jurisdiction in this state. (c) After an administrative hearing, if the commission finds that a violation has occurred, it shall enter its findings and notify the parties to such complaint. In its discretion, the commission shall either refer the matter to the Attorney General for the institution of legal proceedings or notify such parties to cease and desist from further violation. Upon the refusal or failure of such parties to comply or if the commission finds that the facts or circumstances warrant immediate prosecution, the commission shall file a complaint with the Attorney General or with any prosecuting attorney of this state requesting that such officer commence any or all actions authorized in this article against such respondent or respondents in a court of competent jurisdiction.

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2-8-110. (a) Any person who willfully renders or furnishes a false or fraudulent report, statement, or record required pursuant to this article or any marketing order effective under this article shall be guilty of a misdemeanor. (b) Any market agent or other person engaged in the handling or processing of cattle or beef or in the wholesale or retail trade thereof who fails or refuses to furnish, upon request, information concerning the name and address of the person from whom he or she has received cattle or beef regulated by a marketing order issued and in effect under this article and the quantity of such cattle or beef received shall be guilty of a misdemeanor.
2-8-111. Any person who violates any provision of this article or any provision of any marketing order duly issued by the commission under this article shall be guilty of a misdemeanor.
2-8-112. The penalties and remedies prescribed in this article with respect to any violation mentioned shall be concurrent and alternative. Neither singly nor combined shall such penalties and remedies be exclusive; rather, either singly or combined, such penalties and remedies shall be cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided or allowed by law with respect to any such violation.
2-8-113. This article shall not be applicable to any retailer of beef except to the extent that any retailer is included within the definition of 'market agent' pursuant to paragraph (11) of Code Section 2-8-91.
2-8-114. The promulgation, adoption, and amendment of rules and regulations by the commission shall be subject to the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
PART II SECTION 2-1. Said title is further amended in reserved Chapter 15 by striking the sentence "Reserved." immediately following the chapter designation and inserting in lieu thereof the following: "2-15-1. This chapter may be cited as the 'Georgia Aquaculture Development Act of 2004.'
2-15-2. As used in this chapter, the term:
(1) 'Aquaculturalist' means a person or firm engaged in aquaculture.

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(2) 'Aquaculture' means the commercial farming of privately owned aquatic animals in captive conditions and up to the juvenile or adult phase, with some sort of intervention in the rearing process such as regular stocking, feeding, protection from predators, or other management activity intended to enhance production. (3) 'Aquatic animals' means pacific white shrimp (Penaeus vannamei).
2-15-3. (a) There is created the Aquaculture Development Advisory Council. The council shall be composed of 15 members as follows:
(1) One member representing agriculture at large to be appointed by mutual agreement of the chairpersons of the House and Senate Committees on Agriculture and Consumer Affairs. (2) The dean of the College of Agriculture, Home Economics, and Allied Programs of Fort Valley State University or his or her representative; (3) The chairperson of the Committee on Agriculture and Consumer Affairs of the House of Representatives or his or her representative; (4) The chairperson of the Committee on Agriculture and Consumer Affairs of the Senate or his or her representative; (5) The Commissioner or his or her representative; (6) The commissioner of natural resources or his or her representative; (7) The commissioner of industry, trade, and tourism or his or her representative; and (8) Eight members to be appointed as provided by this paragraph. The President of the Senate and the Speaker of the House of Representatives each shall appoint four members as follows:
(A) Two members shall be representatives of the aquaculture industry; (B) One member shall be a representative of the aquaculture supply and equipment industry; and (C) One member shall be a representative of a private industry which is doing research in the promotion of aquaculture. Each of the nine appointed members shall be appointed for a term of two years and until a successor is appointed and assumes membership on the council. The terms of the first such appointed members shall begin on the effective date of this chapter. (b) The purpose of the council shall be to inform and advise the department and the Department of Natural Resources regarding important developments in aquaculture. (c) The members of the council shall enter upon their duties without further act or formality. The council may make such bylaws for its government as it deems necessary but is under no duty to do so. The council may appoint working subcommittees based on identified needs. These subcommittees may consist of noncouncil members who exhibit an interest in the development of the aquaculture industry of Georgia. (d) Eight members of the council shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted the council

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by this chapter. No vacancy on the council shall impair the right of a quorum to transact any and all business of the council. (e) The members shall not receive compensation for their services on the council but those members who are public officials or employees shall be reimbursed from the funds of their employing department, agency, or branch of government for per diem, travel, and other expenses in the same manner and amount as they otherwise receive for performing services for their respective departments, agencies, or branches of government. (f) The council shall meet upon the call of its chairperson, who shall be elected by the members of the council. The chairpersons of the Committees on Agriculture and Consumer Affairs of the House of Representatives and the Senate shall serve as cochairpersons of the council until such time as a chairperson of the council is elected by the members. (g) The council is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this chapter which are necessary or convenient to enable it to exercise its powers, perform its duties, and accomplish the objectives and purposes of this chapter. (h) Staff support for the council shall be provided by the department and the Department of Natural Resources.
2-15-4. (a) There shall be an aquaculture program within the department. (b) The department shall make a thorough study of aquaculture and the potential for development and enhancement of aquaculture in the state. It shall be the duty of the department to develop, distribute, and, from time to time, amend an aquaculture development plan for the State of Georgia for the purpose of facilitating the establishment and growth of economically viable aquaculture enterprises in Georgia. Such plan shall include:
(1) An evaluation of Georgias natural resources as they relate to aquaculture; (2) An evaluation of species with potential for culture in Georgia; (3) An identification of constraints to development of aquaculture in Georgia and recommendations on methods to alleviate these constraints; (4) An identification of the role of the department in supporting the aquaculture industry, including an evaluation of existing physical and personnel resources and recommendations for allocation of additional resources where needed; (5) A list of the resources, training programs, technical assistance, and other programs available to prospective aquaculturalists; (6) Recommendations for implementation of the plan; and (7) An identification of the role of other state and federal agencies in the development of the aquaculture industry. (c)(1) To aid in performing its duties under this Code section, the department shall rely upon, to the extent feasible, the Georgia Center for Aquaculture Development at Fort Valley State University as a state-wide center for providing information,

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conducting research and development, and technology transfer training on fresh-water and marine aquaculture in diverse production systems. (2) Middle Georgia Technical College shall collaborate, to the extent feasible, with the Georgia Center for Aquaculture Development at Fort Valley State University on aquaculture training.
2-15-5. (a) Any person or firm engaged in aquaculture shall apply to the department for an aquaculture registration. The lawfully obtained pacific white shrimp of a registered aquaculturalist shall be privately owned subject to regulation by the department; provided, however, any person selling pacific white shrimp without first obtaining an aquaculture registration shall be considered to be selling 'wildlife' or 'wild animals' and shall be subject to the provisions of Title 27 governing such sale. (b) On and after January 1 of the calendar year following the year in which this chapter becomes effective, it shall be a misdemeanor for any person or firm to engage in aquaculture unless such person or firm is registered as provided by this chapter; except that this subsection shall not apply to the employees of a registered aquaculturalist.
2-15-6. The department shall register persons engaged in aquaculture under the applicable provisions of this chapter. Such registration or any renewal thereof shall expire on December 31 of each even-numbered year following registration; provided, however, that any registration shall expire 30 days following any change in the status of any information required by the provisions of this chapter or by any rule or regulation adopted pursuant to this chapter to be reported to the department. The department shall issue to registrants who update or renew their registration new certificates of registration for the full period of registration provided for in this Code section.
2-15-7. (a) All applications to the department for registration as an aquaculturalist shall:
(1) Designate an address in this state where the applicant can be personally served with legal process; (2) Contain an appointment of an agent in this state for acceptance of service of legal process, together with the agents address in this state; or (3) Contain a designation of the Secretary of State for acceptance of service of legal process. (b) A copy of such application shall be forwarded to the Secretary of State by the department. (c) The Commissioner shall by rule or regulation establish a registration fee in such amount as it reasonable and necessary to cover administrative costs.
2-15-8. The filing of an application with the department for registration as an aquaculturalist

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shall constitute an admission by the applicant that the applicant is doing business in this state.
2-15-9. (a) The Commissioner may deny registration to:
(1) Any applicant with a criminal record; (2) Any applicant who is found by the Commissioner to have violated any law administered by the department or any regulation or quarantine of the department; or (3) A corporation, when any of its officers has a criminal record or is found by the Commissioner to have violated any law administered by the department or any regulation or quarantine of the department. (b) In the case of a partnership, all parties shall be considered applicants for the purpose of this Code section. (c) No registration shall be denied under this chapter without opportunity for hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
2-15-10. The Commissioner may revoke any outstanding registration where the holder of the same or any officer or agent of the holder is found by the Commissioner to have violated any law administered by the department or any regulation or quarantine of the department, provided that no registration shall be revoked under this Code section without opportunity for hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
2-15-11. All registration certificates issued by the department shall be evidence of a registration. The department shall maintain a current list of all persons registered under this chapter.
2-15-12. (a) The Commissioner shall make and publish such rules and regulations, not inconsistent with law, as are reasonable and necessary to carry out the purposes of this chapter. (b) Such rules and regulations shall include, without limitation, best management practices that shall serve as protocols for the establishment and maintenance of responsible and sustainable aquaculture and for the protection of public health and safety. By way of example only, such practices may cover site selection, site plans, stocking, harvesting, transportation of product, effective management, food safety at the farm level, and reporting requirements. Compliance with such best management practices shall be a condition of any aquaculture registration certificate issued under this chapter.
2-15-13. (a) It shall be unlawful for any person to have in his or her possession pacific white

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shrimp obtained from an aquaculturalist without a bona fide bill of sale or lading that provides the date of transaction, identifies the seller, and details at least two of the following three criteria for pacific white shrimp: number, weight, or average length. (b) It shall be unlawful to sell pacific white shrimp produced by aquaculture which shrimp the department has determined to have diseases or parasites that would be harmful to native wildlife populations, including without limitation any viruses that may be latent in exotics but problematic if introduced into indigenous stocks. (c) Wholesale fish dealers or retail fish dealers properly licensed under Title 27 may sell pacific white shrimp obtained from an aquaculturalist registered under this chapter. (d) The Commissioner may by rule or regulation prohibit or limit the importation, possession, or sale in this state of pacific white shrimp where the same are found to be harmful to endemic wildlife populations or where the importation, possession, or sale might introduce or spread disease or parasites, including without limitation any viruses that may be latent in exotics but problematic if introduced into indigenous stocks. (e) Any pacific white shrimp in the postlarval stage obtained for growout must be free of disease. (f) Employees or agents of the department shall confiscate any pacific white shrimp imported, purchased, or acquired by any person in violation of this Code section or any rule or regulation of the Commissioner adopted pursuant to this Code section.
2-15-14. (a) Any inspector or other person authorized to ascertain compliance with any provision of this chapter or any rule or regulation of the department pertaining to aquaculture may enter during normal business hours and inspect the premises of an aquaculturalist to determine whether such person is in compliance with the rules and regulations of the department. (b) In the event any person refuses to give his or her consent to an inspection as provided in subsection (a) of this Code section, the Commissioner or any person authorized to make inspections may seek a warrant to make an inspection as provided in this subsection:
(1) Any application for an inspection warrant shall be made to a person who is a judicial officer within the meaning of Code Section 17-5-21; (2) An inspection warrant shall be issued only upon cause and when supported by an affidavit particularly describing the place, dwelling, structure, premises, or vehicle to be inspected and the purpose for which the inspection is to be made. In addition, the affidavit shall contain either a statement that consent to inspect has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent. Cause shall be deemed to exist if either reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular place, dwelling, structure, premises, or vehicle, or there is reason to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, premises, or vehicle;

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(3) An inspection warrant shall be effective for the time specified therein, but not for a period of more than 14 days, unless extended or renewed by the judicial officer who signed and issued the original warrant, upon satisfying himself or herself that such extension or renewal is in the public interest. Such inspection warrant must be executed and returned to the judicial officer by whom it was issued within the time specified in the warrant or within the extended or renewed time. After the expiration of such time, the warrant, unless executed, is void; (4) An inspection pursuant to an inspection warrant shall be made between 8:00 A.M. and 6:00 P.M. of any day or at any time during operating or regular business hours. An inspection should not be performed in the absence of an owner or occupant of the particular place, dwelling, structure, premises, or vehicle unless specifically authorized by the judicial officer upon a showing that such authority is reasonably necessary to effectuate the purpose of the regulation being enforced. An inspection pursuant to a warrant shall not be made by means of forcible entry, except that the judicial officer may expressly authorize a forcible entry where facts are shown which are sufficient to create a reasonable suspicion of a violation of this chapter or any rule or regulation promulgated pursuant to this chapter, which, if such violation existed, would be an immediate threat to health, safety, or welfare or where facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. Where prior consent has been sought and refused and a warrant has been issued, the warrant may be executed without further notice to the owner or occupant of the particular place, dwelling, structure, premises, or vehicle to be inspected; (5) It shall be unlawful for any person to refuse to allow an inspection pursuant to an inspection warrant issued as provided in this subsection. Any person violating this paragraph shall be guilty of a misdemeanor; and (6) Under this subsection, an inspection warrant is an order, in writing, signed by a judicial officer, directed to the Commissioner or any person authorized to make inspections for the department, and commanding him or her to conduct any inspection authorized by any rules or regulations promulgated pursuant to this chapter. (c) The provisions of Code Section 27-1-23 shall not be applicable to any person registered under this chapter."
SECTION 2-2. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking Code Section 27-1-2, relating to definitions relative to said title, and inserting in lieu thereof the following:
"27-1-2. As used in this title, the term:
(1) 'Adult supervision' means under the command and control of a person 18 years of age or older, with the minor being within sight or hearing distance of such person. (1.1) 'Alligator' means Alligator mississippiensis, commonly known as the American alligator.

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(2) 'Alligator farming' means the possession, propagation, and any other act involved in the production of live alligators. (3) 'Alligator product' means any product or article made, either wholly or in part, from any part of the hide of an alligator or alligator meat or any other part of an alligator carcass. (3.1) 'Aquaculturalist' has the meaning provided by Code Section 2-15-2. (3.2) 'Aquaculture' has the meaning provided by Code Section 2-15-2. (4) 'Artificial lure' means any lure which is made completely of natural or colored plastic, wood, cork, rubber, metal, feathers, hair, tinsel, styrofoam, sponge, or string, or any combinations of such materials, in imitation of or as a substitute for natural bait. Such term does not include any item which is sprayed with or containing scented or chemical attractions. (5) 'Bag limit' or 'creel limit' means the quantity of wildlife which may be taken, caught, or killed during a specified period. (6) 'Big game' means turkey, deer, and bear. (7) 'Board' means the Board of Natural Resources. (8) 'Bushel' means the present United States standard bushel, as determined by the United States Department of Agriculture, which standard bushel measures 2150.4 cubic inches. (9) 'Business premises' means any place of business operation including, but not limited to, offices, sheds, warehouses, vessels, boats, houses, ponds, and other such locations where commercial activity takes place and specifically includes the equipment used in conducting such activity. (10) 'Carrier' means a person engaged in the business of transporting goods and specifically includes a common carrier, a contract carrier, a private carrier, and a transportation company. (10.1) 'Cast net' means a cone shaped net designed to be thrown and retrieved by hand and designed to spread out and capture fish and shrimp as the weighted circumference sinks to the bottom and comes together when pulled by a line. (11) 'Catch-out pond' means a fresh-water pond or lake where the owner or operator charges persons a fee for the right to fish therein. (12) 'Clam rake' means a hand-held rake, or a tool consisting of a long handle with a bar that is set transversely with projecting prongs and with a wire basket or enclosure modification, which rake or tool is suitable for scratching and removing mollusks of the class Pelecypoda from estuarine and marine substrates. (13) 'Commercial' means of or relating to buying, selling, or exchanging or offering for purchase, sale, or exchange. (13.1) 'Commercial cast net' means a cast net constructed of a minimum of fiveeighths inch bar mesh and having a radius not more than 12 feet and in compliance with the provisions of Code Section 27-4-13. (13.2) 'Commercial cast netting' means taking shrimp for commercial sale for food purposes.

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(14) 'Commercial crab trap' means an oblong cage or other cubical structure which is constructed of wooden slats, hardware cloth, chicken wire, or other similar material, which has one or more tunnel-shaped entrances which allow ingress but limit egress, which is to be used as a trap, which is designed to be left unattended for long periods of time, and which is used for catching decapod crustaceans, mainly of the species Callinectes sapidus. (15) 'Commercial fish hatchery' means a facility consisting of two or more ponds or a raceway system which is capable of growing fish from eggs, fry, or fingerlings to a commercially salable size and which produces fish from such eggs, fry, or fingerlings for sale more than once annually. (16) 'Commercial fishing' means fishing for the purpose of sale, the sale or offering for sale of fish by the person taking such fish, or fishing with commercial fishing gear. (17) 'Commercial quantities' means an amount equal to one bushel or more. (18) 'Commercial shooting preserve' means any shooting preserve open to the general public for a fee. (19) 'Commercial trapper' means a person who traps on any land other than that belonging to himself or herself or to his or her immediate family. (20) 'Commissioner' means the commissioner of natural resources. (21) 'Crab' means any crab of the species Callinectes sapidus. (22) 'Department' means the Department of Natural Resources. (23) 'Domestic species' means those taxa of animals which have traditionally lived in a state of dependence on and under the dominion and control of man and have been kept as tame pets, raised as livestock, or used for commercial breeding purposes, including, but not limited to, dogs, cats, horses, cattle, ratites, and chickens. Animals which live in a captive or tame state and which lack a genetic distinction from members of the same taxon living in the wild are presumptively wild animals, except that lawfully obtained farmed fish which are held in confinement in private ponds shall be known as and considered to be 'domestic fish,' but only if they are fish species which are either indigenous to Georgia or are fish species which have been recognized prior to 1992 as having an established population in Georgia waters other than private ponds; provided, however, that Morone americana, white perch, shall not be a domestic fish; and provided, further, that pacific white shrimp produced by or used in aquaculture and contained on the premises of an aquaculturalist registered under Code Section 2-15-6 shall not be presumed to be wild animals. (24) 'Educational' means of or relating to an attempt to learn or convey information about the characteristics and behavior of wild animals or wildlife, where such an attempt is made:
(A) In a public or private college, university, secondary school, or primary school, which college, university, or school is accredited by either the Georgia Accrediting Commission, Inc., or the Southern Association of Colleges and Schools; (B) By an independent study conducted in affiliation with any of the institutions mentioned in subparagraph (A) of this paragraph;

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(C) By any chartered association or society organized for the purpose of conveying knowledge about such species to its members; (D) By a research facility; or (E) By a governmental agency. (25) 'Established bait dealership' means a facility which is used in whole or in part to sell shrimp for bait and which has been inspected by employees of the department and which has been issued a bait dealer license. (26) 'Falconer' means a person licensed according to the laws and rules and regulations pertaining to falconry. (27) 'Falconry' means the sport of taking quarry by means of a trained raptor. (27.1) 'Farmed deer' means fallow deer (Dama dama), axis deer (Axis axis), sika deer (Cervus nippon), red deer and elk (Cervus elaphus), and reindeer and caribou (Rangifer tarandus), and hybrids between these farmed deer species raised for the commercial sale of meat and other parts or for the sale of live animals. (28) 'Feral hog' means any hog which is normally considered domestic but which is living in a wild state and cannot be claimed in private ownership. (29) 'Fishing' means catching, capturing, taking, or killing fish, mussels, and all seafood and includes all lesser acts such as attempting to catch, capture, or kill by any device or method and every act of direct assistance to any person in catching or attempting to catch fish, mussels, or seafood. (30) 'Full-time employee' means a person who works at least 30 hours per week for one employer. Expressly excluded from this term is an independent contractor or casual vendor who does not receive regular periodic compensation from one employer. (31) 'Fur-bearing animals' means the following animals: mink, otter, raccoon, fox, opossum, muskrat, skunk, bobcat, and weasel. (32) 'Fur dealer' means a person who purchases or sells raw undressed hides, furs, pelts, or skins of fur-bearing animals and alligator hides or alligator products, excluding alligator meat; provided, however, those persons engaged in wholesale or retail furrier operations, that is, those who engage in the manufacture or production of finished fur or alligator products, shall not be fur dealers for purposes of this title. (33) 'Fur dealers agent' means any person who represents the owner of or a dealer in furs, alligator hides, or alligator products for the purpose of selling such furs, alligator hides, or alligator products. (34) 'Game animals' means the following animals: bear, bobcat, deer, fox, opossum, rabbit, raccoon, sea turtles and their eggs, squirrel, cougar (Felis concolor), and all members of the families Alligatoridae and Crocodylidae. (35) 'Game birds' means the following birds: turkey, quail, grouse, and all migratory game birds. (36) 'Game fish' means the following fish, except domestic fish as provided in paragraph (23) of this Code section: (A) Bass:
(i) Largemouth bass;

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(ii) Smallmouth bass; (iii) White bass; (iv) Striped bass; (v) Spotted bass; (vi) Redeye (Coosa) bass; (vii) Striped-white bass hybrid; (viii) Shoal bass (Flint River smallmouth); and (ix) Suwannee bass; (B) Trout: (i) Rainbow trout; (ii) Brown trout; and (iii) Brook trout; (C) Crappie: (i) White crappie; and (ii) Black crappie; (D) Shad: (i) American shad; and (ii) Hickory shad; (E) Sunfish or bream: (i) Flier; (ii) Spotted sunfish (stumpknockers); (iii) Rockbass (goggleye); (iv) Shadow bass; (v) Redbreast sunfish; (vi) Redear sunfish; (vii) Bluegill (bream); and (viii) Warmouth; (F) Perch: (i) Walleye; and (ii) Sauger; (G) Pickerel: (i) Chain pickerel; (ii) Grass pickerel; and (iii) Redfin pickerel; and (H) Catfish: (i) Channel catfish; and (ii) Flathead catfish. (37) 'Game species' means all game animals, game birds, and game fish. (38) 'Held as pets' means the possession of any wild animal for purposes other than scientific, educational, or public exhibition purposes or other than for sale to the general public or other than for resale to a retail dealer, an exhibition, or a research facility.

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(39) 'Hunting' means pursuing, shooting, killing, taking, or capturing wildlife or feral hogs. This term also includes acts such as placing, setting, drawing, or using any device used to take wildlife or feral hogs, whether any such act results in taking or not, and includes every act of assistance to any person in taking or attempting to take such wildlife or feral hogs.
(40)(A) 'Immediate family,' except insofar as that term relates to trapping, trappers, and fur dealers, means all persons living in one household under one head of household and bearing a blood or dependent relationship to such head of household. (B) 'Immediate family,' insofar as that term relates to trapping, trappers, and fur dealers, means son, daughter, father, mother, brother, sister, granddaughter, grandson, or spouse. (40.1) 'License' means any document, decal, stamp, permit, or temporary license identification number which authorizes the holder to participate in any activity regulated by the department and which is issued by the department; provided, however, that a temporary license number shall be a valid license for ten days from the date of issuance. (41) 'Licensed bait dealer' means the owner of an established bait dealership within this state who has been properly licensed and bonded pursuant to the applicable laws and regulations. (42) 'May' means is authorized, but not required, and denotes discretion and permission rather than command. When 'may' is used in authorizing a certain action to be taken, it shall also include the authorization to change that action. (43) 'Migratory game birds' means all the following birds: brant, coots, cranes, doves, ducks, gallinules, geese, rails, snipe, swans, and woodcock. Birds which are mutations of such birds and birds which are the result of hybridization between such birds or between such birds and other birds are included as migratory game birds. (44) 'Mountain trout' means rainbow, brook, and brown trout. (45) 'Night' means between the hours of 30 minutes after sunset and 30 minutes before sunrise. (46) 'Nongame fish' means any fish not included within the definition of the term 'game fish' in this Code section and is synonymous with the term 'rough fish.' (47) 'Peeler' means a crab which has a soft shell fully developed under the hard shell and which has a pink or red line on the outer edge of the swimming paddles. (48) 'Pen raised game birds' means game birds which are raised in captivity and are more than two generations removed from the wild. (49) 'Perishable' means likely to deteriorate quickly in quality or value unless given special treatment such as dressing, freezing, or cold storage. (50) 'Person' means any individual, partnership, firm, corporation, association, or other entity. (51) 'Pole and line' means any hand line or any type of pole with a line attached and specifically includes a casting rod, a spinning rod, a fly rod, and all similar hand-held equipment for use with bait or artificial lure; provided, however, such pole and line may only be used to entice fish to strike or bite such bait or lure.

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(52) 'Private oyster or clam beds' means oyster or clam beds in which the right to plant, cultivate, and harvest oysters and clams is not vested in the state pursuant to Code Sections 44-8-6, 44-8-7, and 44-8-8. (53) 'Private pond' means a body of water wholly on or within the lands of one title from which fish cannot go upstream or downstream or to the lands of another. (54) 'Private shooting preserve' means any shooting preserve owned or leased by an individual, partnership, firm, corporation, association, or other entity and used only by the owners, members, and guests. (55) 'Public exhibition' means any commercial or noncommercial display of wild animals or wildlife to the general public, including displays held in nontraveling facilities in fixed locations or displays held in transient facilities which travel to different parts of the state. (56) 'Public road' means any road open to and intended for use by the public and maintained at public expense. (57) 'Purchase' means to acquire, obtain, or receive or to attempt to acquire, obtain, or receive by exchange of valuable consideration. This term specifically includes barter and exchange. (58) 'Raptor' means a live migratory bird of the order Falconiformes or the order Strigiformes, other than the bald eagle (Haliaeetus leucocephalus) or the golden eagle (Aquila chrysaetos). (59) 'Rats and mice' means any gnawing mammal of the class Mammalia, the subclass Theria, the order Rodentia, and either the family Muridae or the family Cricetidae and the genera Peromyscus, Sigmodon, Oryzomys, or Reithrodontomys. (59.1) 'Recreational bait shrimp cast net' means a cast net constructed of a minimum of three-eighths inch mesh with a radius not greater than eight feet and in compliance with the provisions of Code Section 27-4-13. Such term shall include any cast net which exceeds such minimum mesh size. (59.2) 'Recreational bait shrimp cast netting' means taking shrimp for noncommercial use as bait by means of a cast net. (59.3) 'Recreational food shrimp cast net' means a cast net constructed of a minimum of one-half inch bar mesh with a radius not greater than eight feet and in compliance with the provisions of Code Section 27-4-13. (59.4) 'Recreational food shrimp cast netting' means taking shrimp for noncommercial food purposes by means of a cast net. (60) 'Resident' means any citizens citizen of the United States who has been domiciled within the State of Georgia for a period of at least three months. For purposes of issuing or procuring the noncommercial hunting and fishing licenses required by this title, residents shall include full-time military personnel on active duty who list Georgia as their home of record in their official military files or who are stationed at a military base located in Georgia and the dependents of such military personnel.

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(61) 'Retail fish dealer' means any person engaged in the purchasing, raising, propagating, breeding, or other acquiring or possessing of live fish or fish eggs to be sold or furnished to others for use thereby, other than for resale or for aquaria. (62) 'Scientific' means of or relating to a systematic attempt, made at a public or private college, university, secondary school, or primary school, which college, university, or school is accredited by either the Georgia Accrediting Commission, Inc., or the Southern Association of Colleges and Schools; or made in the course of an independent study conducted in affiliation with any of the aforementioned institutions; or made by any chartered association or society organized for the purpose of conveying knowledge to its members; or made by a research facility or a governmental agency, for the purpose of discovering new knowledge through the possession of wild animals or wildlife for the testing of a theory or hypothesis, such theory or hypothesis to be tested according to the accepted procedures of observation, comparison, objective data collection, and analysis. (63) 'Seafood' means marine and estuarine fauna or flora used as food or of a kind suitable for food and specifically includes, but is not limited to, shrimp taken for bait and horseshoe crabs taken for bait. (64) 'Sell' means to dispose of, transfer, or convey or to attempt to dispose of, transfer, or convey by exchange of money or other valuable consideration. This term specifically includes barter and exchange. (65) 'Shedding facility' means a soft-shell crab facility containing a tank or other enclosure in which peelers are or may be kept alive until they shed their shells and become soft-shell crabs and containing such other equipment as may be prescribed by the department. (65.1) 'Shellfish' means common bivalve mollusks which includes all edible species of oysters, clams, mussels, or other bivalves. (65.2) 'Shellfish management area' means a wildlife management area where shellfish are managed by the state or lessees for the propagation of shellfish. (66) 'Shooting preserve' means any area utilized for the purpose of shooting or taking, or shooting and taking, game birds or pen raised game birds. (67) 'Small game' means all game animals and game birds other than big game. (68) 'Soft-shell crab' means a crab which has just emerged from its old shell and has a new soft, pliable shell. (69) 'Soft-shell crab dealer' means any person operating a shedding facility approved by the department. (70) 'State owned oyster or clam beds' means oyster or clam beds in which the right to plant, cultivate, and harvest oysters and clams is vested in the state pursuant to Code Sections 44-8-6, 44-8-7, and 44-8-8. (71) 'Taking' means killing, capturing, destroying, catching, or seizing. (71.1) 'Ten-foot net' means a trawl with a cork line not to exceed ten feet from tie-totie between the first and last mesh across the mouth of the net, a lead line not to exceed 13 feet from tie-to-tie between the first and last mesh across the mouth of the net, and leg lines of equal length. No webbing shall extend toward the door beyond

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the original brail lines which run vertically between the first tie at each end of the cork line and the first tie at each end of the lead line. (72) 'Trapping' means taking, killing, or capturing wildlife with traps. This term also includes all lesser acts such as placing, setting, or staking such traps, whether such acts result in taking or not, and attempting to take and assisting any person in taking or attempting to take wildlife with traps. (72.1) 'Twenty-foot net' means a trawl with a cork line not to exceed 20 feet from tieto-tie between the first and last mesh across the mouth of the net, a lead line not to exceed 25 feet from tie-to-tie between the first and last mesh across the mouth of the net, and leg lines of equal length. No webbing shall extend toward the doors beyond the original brail lines which run vertically between the first tie at each end of the cork line and the first tie at each end of the lead line. (73) 'Waters of this state' means any waters within the territorial limits of this state and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state except ponds or lakes not open to the public, whether such ponds or lakes are within the lands of one title or not. (74) 'Wholesale fish dealer' means any person engaged in purchasing, raising, propagating, breeding, or acquiring or possessing live fish or fish eggs to be sold or furnished to others for the purpose of resale, including any person engaged in transporting live fish or fish eggs into this state; provided, however, that any person who holds or sells only 'domestic fish' and is registered pursuant to Code Section 274-255 or any person who holds or sells fish solely for use in aquaria shall not be considered a wholesale fish dealer. (75) 'Wild animal' means any animal which is not wildlife and is not normally a domestic species in this state. This term specifically includes any hybrid or cross between any combination of a wild animal, wildlife, and a domestic animal. Offspring from all subsequent generations of such crosses or hybrids are wild animals. (76) 'Wild animal business' means the importation, transportation, or possession of any wild animal for the purpose of sale or transfer. (77) 'Wildlife' means any vertebrate or invertebrate animal life indigenous to this state or any species introduced or specified by the board and includes fish, except domestic fish produced by aquaculturists registered under Code Section 27-4-255, mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks or any part thereof; except that such term does not include any domestic fish produced by persons registered under Code Section 27-4-255 or any pacific white shrimp produced by or used in aquaculture and lawfully contained on the premises of an aquaculturalist as those terms are defined by Code Section 2-15-2."
SECTION 2-3. Said title is further amended by striking Code Section 27-2-14, relating to permits for liberation of wildlife or liberation of domestic fish, and inserting in lieu thereof the following:

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"27-2-14. It shall be unlawful for any person to liberate any wildlife within this state or to liberate domestic fish or pacific white shrimp produced by aquaculture as defined in Code Section 2-15-2 except into private ponds, except under permit from the department; provided, however, that pen raised quail may be released for purposes of training pointing, flushing, and retrieving dogs."
SECTION 2-4. Said title is further amended by striking Code Section 27-4-75, relating to sale of fish by commercial fish hatcheries, sale of game fish, bill of sale or lading for possession of certain game fish and domestic fish, and sale of diseased fish, and inserting in lieu thereof the following:
"27-4-75. (a) It shall be unlawful to sell any fish from a commercial fish hatchery as defined in Code Section 27-1-2 unless the hatchery is licensed under Code Section 27-2-23 or except as follows:
(1) Fish may be sold as provided in Code Section 27-4-74 or 27-4-76; and (2) Domestic fish as defined in paragraph (23) of Code Section 27-1-2 and that are produced by an aquaculturist a person registered under Code Section 27-4-255. (b) Except as provided in Code Section 27-4-74 and except for persons licensed as wholesale or retail fish dealers as provided in Code Section 27-4-76, it shall be unlawful for anyone other than a commercial fish hatchery licensed under Code Section 27-2-23 to sell any species of game fish. It shall also be unlawful for any person to have in his or her possession any such game fish obtained from a commercial fish hatchery, wholesale fish dealer, or retail fish dealer or domestic fish from an aquaculturist registered under Code Section 27-4-255 without a bona fide bill of sale or lading which provides the date of transaction, identifies the seller, and details at least two of the following three criteria for each species of fish contained therein: number, weight, or average length. (c) It shall also be unlawful to sell fish from a commercial fish hatchery which the department has determined to have diseases or parasites which would be harmful to native fish populations."
SECTION 2-5. Said title is further amended by striking Code Section 27-4-76, relating to licensing of wholesale and retail fish dealers and sale, transportation into state, or possession of live fish and fish eggs, and inserting in lieu thereof the following:
"27-4-76. (a) It shall be unlawful to engage in the business of a wholesale or retail fish dealer, as defined in Code Section 27-1-2, without first obtaining an annual license from the department as provided in Code Section 27-2-23. Properly licensed wholesale fish dealers or retail fish dealers may sell game fish obtained from a licensed fish hatchery or domestic fish obtained from a person registered aquaculturist under Code Section 27-

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4-255 or as otherwise provided in Code Section 27-4-74. Notwithstanding any other provision to the contrary, a licensed commercial fish hatchery shall not be required to obtain a license as a wholesale fish dealer or a retail fish dealer. (b) Notwithstanding subsection (a) of this Code section, nonresident persons may sell and transport fish and fish eggs into the state without being required to procure a wholesale fish dealer license where the sale and shipment are made to a wholesale fish dealer duly licensed under Code Section 27-2-23. (c) The board may by regulation prohibit or limit the importation, possession, or sale in this state of live fish or fish eggs where the same are found to be harmful to endemic fish populations or where the importation, possession, or sale might introduce or spread disease or parasites. (d) The conservation rangers or other agents or officials of the department shall confiscate any fish imported, purchased, or acquired by any person in violation of this Code section or any regulation promulgated by the board pursuant to this Code section."
PART III SECTION 3-1. (a) This part shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. (b) Part I of this Act shall become effective if and when the decision of the United States Court of Appeals for the Eighth Circuit in the case of Livestock Marketing Association v. United States Department of Agriculture, Nos. 02-2769/2832, slip. op. (8th Cir. July 8, 2003), holding the collection of mandatory assessments to pay for generic advertising of beef and beef products under the federal Beef Promotion and Research Act of 1985, 7 U.S.C. Section 2901, et seq., unconstitutional as a violation of the First Amendment to the Constitution of the United States, is affirmed by the United States Supreme Court; provided, however, that if a petition for writ of certiorari is denied in such case or such petition is granted but the decision of the United States Court of Appeals for the Eighth Circuit is not affirmed prior to July 1, 2006, Part I of this Act shall not become effective and shall stand repealed on July 1, 2006. (c) Part II of this Act shall become effective only upon the effective date of a specific appropriation of funds for purposes of said part of this Act as expressed in a line item of an appropriations Act enacted by the General Assembly.
SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

Representative James of the 114th moved that the House disagree to the Senate substitute to HB 1766.
The motion prevailed.

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HB 1359. By Representatives Thomas Morgan of the 33rd, Post 2, Dean of the 49th, Wix of the 33rd, Post 1 and Powell of the 23rd:
A BILL to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to provide that a barber shop may employ apprentice barbers, each of whom must be under the supervision of a separate master barber; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to delete a requirement that a barber shop may train only one apprentice barber at a time; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, is amended by striking in its entirety Code Section 43-7-12, relating to requirements for a license to operate a barbershop, and inserting in lieu thereof the following:
"43-7-12. A license to operate a barbershop shall be issued, renewed, or restored to any person who can show that such barbershop:
(1) Provides and maintains such physical and sanitary facilities and equipment as may be required by the rules and regulations of the board; and (2) Does not train more than one apprentice at any one time, which apprentice shall be under the supervision of a master barber; and (3) Does business only at the location shown on the application for licensure."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Thomas of the 33rd, Post 2 moved that the House disagree to the Senate substitute to HB 1359.
The motion prevailed.

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3537

HB 987. By Representatives Ray of the 108th, Lucas of the 105th, Birdsong of the 104th, Jenkins of the 93rd and Graves of the 106th:
A BILL to amend an Act entitled "An Act to provide a pension and retirement plan and fund for certain employees and officers of the Macon Board of Water Commissioners," so as to define a certain term; to raise the employee contribution; to increase the benefit calculation factor; to change the vesting provision; to grant a cost of living adjustment to retirees and beneficiaries; and for other purposes.

The following Senate substitute was read:

A BILL
To amend an Act entitled "An Act to provide a pension and retirement plan and fund for certain employees and officers of the Macon Board of Water Commissioners," approved December 30, 1953 (Ga. L. 1953, Nov. - Dec. Sess., p. 2831), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3947), so as to define a certain term; to raise the employee contribution; to increase the benefit calculation factor; to change the vesting provision; to grant a cost of living adjustment to retirees and beneficiaries; to revise the method of determining permanent and total disability; to provide that persons who retire under the disability provisions of the plan may elect a life annuity or a joint and survivor option; to provide conditions for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act to provide a pension and retirement plan and fund for certain employees and officers of the Macon Board of Water Commissioners," approved December 30, 1953 (Ga. L. 1953, Nov. - Dec. Sess., p. 2831), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3947), is amended by adding at the end of Section 2 a new subsection (h) to read as follows:
"(h) 'Permanently and totally disabled' shall mean that the member has been determined to be disabled within the meaning of the federal Social Security Act and regulations thereunder and is actually drawing Social Security benefits on account of such disability."
SECTION 2. Said Act is further amended by striking paragraph (1) of subsection (a) of Section 4 and inserting in lieu thereof a new paragraph (1) to read as follows:

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"(1) Six and 20/100 percent of the total compensation received from the authority during the calendar year, or fraction thereof, from December 30, 1953, until termination of employment."

SECTION 3. Said Act is further amended by striking paragraph (1) of subsection (a) of Section 6 and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Upon reaching 63 years of age, a member of the plan shall be entitled to a monthly retirement benefit in an amount equal to the product of the percentage set forth in the table below for the years of service times the years of service times the final average monthly earnings.

YEARS OF SERVICE

PERCENTAGE

1-30

2.000%

31

2.025%

32

2.050%

33

2.075%

34

2.100%

35

2.125%

36

2.150%

37

2.175%

38

2.200%

39

2.225%

40 or more

2.250%

In the event that the normal retirement monthly benefit of any member who has retired as of the effective date of this Act does not equal at least $20.00 times the number of years of service up to a maximum of ten years, then the monthly benefit of such member shall be the product of $20.00 times the number of years of service up to a maximum of $200.00."

SECTION 4. Said Act is further amended by striking paragraph (8) of subsection (a) of Section 6 and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) In the event, after five years of service, a member terminates his or her service, or his or her service is terminated for any reason other than death or a cause for which the member is not entitled to receive benefits elsewhere under this pension plan, his or her benefits as provided herein shall be vested, but payment thereof shall be deferred

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to 63 years of age; provided, however, that the employee shall leave his or her contributions in the fund; provided, further, that such employee shall be entitled, at his or her option, to receive actuarially reduced benefits prior to 63 years of age, when his or her service would have totaled 25 years had he or she remained in the service of the authority. A member shall be notified of his or her option to leave his or her contributions in the plan by certified mail, return receipt requested, and shall have 12 months in which to make an election to remain in the plan or withdraw his or her contributions. The contributions of a member who fails to make an election within 12 months will be paid to the member as provided in paragraph (7) of this subsection."
SECTION 5. Said Act is further amended by adding at the end of subsection (a) of Section 6 a new paragraph (16) to read as follows:
"(16) The monthly benefit of every member and beneficiary who is retired and receiving benefits shall be increased every five years by 2 percent, retroactive to April 1, 1994. This cost-of-living adjustment shall be effective as of October 1, 2004."
SECTION 6. Said Act is further amended by striking paragraph (1) of subsection (b) of Section 6 and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Permanent and total disability shall be determined as provided in subsection (h) of Section 2 of this Act. In the event it is determined by the federal Social Security Administration that a member is no longer disabled and such member is not drawing benefits under the Social Security Act, the authority may order that the member return to active service with the authority and that the members pension payments be discontinued during the period of such active employment. In the event the member so ordered by the authority to return to active employment with the authority fails or refuses to do so within 30 days of written notice, the right of the member to disability payments shall be conclusively and for all time terminated. In the event such member shall return to active employment with the authority as ordered by the authority, he or she shall resume payment of contributions then required by the pension plan, and shall likewise be entitled to further service credit during the time he or she remains in the active service of the authority. Such member shall not be entitled to other retirement benefits of the plan save by relinquishment of any and all rights to any disability benefits."
SECTION 7. Said Act is further amended by striking paragraph (1) of subsection (c) of Section 6 and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Election. A member of the plan shall be entitled to elect, or to revoke a previous election and make a new election, at any time six months or more prior to his or her retirement in accordance with paragraph (1), (4), (5), or (6) of subsection (a) of this section, or prior to commencement of retirement payment in accordance with

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paragraph (8) of subsection (a) of this section, to have his or her retirement benefit payable under one of the options hereinafter set forth in lieu of the retirement benefits he or she is otherwise entitled to receive in accordance with such subsections. Election of any option shall be made by the member in writing and shall be subject to approval by the authority. The optional form of retirement benefit thus elected shall be paid in accordance with the terms of such option A member of the plan who retires as a result of permanent and total disability as provided in paragraphs (2) and (3) of subsection (a) of this section shall be entitled to receive the members retirement benefit as a life annuity or such member may elect the 'Joint and Survivor Option' under 'Option A' described in paragraph (2) of subsection (c) of this section."
SECTION 8. Sections 2 and 3 of this Act shall become effective on January 1, 2005, and the remaining Sections of this Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

Representative Ray of the 108th moved that the House agree to the Senate substitute to HB 987.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson
Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Benfield Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Broome Y Brown E Bruce

Y Day Dean
Y Deloach Dix
Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston
Howard Y Howell
Hudson Hugley Y Jackson James Y Jamieson Y Jenkins, C Y Jenkins, C.F Jones Y Jordan Joyce Y Keen Y Knox

Y Mitchell Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham
Parrish Y Parsons Y Porter
Powell Y Purcell

Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet
Teper

E Buck Y Buckner, D
Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

WEDNESDAY, APRIL 7, 2004

Y Gardner Golick
Y Graves, D Graves, T
Y Greene Greene-Johnson
Y Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K
Heath E Heckstall Y Hembree E Henson
Hill, C

Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar E Mills

Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S
Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C
Rogers, Ch. Royal Y Rynders Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 133, nays 0. The motion prevailed.

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Y Thomas Morgan Thomas, A.M
Y Thompson Y Walker, L Y Walker, R.L Y Warren
Watson Westmoreland Y White Y Wilkinson Y Willard Williams, A Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

Representatives Williams of the 61st, Post 2 and Williams of the 128th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1147. By Representatives Crawford of the 91st and Ray of the 108th:
A BILL to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide for orders issued by the Commissioner of Agriculture; to provide for administrative and judicial review of such orders; to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to change certain provisions relating to judicial review of contested cases; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide for orders issued by the Commissioner of

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Agriculture; to provide for administrative and judicial review of such orders; to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to change certain provisions relating to judicial review of contested cases; to change certain provisions relating to applicability of certain provisions relative to the Office of State Administrative Hearings; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, is amended by adding a new Code section to read as follows:
"2-2-9.1. (a) As used in this Code Section, the term 'aggrieved or adversely affected' means that the challenged action has caused or will cause the person injury in fact, and the injury is to an interest within the zone of interests to be protected or regulated by the statute that the Commissioner is empowered to administer and enforce. (b) The Commissioner shall issue all orders, and perform actions to include impoundments, quarantine, the issuance, suspension, denial, or revocation of registrations, licenses, or permits, or approval or denial of applications for registrations, licenses, or permits provided for in such federal and state laws as are to be enforced by the Department of Agriculture. (c) Any administrative order issued by the Commissioner shall specify the alleged violation, prescribe a reasonable time for some type of action to be accomplished, and provide notice of the right to a hearing. Any order issued pursuant to this Code section shall become final unless the aggrieved or adversely affected registrant, licensee, permittee, applicant, equine owner, livestock owner, dog or cat owner, exotic and pet bird owner, or farmer of crops or livestock, chickens, or other animals timely requests a hearing in writing as provided by this Code section. (d) Any registrant, licensee, permittee, applicant, equine owner, livestock owner, dog or cat owner, exotic and pet bird owner, or farmer of crops or livestock, chickens, or other animals aggrieved or adversely affected by any order or action of the Commissioner to include the issuance, suspension, denial, or revocation of a registration, license, permit, or application, impoundment, quarantine or stop sale, stop use, or stop removal order, upon petition within 30 days after the issuance of such order or the taking of such action, shall have a right to a hearing before a hearing officer appointed or designated for such purpose by the Commissioner. The decision of the hearing officer shall constitute an initial decision of the Department of Agriculture, and any party to the hearing, including the Commissioner, shall have the right to final agency review before the Commissioner in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the provisions of this chapter. (e) Where a statute which the Commissioner has responsibility for administration or enforcement or a provision of Article 1 of Chapter 13 of Title 50 provides for different

WEDNESDAY, APRIL 7, 2004

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administrative procedures in providing for a notice and opportunity to be heard other than those specified in this Code section, the Commissioner may elect which procedure to be used on a case-by-case basis. (f) In the event the Commissioner asserts in response to the petition before the hearing officer that the petitioner is not aggrieved or adversely affected, the hearing officer shall take evidence and hear arguments on such issue and thereafter make a ruling on such issue before continuing with the hearing. The burden of going forward with evidence on such issue shall rest with the petitioner. The decision of the hearing officer shall constitute the initial decision of the Commissioner; and any party to the hearing, including the Commissioner, shall have the right for final agency review before the Commissioner in accordance with Chapter 13 of Title 50. (g) Prior to notice, hearing, or determination, the Commissioner is authorized to impose civil penalties in settlement of contested cases through administrative consent orders. The Commissioner is authorized to impose through administrative consent orders civil penalties of up to and including $1,000.00 per violation, except as otherwise authorized by law.
(h)(1) The Commissioner may seek civil penalties for the violation of those laws to be enforced by the Department of Agriculture; and where the imposition of such penalties is provided for therein, the Commissioner upon written request may cause a hearing to be conducted before a hearing officer appointed or designated by the Commissioner for the purpose of determining whether such civil penalties should be imposed in accordance with the applicable law. (2) The decision of the hearing officer shall constitute the initial decision of the Commissioner; and any party to the hearing, including the Commissioner, shall have the right of final agency review before the Commissioner in accordance with Chapter 13 of Title 50. (3) In rendering a decision on a requested civil penalty, the hearing officer shall consider all relevant factors including, but not limited to, the following:
(A) The amount of civil penalty necessary to ensure immediate and continued compliance and the extent to which the violator may have profited by failing or delaying to comply; (B) The conduct of the person incurring the civil penalty in promptly taking all feasible steps or procedures necessary or appropriate to comply with or to correct the violation or failure to comply; (C) Any prior violations of, or failures by, such person to comply with statutes, rules, regulations, or orders administered, adopted, or issued by the Commissioner; (D) The character and degree of injury to or interference with public health or safety which is caused or threatened to be caused by such violation or failure to comply; (E) The character and degree of injury to or interference with reasonable use of property which is caused or threatened to be caused by such violation or failure to comply; and

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(F) The character and degree of intent with which the conduct of the person incurring the civil penalty was carried out. (i)(1) Once the hearing officer issues an initial decision, that decision may be appealed by any party to the Commissioner for final agency review. The party requesting final agency review shall have 30 days from notice of the initial decision to file an application for final agency review. If the initial decision is not appealed within 30 days by any party, it shall be deemed final without need of any further proceedings. (2) In application, the party requesting final agency review from the Commissioner shall include a short and plain statement of: (A) The reasons for seeking review; and (B) Any alleged errors in the initial decision. (3) The Commissioner may in his or her discretion seek review on his or her own motion pursuant to subsection (a) of Code Section 50-13-17. (4) Opposing parties may submit statements in response within 20 days of service of an application for final agency review. (5) A copy of any application for final agency review or in opposition of application for review shall be served on all parties and their counsel as well as the Commissioner. (j)(1) The standard for final agency review of the initial decision shall be de novo review. (2) The Commissioner may only review the record considered by the hearing officer in the initial decision hearing. The Commissioner shall not rely on investigative files. (3) The Commissioner shall possess all the powers that the hearing officer had during the initial decision hearing. (4) There shall be a presumption of correctness for the hearing officers credibility determination of witnesses appearing before the hearing officer. (5) The Commissioner shall not base his or her decision on conjecture, speculation, or impermissible inferences. (k)(1) The hearing officer shall forward to the Commissioner prior to review: (A) A copy of the record of the case including the initial decision; (B) All pleadings; (C) Transcripts of the hearing; and (D) All exhibits. (2) During the final agency review, the Commissioner may hear or take testimony from any party, including the registrant, licensee, permittee, applicant, equine owner, livestock owner, dog or cat owner, exotic and pet bird owner, or farmer of crops or livestock, chickens, or other animals based on such authority as existed during the initial decision hearing. (3) A party may file a motion not less than 14 days prior to the date of the final agency review to introduce evidence not submitted at the initial decision hearing. Additional evidence may be admitted only if it is material and if good cause exists for not presenting the evidence at the initial decision hearing. Opposing parties may

WEDNESDAY, APRIL 7, 2004

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submit responding motions in support of suppression of additional evidence seven days prior to the final agency review. Copies of all motions shall be served on the other party and its counsel as well as the Commissioner. (l)(1) The final decision shall be in writing, and if an initial decision is modified, the Commissioner shall give his or her reasons therefor in the form of findings of fact and conclusions of law, separately stated, along with the effective date of the final decision. If the Commissioner does not issue a final decision within 30 days, the initial decision shall be deemed final without need of further proceedings. Further, once the initial decision is final, a party's right to judicial review shall be extinguished. (2) The Commissioner's decision must be rendered not later than 30 days following the date the initial decision was issued. (3) The Commissioner may modify sanctions after review of an initial decision on appeal, stating the sanctions in the final decision. The Commissioner shall not have to make separate findings of fact to justify modified sanctions. (4) The period of decision may be extended due to complexity of issues or volume of record materials. All parties involved shall be notified of any extension. A decision shall be rendered as soon as practicable. (5) The Commissioner shall serve on the:
(A) Opposing party; (B) Opposing partys counsel; (C) Agency counsel; and (D) Original hearing officer any resulting decision or notify the above parties if there is no change to the initial decision along with a statement of rights on appeal to the opposing party and counsel within 30 days of any such decision. (m)(1) A party, or the Commissioner on his or her own motion, may seek reconsideration by the Commissioner of a final agency decision. (2) A partys written request for reconsideration must be submitted to the Commissioner within ten days of service of the final decision. The request shall include a short and plain statement of: (A) All matters alleged to have been erroneously decided; and (B) Any newly discovered factual matters and the reasons why any matters were not raised previously. (3) Opposing parties may submit statements in response within 20 days of service of the request of the consideration. (4) All requests for reconsideration and statements in opposition shall be served on all parties and the Commissioner. (5) If the final agency decision is modified, the Commissioner shall give his or her reasons therefor in the form of findings of fact and conclusions of law along with the effective date of the decision. (6) The Commissioner's decision shall be rendered within 30 days following the latest filing deadline.

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(n) Judicial review of the Commissioners final decision may be had in accordance with Code Section 50-13-19.
(o)(1) Any order issued by the Commissioner under the laws of this state to be enforced by the Department of Agriculture pursuant to a final decision, either unappealed from as provided by law or affirmed or modified on any review or appeal, and from which no further review is taken or allowed, may be filed, by certified copy of the order or final decision from the department, in the superior court of the county wherein the person under order resides, or if such person is a corporation in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred or in which jurisdiction is appropriate; whereupon such superior court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though such judgment had been rendered in an action duly heard and determined by such court. (2) The Commissioner may commence an action in any superior court of proper venue to enforce any order issued by him or her and made an order of the superior court pursuant to this Code section. (p)(1) If a judicial review of the Commissioners final decision is sought in accordance with Code Section 50-13-19, and the matter involves the impoundment of equines under Chapter 13 of Title 4, the 'Georgia Humane Care for Equines Act,' the Commissioner shall, along with his or her answer to the petition, include a statement of the costs incurred in the impoundment and care of the impounded animal or animals and an estimate of the future costs expected to be incurred in the care of the impounded animal or animals. The judge of the superior court may then require the petitioner to submit a surety bond to the court in an amount necessary to provide for the reasonable costs of care for the impounded animal or animals. In lieu of a surety bond, the court may accept a cash bond or property bond, which shall in all respects be subject to the same claims and actions as would exist against a surety bond. (2) Upon the entering of a final adverse decision against an aggrieved party by the superior court, the Commissioner shall within 15 days deliver to the court and to the aggrieved party a statement of the costs incurred in the impoundment and care of the impounded animal or animals. The aggrieved party shall then render payment of such costs to the Commissioner within 15 days after the service of the statement of the costs. If the aggrieved party fails to render payment to the Commissioner within the time period required in this paragraph, the Commissioner may commence and maintain an action against the principal and surety on the bond of the aggrieved party as in any civil action."
SECTION 2. Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," is amended by striking subsection (b) of Code Section 50-13-19, relating to judicial review of contested cases, and inserting in lieu thereof the following:

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"(b) Proceedings for review are instituted by filing a petition within 30 days after the service of the final decision of the agency or, if a rehearing is requested, within 30 days after the decision thereon. The petition may be filed in the Superior Court of Fulton County or in the superior court of the county of residence of the petitioner. When; or, if the petitioner is a corporation, the action may be brought in the Superior Court of Fulton County or in the superior court of the county where the petitioner maintains its principal place of doing business in this state; and provided, further, that all proceedings for review with respect to orders, rules, regulations, or other decisions or directives of the Commissioner of Agriculture may also be brought in the Superior Court of Tift County or the Superior Court of Chatham County. All proceedings for review, however, with respect to orders, rules, regulations, or other decisions or directives of the Public Service Commission must be brought in the Superior Court of Fulton County. Copies of the petition shall be served upon the agency and all parties of record. The petition shall state the nature of the petitioners interest, the fact showing that the petitioner is aggrieved by the decision, and the ground as specified in subsection (h) of this Code section upon which the petitioner contends that the decision should be reversed or modified. The petition may be amended by leave of court."
SECTION 3. Said chapter is further amended in Code Section 50-13-42, relating to applicability of certain provisions relative to the Office of State Administrative Hearings, by striking subsection (a) and inserting in lieu thereof the following:
"(a) In addition to those agencies expressly exempted from the operation of this chapter under paragraph (1) of Code Section 50-13-2, this article shall not apply to the Commissioner of Agriculture, the Public Service Commission, the Health Planning Review Board, or the Department of Community Health or to the Department of Labor with respect to unemployment insurance benefit hearings conducted under the authority of Chapter 8 of Title 34. Such exclusion does not prohibit these such office or agencies from contracting with the Office of State Administrative Hearings on a case-by-case basis."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Crawford of the 91st moved that the House agree to the Senate substitute to HB 1147.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson
Ashe Y Bannister

Y Day Dean
Y Deloach Dix

Y Hill, C.A Y Hill, V Y Hines Y Holmes

Y Mitchell Y Mobley Y Moraitakis Y Morris

Y Sholar Y Sims
Sinkfield Y Skipper

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Barnard Y Barnes
Beasley-Teague Benfield Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Channell Y Childers Y Coan Y Coleman, B Cooper Y Crawford Y Cummings

Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Y Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K
Heath E Heckstall Y Hembree E Henson
Hill, C

Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan
Joyce Y Keen Y Knox
Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar E Mills

Y Mosby Y Mosley Y Murphy, J Y Murphy, Q
Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham
Parrish Y Parsons Y Porter
Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 145, nays 0. The motion prevailed.

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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan
Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

The following Resolution of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HR 132. By Representatives Wilkinson of the 41st, Bunn of the 63rd, Ashe of the 42nd, Post 2, Heckstall of the 48th, Post 3, Franklin of the 17th and others:
A RESOLUTION designating the Keith Kalland Connector; and for other purposes.

WEDNESDAY, APRIL 7, 2004 The following report of the Committee of Conference was read:

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COMMITTEE OF CONFERENCE REPORT ON HR 132

The Committee of Conference on HR 132 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HR 132 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Mike D. Crotts Senator, 17th District

/s/ Paul E. Smith Representative, 13th District, Post 2

/s/ Nathan Dean Senator, 31st District

/s/ Johnny W. Floyd Representative, 132nd District

/s/ Chuck Clay Senator, 37th District

/s/ Mike Barnes Representative, 84th District, Post 2

A RESOLUTION
Designating the Keith Kalland Memorial Highway; and for other purposes.
WHEREAS, Keith Kalland will be long remembered by Atlantans and the countless commuters who valued the daily traffic reports from this wonderful voice in the sky; and
WHEREAS, he was known as the "King of Alternates" given his extraordinary knowledge of all the possible roadways that drivers might use to avoid the tremendous traffic snarls confronting metro commuters at all hours of the day; and
WHEREAS, his wonderful wit and clever lines always seemed to ease the irritation of most drivers as they dealt with the "ubiquitous ladder in the road" hazards and the constant reminder that "You have all weekend to get home"; and
WHEREAS, in addition to his marvelous traffic reports, Keith was a dedicated volunteer for the March of Dimes, Muscular Dystrophy Association, and American Diabetes Association; and this very popular guy was a dear father to two very fortunate sons,

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Robbie and John, and he found time to give back to his community and state in many meaningful ways.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of I-20 South at Georgia Highway 138 South to Georgia Highway 20 South to Georgia Highway 212 be designated as the Keith Kalland Memorial Highway in memory of this highly respected traffic safety reporter, and the Department of Transportation is authorized and directed to erect and maintain signs so designating the highway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Kalland family and to the Commissioner of Transportation.

Representative Wilkinson of the 41st moved that the House adopt the report of the Committee of Conference on HR 132.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson
Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Campbell Y Casas Y Chambers Y Channell

Y Day Dean
Y Deloach Dix
Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin
Gardner Y Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Y Hanner E Harbin Y Harper Y Harrell Y Heard, J

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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
Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch.

Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan
Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson
Willard

Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, APRIL 7, 2004

Y Heard, K Y Heath E Heckstall Y Hembree E Henson Y Hill, C

Y Maxwell Y McBee Y McCall Y McClinton Y Millar E Mills

Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 153, nays 0. The motion prevailed.

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Y Williams, A Williams, E
Y Williams, R Y Wix Y Yates
Coleman, Speaker

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 480. By Representatives Cummings of the 19th and McBee of the 74th:
A BILL to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, so as to provide that a member of such retirement system who has at least 25 years of creditable service may obtain creditable service by paying the full actuarial value of such service; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees Retirement System of Georgia, so as to provide that a member of such retirement system may obtain creditable service by paying the full actuarial value of such service; to provide that application for such service shall be made at the time of retirement; to provide a limitation on the use of such creditable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to

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service creditable toward retirement benefits under the Employees Retirement System of Georgia, is amended by inserting at the end thereof the following:
"47-2-100. (a) Any member of this retirement system may obtain up to an additional three years of creditable service as provided in this Code section. In order to obtain such additional creditable service, the member must:
(1) Make application to the board of trustees in such manner as the board deems appropriate. Such application and payment must be made in conjunction with and simultaneously with the members application for retirement. If the application for retirement is withdrawn or denied, the application to purchase creditable service shall be void; and (2) Pay to the board of trustees an amount determined by the board of trustees to be sufficient to cover the full actuarial cost of granting the creditable service as provided in this Code section. (b) Upon receipt of an application for additional creditable service, the board of trustees shall certify to the applicant the amount of the payment required by paragraph (2) of subsection (a) of this Code section. (c) No creditable service obtained pursuant to this Code section shall be used to calculate the amount of creditable service required to qualify for a benefit under subsection (a) of Code Section 47-2-110 or Code Section 47-2-122."
SECTION 2. This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Cummings of the 19th moved that the House agree to the Senate substitute to HB 480.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson
Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield

Y Day Dean
Y Deloach Dix
Y Dodson Y Dollar Y Dooley Y Douglas

Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell Y Hudson

Y Mitchell Y Mobley Y Moraitakis
Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q

Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T

Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler
Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, APRIL 7, 2004

E Drenner Y Dukes
Ehrhart Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Gardner Y Golick Y Graves, D Y Graves, T Y Greene Greene-Johnson Y Hanner E Harbin Y Harper Harrell Y Heard, J Y Heard, K Y Heath E Heckstall Y Hembree E Henson Y Hill, C

Y Hugley Jackson
Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones
Jordan Joyce Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar E Mills

Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray
Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott
Shaw Y Sheldon

On the motion, the ayes were 143, nays 0. The motion prevailed.

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Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland White Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

Representative White of the 3rd, Post 2 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.

The Speaker Pro Tem assumed the Chair.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Committee of Conference on the following resolution of the House:

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HR 132. By Representatives Wilkinson of the 41st, Bunn of the 63rd, Ashe of the 42nd, Post 2, Heckstall of the 48th, Post 3, Franklin of the 17th and others:
A RESOLUTION designating the Keith Kalland Connector; and for other purposes.

The Speaker Pro Tem announced the House in recess until 1:30 o'clock this afternoon.

WEDNESDAY, APRIL 7, 2004 AFTERNOON SESSION

3555

The Speaker called the House to order.

Representative Hanner of the 133rd District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment 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 1759 Do Pass

Respectfully submitted, /s/ Hanner of the 133rd
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 231 Do Pass, as Amended

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

The following Resolutions of the House were read and adopted:

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HR 1911. By Representative Stephens of the 124th, Post 2:
A RESOLUTION commending the 100 Black Men of Savannah and recognizing it on the occasion of its 8th Annual Scholarship Gala; and for other purposes.

HR 1912. By Representative Birdsong of the 104th:
A RESOLUTION expressing condolences on the passing of Rev. Joe Louis Hill; and for other purposes.

HR 1913. By Representative Chambers of the 53rd:
A RESOLUTION commending and recognizing DeKalb County Fire and Rescue Services Station #2; and for other purposes.

HR 1914. By Representative Chambers of the 53rd:
A RESOLUTION commending and recognizing DeKalb County Fire and Rescue Services Station #18; and for other purposes.

HR 1915. By Representative Chambers of the 53rd:
A RESOLUTION commending and recognizing DeKalb County Fire and Rescue Services Station #19; and for other purposes.

HR 1916. By Representatives Mangham of the 62nd, Stephenson of the 60th, Post 1 and Mosby of the 59th, Post 3:
A RESOLUTION honoring and remembering the life of Sarah Williams; and for other purposes.

HR 1917. By Representative Jenkins of the 8th:
A RESOLUTION commending and recognizing the Dodge Tour de Georgia; and for other purposes.

WEDNESDAY, APRIL 7, 2004

3557

HR 1918. By Representative Orrock of the 51st:
A RESOLUTION commending Mr. James R. "Jim" Bralley and congratulating him on the occasion of his retirement; and for other purposes.

HR 1919. By Representative Reece of the 11th:
A RESOLUTION commending and saluting East Central Elementary School and congratulating it on being named an Effective Practices School; and for other purposes.

HR 1920. By Representative Reece of the 11th:
A RESOLUTION commending and saluting Trion Elementary School and congratulating it on being named an Effective Practices School; and for other purposes.

HR 1921. By Representative Reece of the 11th:
A RESOLUTION commending and saluting Alto Park Elementary School and congratulating it on being named an Effective Practices School; and for other purposes.

HR 1922. By Representative Reece of the 11th:
A RESOLUTION commending and saluting Garden Lakes Elementary School and congratulating it on being named an Effective Practices School; and for other purposes.

HR 1923. By Representative Powell of the 23rd:
A RESOLUTION commending Mr. Jere Ayers and recognizing his Citizen of the Year award; and for other purposes.

HR 1924. By Representative Jackson of the 124th, Post 1:

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A RESOLUTION expressing congratulations and best wishes to Mrs. Allie Mae Sheppard Haggray on the grand occasion of her 80th birthday; and for other purposes.

HR 1925. By Representatives Thomas of the 43rd, Post 1, Dean of the 49th, Orrock of the 51st, Mitchell of the 61st, Post 3 and Hugley of the 113th:
A RESOLUTION commending Sojourner; and for other purposes.

HR 1926. By Representative Noel of the 44th: A RESOLUTION remembering Gordon Bynum, Jr.; and for other purposes.

HR 1927. By Representatives Martin of the 37th, Burkhalter of the 36th and Campbell of the 39th:
A RESOLUTION commending the Chattahoochee High School girls tennis team on their 2003 Class AAAAA state championship; and for other purposes.

HR 1928. By Representatives Martin of the 37th, Burkhalter of the 36th and Campbell of the 39th:
A RESOLUTION commending Mr. Gary Matthew "Matt" Chapman; and for other purposes.

HR 1929. By Representatives Martin of the 37th, Campbell of the 39th and Burkhalter of the 36th:
A RESOLUTION commending the Alpharetta Fire and Emergency Services; and for other purposes.

HR 1930. By Representative Dollar of the 31st:
A RESOLUTION recognizing Mount Bethel United Methodist Church and its "Great Day of Service": and for other purposes.

WEDNESDAY, APRIL 7, 2004

3559

HR 1931. By Representatives Heath of the 18th, Walker of the 115th, Butler of the 88th, Post 1 and Coleman of the 118th:
A RESOLUTION recognizing and expressing appreciation to Martha Greer; and for other purposes.

HR 1932. By Representatives Jamieson of the 22nd, Purcell of the 122nd, Houston of the 139th, Walker of the 115th, Teper of the 42nd, Post 1 and others:
A RESOLUTION recognizing and expressing appreciation to Martha Greer; and for other purposes.

HR 1933. By Representative Rogers of the 20th:
A RESOLUTION commending the Lakeview Academy Literary Team; and for other purposes.

HR 1934. By Representatives Coan of the 67th, Post 1, Walker of the 115th, Coleman of the 118th, Porter of the 119th, McBee of the 74th and others:
A RESOLUTION recognizing and expressing gratitude to Ms. Jane Mayo on the occasion of her retirement; and for other purposes.

HR 1935. By Representatives Mitchell of the 61st, Post 3, Smyre of the 111th, Hugley of the 113th, Stanley-Turner of the 43rd, Post 2, Anderson of the 100th and others:
A RESOLUTION recognizing and supporting "Take a Loved One to the Doctor Day"; and for other purposes.

HR 1936. By Representative Elrod of the 25th:
A RESOLUTION commending the Jefferson High School Wrestling Team; and for other purposes.

HR 1937. By Representatives Elrod of the 25th and Massey of the 24th:

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A RESOLUTION commending the Winder-Barrow Competitive Cheerleading Team; and for other purposes.

HR 1938. By Representative Buckner of the 82nd: A RESOLUTION commending Nicholas Gailey; and for other purposes.

HR 1939. By Representative Buckner of the 82nd:
A RESOLUTION commending Jim and Dottie Corbin; and for other purposes.

HR 1940. By Representative Buckner of the 82nd:
A RESOLUTION commending Jim and Frances Sellars; and for other purposes.

HR 1941. By Representative White of the 3rd, Post 2:
A RESOLUTION commending Ms. Lou Harley and recognizing her Citizen of the Year award; and for other purposes.

HR 1942. By Representative Elrod of the 25th:
A RESOLUTION commending the Commerce Slow-pitch Softball Team; and for other purposes.

HR 1943. By Representative Elrod of the 25th:
A RESOLUTION commending the Commerce Competitive Cheerleading Team; and for other purposes.

HR 1944. By Representatives Birdsong of the 104th, Coleman of the 118th, Warren of the 99th, Heath of the 18th, Douglas of the 73rd and others:

WEDNESDAY, APRIL 7, 2004

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A RESOLUTION recognizing August 6-12, 2004, as "Purple Heart Week" in honor of this state's and our nation's combat wounded veterans; and for other purposes.

HR 1945. By Representatives Smith of the 87th, Westmoreland of the 86th and Harper of the 88th, Post 2:
A RESOLUTION commending Miss Mary Cronbaugh and recognizing and saluting her great service to public education in the State of Georgia; and for other purposes.

HR 1946. By Representatives Smith of the 87th, Westmoreland of the 86th and Harper of the 88th, Post 2:
A RESOLUTION commending Newnan Utilities; and for other purposes.

HR 1947. By Representatives Skipper of the 116th and Richardson of the 26th:
A RESOLUTION recognizing and commending Mr. Doug Cheshire; and for other purposes.

HR 1948. By Representatives Thomas of the 43rd, Post 1, Sinkfield of the 50th, Brooks of the 47th, Mangham of the 62nd, Mobley of the 58th and others:
A RESOLUTION commending and recognizing Ms. Alice Lovelace; and for other purposes.

HR 1949. By Representatives Thomas of the 43rd, Post 1, Sinkfield of the 50th, Brooks of the 47th, Mangham of the 62nd and Orrock of the 51st:
A RESOLUTION commending Ms. Andrea L. Boone; and for other purposes.

HR 1950. By Representatives Thomas of the 43rd, Post 1, Brooks of the 47th, Thomas Morgan of the 33rd, Post 2, Orrock of the 51st and Dean of the 49th:
A RESOLUTION commending Ms. Ama R. Saran; and for other purposes.

3562

JOURNAL OF THE HOUSE

HR 1951. By Representatives Wilkinson of the 41st and Teper of the 42nd, Post 1:
A RESOLUTION honoring Bruce Weinstein on being named the Good Sport of the Year by the Marcus Jewish Community Center; and for other purposes.

HR 1952. By Representatives Wilkinson of the 41st and Jones of the 38th:
A RESOLUTION honoring Jack Elrod on the occasion of his 80th birthday; and for other purposes.

HR 1953. By Representatives Thomas of the 43rd, Post 1, Brooks of the 47th, Sinkfield of the 50th, Mobley of the 58th and Orrock of the 51st:
A RESOLUTION commending Danette McLaurin Glass; and for other purposes.

HR 1954. By Representative Parrish of the 102nd:
A RESOLUTION honoring and remembering the life of Ms. Jane Megahee Sasser; and for other purposes.

HR 1955. By Representative Parrish of the 102nd:
A RESOLUTION commending Ms. Betty Swaim and recognizing her public service to the State of Georgia; and for other purposes.

HR 1956. By Representative Parrish of the 102nd:
A RESOLUTION honoring and remembering the life and service of Mr. James Randolph Smith; and for other purposes.

HR 1957. By Representatives Butler of the 88th, Post 1, Harper of the 88th, Post 2, Stokes of the 72nd, Bordeaux of the 125th, Oliver of the 56th, Post 2 and others:

WEDNESDAY, APRIL 7, 2004

3563

A RESOLUTION commending Kate Weaver and honoring and remembering the life of Donna Hoedt; and for other purposes.

HR 1958. By Representatives Stephenson of the 60th, Post 1, Watson of the 60th, Post 2, Mosby of the 59th, Post 3, Chambers of the 53rd, McClinton of the 59th, Post 1 and others:
A RESOLUTION commending Honorable George Maddox; and for other purposes.

HR 1959. By Representatives Brooks of the 47th, Holmes of the 48th, Post 1, Thomas of the 43rd, Post 1, Orrock of the 51st, Dean of the 49th and others:
A RESOLUTION honoring the life of Maggie Arrington and expressing regret at her passing; and for other purposes.

HR 1960. By Representative White of the 3rd, Post 2:
A RESOLUTION commending Ms. Carolyn Wills, Executive Director, Fannin County Development Authority; and for other purposes.

HR 1961. By Representatives Fleming of the 79th, Harbin of the 80th and Burmeister of the 96th:
A RESOLUTION commending the 265th Engineer Group of the Georgia Army National Guard; and for other purposes.

HR 1962. By Representatives Stephenson of the 60th, Post 1, Watson of the 60th, Post 2, Mosby of the 59th, Post 3, Chambers of the 53rd, McClinton of the 59th, Post 1 and others:
A RESOLUTION commending Honorable Barbara J. Mobley; and for other purposes.

HR 1963. By Representatives Henson of the 55th and Mitchell of the 61st, Post 3:

3564

JOURNAL OF THE HOUSE
A RESOLUTION congratulating Hal Beaver on the occasion of his retirement; and for other purposes.

HR 1964. By Representative Heard of the 70th, Post 3:
A RESOLUTION commending the Georgia MATHCOUNTS state champions James Kim, Harrison Brown, Howard Tong, and Ruby Lai and recognizing the 2004 Georgia MATHCOUNTS Team; and for other purposes.

HR 1965. By Representatives Coleman of the 118th, DeLoach of the 127th, Barnard of the 121st, Post 1, Purcell of the 122nd, Lane of the 101st and others:
A RESOLUTION honoring Mr. John H. Smith, Mr. G.W. Smith, Mr. Alfred G. Oliver, Mr. Clinton Oliver, and Mr. Bert Smith Oliver and recognizing their five generations of dedicated public service to the State of Georgia; and for other purposes.

HR 1966. By Representatives Purcell of the 122nd, Stephens of the 123rd and Lane of the 101st:
A RESOLUTION honoring the memory of Captain Thomas L. Moore IV, USAFR, and expressing regret at his passing; and for other purposes.

HR 1967. By Representatives Purcell of the 122nd, Stephens of the 123rd and Lane of the 101st:
A RESOLUTION honoring the memory of Captain Judson B. Brinson, USAFR, and expressing regret at his passing; and for other purposes.

By unanimous consent, the following Bill of the Senate was taken up for consideration and read the third time:

SB 231. By Senator Price of the 56th:
A BILL to be entitled an Act to amend an Act providing for the establishment of a county-wide library system in Fulton County, approved

WEDNESDAY, APRIL 7, 2004

3565

April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4084), an Act approved April 1, 1996 (Ga. L. 1996, p. 3859), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3635), so as to specify a name for the county-wide library system; to change membership, the number of members, and the selection of members of the library board of trustees; to provide for vacancies and related matters; to provide for the selection of the executive director of the library system and to whom the executive director shall report; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee amendments were read and adopted:

The Committee on State Planning and Community Affairs - Local Legislation moved to amend the Senate substitute to SB 231 by striking the year "2003" each place it appears on line 23 of page 1 and inserting in each such place the year "2004".
By adding after the period on line 15 of page 2 the following:
"At least one of the two City of Atlanta appointed members shall be a resident of that portion of the City of Atlanta which is located within DeKalb County."

The Committee on State Planning and Community Affairs - Local Legislation moves to Amend SB 231 by adding after the word "person" on line 25 of page 2 the following:
"other than a person appointed pursuant to paragraph (4) of subsection (b) of this section".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 123, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

3566

JOURNAL OF THE HOUSE

HB 1441. By Representatives Jones of the 38th, Hill of the 81st, Campbell of the 39th, Dix of the 70th, Post 2 and Burkhalter of the 36th:
A BILL to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to create a new offense relative to trafficking in 3, 4methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine, commonly known as ecstacy; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to create a new offense relative to trafficking in 3, 4-methylenedioxyamphetamine or 3, 4methylenedioxymethamphetamine, commonly known as ecstacy; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, is amended by adding a new Code section to the article to read as follows:
"16-13-31.1. Any person who knowingly sells, manufactures, delivers, brings into this state, or has possession of 28 grams or more of 3, 4-methylenedioxyamphetamine or 3, 4methylenedioxymethamphetamine, or any mixture containing 3,4methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine as described in Schedule I, in violation of this article commits the felony offense of trafficking in 3, 4methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of such substance involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three years but not more than 30 years and shall pay a fine of not less than $25,000.00 nor more than $250,000.00; (2) If the quantity of such substance involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years but not more than 30 years and shall pay a fine of not less than $50,000.00 nor more than $250,000.00; and

WEDNESDAY, APRIL 7, 2004

3567

(3) If the quantity of such substance involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 10 years but not more than 30 years and shall pay a fine of not less than $100,000.00 nor more than $250,000.00." To strike subsection (f) of Code Section 16-13-32.6 to insert in lieu thereof a new subsection (f) to read as follows:
SECTION 1A. (f) The General Assembly hereby adopts and incorporates into this Code section all drugfree commercial zones which have been adopted by municipal or county ordinance and entered in the register of the Department of Community Affairs as provided for in subsection (d) of this Code section on or before March 22, 1999 10, 2004.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Jones of the 38th moved that the House agree to the Senate substitute to HB 1441.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson
Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs
Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter E Burmeister Y Butler Y Campbell

Y Day N Dean Y Deloach Y Dix
Dodson Y Dollar Y Dooley
Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Fludd Y Forster Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Greene-Johnson Y Hanner E Harbin

Y Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard
Howell Y Hudson Y Hugley
Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones
Jordan Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Lucas Lunsford Y Maddox Y Mangham Y Manning

Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J

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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland

3568
Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Marin Y Martin Y Massey Y Maxwell
McBee Y McCall Y McClinton Y Millar Y Mills

Y Roberts, L Y Rogers, C Y Rogers, Ch.
Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 145, nays 1. The motion prevailed.

Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1325. By Representatives McBee of the 74th, Purcell of the 122nd, Greene of the 134th, Holmes of the 48th, Post 1 and Cummings of the 19th:
A BILL to amend Chapters 2 and 3 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education and to postsecondary education, respectively, so as to change the reporting system and method for determining eligibility for HOPE scholarships, other scholarships, grants, or loan assistance, and certain postsecondary courses and advanced placement courses for students graduating from high school in 2007 and thereafter; and for other purposes.

Representative Gardner of the 42nd, Post 3 moved that the House insist on its position in disagreeing to the Senate substitute to HB 1325 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives McBee of the 74th, Porter of the 119th and Gardner of the 42nd, Post 3.

WEDNESDAY, APRIL 7, 2004

3569

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 418. By Senators Unterman of the 45th, Collins of the 6th, Johnson of the 1st, Balfour of the 9th, Lee of the 29th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide for the crime of female genital mutilation; to provide for penalties; to provide for exceptions; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Representative Orrock of the 51st moved that the House adhere to its position in insisting on its substitute to SB 418 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Orrock of the 51st, Oliver of the 56th, Post 2 and Mobley of the 58th.

The following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
SB 297. By Senators Seabaugh of the 28th, Hamrick of the 30th, Mullis of the 53rd and Smith of the 52nd:
A BILL to be entitled an Act to amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer and impersonating a law enforcement officer, so as to provide that the offense of fleeing or attempting to elude a police officer shall be a felony; to change the provisions relating to penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following substitute, offered by Representatives Hill of the 81st, Stokes of the 72nd and Jenkins of the 93rd was read and adopted:

3570

JOURNAL OF THE HOUSE

A BILL
To amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer and impersonating a law enforcement officer, so as to change certain provisions relating to the nature of the offense and penalties for violations of said Code section; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer and impersonating a law enforcement officer, is amended by striking subparagraph (A) of paragraph (5) of said Code section and inserting in its place the following:
"(5)(A) Any person violating the provisions of subsection (a) of this Code section who, while fleeing or attempting to elude a pursuing police vehicle or police officer in an attempt to escape arrest for a felony any offense other than a violation of this chapter, operates his or her vehicle in excess of 30 miles an hour above the posted speed limit, strikes or collides with another vehicle or a pedestrian, flees in traffic conditions which place the general public at risk of receiving serious injuries, or leaves the state shall be guilty of a felony punishable by a fine of $5,000.00 and or imprisonment for not less than one year nor more than five years or both."
SECTION 2. 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, was agreed to, by substitute.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux

Y Day N Dean Y Deloach Y Dix Y Dodson
Dollar Y Dooley
Douglas Y Drenner Y Dukes
Ehrhart Y Elrod

Y Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal

Y Sholar 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 Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, APRIL 7, 2004

Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Greene-Johnson Y Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis
Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Orrock Y Parham
Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

3571
Y Stephens, E Y Stephens, R Y 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
Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 156, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 656. By Representatives Chambers of the 53rd, Ehrhart of the 28th, Oliver of the 56th, Post 2, Jamieson of the 22nd, Moraitakis of the 42nd, Post 4 and others:
A BILL to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to require that consumer reporting agencies notify consumers when a person other than a person with whom the consumer already has a business relationship makes an inquiry concerning the consumer's file with such agency; and for other purposes.

The following Senate substitute was read and adopted:

3572

JOURNAL OF THE HOUSE

A BILL
To amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to require that credit card issuers take steps to verify a consumers change of address when a person responds by mail to an unsolicited application for credit and provides an address that is different from the address to which such solicitation was mailed; to provide an exception; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, is amended by adding a new paragraph (29.1) to read as follows:
"(29.1) With respect to any credit card issuer: (A) A credit card issuer who mails an unsolicited offer or solicitation to apply for a credit card and who receives by mail a completed application in response to the solicitation which lists an address that is not substantially the same as the address on the solicitation may not issue a credit card based on that application until steps have been taken to verify the applicants valid address to the same extent required by regulations prescribed pursuant to subsection (l) of 31 U.S.C. Section 5318. Any person who violates this paragraph commits an unlawful practice within the meaning of this Act. (B) Notwithstanding subparagraph (A) of this paragraph, a credit card issuer, upon receiving an application, may issue a credit card to a consumer or commercial customer with whom it already has a business relationship provided the address to which the card is mailed is a valid address based upon information in the records of the credit card issuer or its affiliates;".
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Chambers of the 53rd moved that the House agree to the Senate substitute to HB 656.

The following amendment was read:

WEDNESDAY, APRIL 7, 2004

3573

Representatives Borders of the 142nd and Noel of the 44th move to amend the Senate substitute to HB 656 by striking lines 1 and 2 of page 1 and inserting in lieu thereof the following:
"To amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, so as to require that credit card issuers".
By inserting on line 5 of page 1 after "exception;" the following:
"to require employees at an inbound call center to disclose the employees name, the name of his or her employer, and the physical location of such employee; to provide for an exception; to provide a penalty;"
By striking lines 9 and 10 of page 1 and inserting in lieu thereof the following:
"Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, is amended by adding a new paragraph (29.1) to subsection (b) of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions,".
By redesignating Section 2 as Section 3 and by inserting a new Section 2 to read as follows:
"SECTION 2. Said article is further amended by inserting at the end of said article a new Part 7 to read as follows:
'Part 7
10-1-439. As used in this part, the term:
(1) "Customer" means any person who places a call to an inbound call center. (2) "Inbound call center" means a physical or electronic operation that utilizes telecommunication services or electronic mail in one or more of the following activities: customer services, soliciting sales, reactivating dormant accounts, conducting surveys or research, collection of receivables, receiving reservations, receiving orders, or taking orders. (3) "Personal information" means any personally identifiable information that is provided by a person to an inbound call center, which shall include, but not be limited to, financial and credit information or a name, address, telephone number, or Social Security number.

3574

JOURNAL OF THE HOUSE

10-1-439.1. (a) Any company, firm, association, corporation, subsidiary of a corporation, or other business entity that utilizes an inbound call center to receive telephone calls from customers shall require that within the first 30 seconds of any such call and prior to the disclosure of any personal information by the customer, the employee taking the call at the call center shall provide the customer with the following information:
(1) His or her name; (2) The name of his or her employer; and (3) The city, state, and country where the inbound call center is located. (b) The provisions of subsection (a) of this Code section shall not apply to a company, firm, association, corporation, or other business entity which is domiciled in this state and which utilizes an inbound call center located within the United States or within a territorial possession of the United States; provided, however, that the provisions of subsection (a) of this Code section shall apply to any such business entity that uses inmate labor to staff an inbound call center.
10-1-439.2. A willful violation of this article shall constitute an unfair or deceptive trade practice under Part 2 of this article.'"

Representative Borders of the 142nd moved that the House agree to the Senate substitute, as amended by the House, to HB 656.

On the motion the roll call was ordered and the vote was as follows:

N Amerson Y Anderson N Ashe N Bannister N Barnard Y Barnes
Beasley-Teague Y Benfield N Birdsong Y Black Y Boggs Y Bordeaux Y Borders
Bridges N Brock Y Brooks Y Broome N Brown E Bruce E Buck Y Buckner, D
Buckner, G

N Day Dean
N Deloach Y Dix
Dodson N Dollar Y Dooley N Douglas Y Drenner
Dukes N Ehrhart N Elrod Y Epps N Fleming N Floyd, H Y Floyd, J
Fludd N Forster N Franklin
Gardner Y Golick N Graves, D

N Hill, C.A N Hill, V N Hines
Holmes Y Houston Y Howard Y Howell N Hudson Y Hugley Y Jackson Y James N Jamieson N Jenkins, C Y Jenkins, C.F N Jones Y Jordan N Joyce N Keen N Knox N Lane N Lewis Y Lord

Mitchell Mobley Y Moraitakis Y Morris Y Mosby N Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Parrish N Parsons Y Porter N Powell N Purcell N Ralston Y Randall N Ray

Y Sholar Y Sims
Sinkfield Skipper N Smith, B Smith, L Y Smith, P Y Smith, T N Smith, V Smyre N Snow Y Stanley-Turner N Stephens, E N Stephens, R Stephenson N Stokes Stoner Y Teilhet Y Teper Thomas Morgan Y Thomas, A.M Y Thompson

Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers N Channell Y Childers
Coan N Coleman, B N Cooper N Crawford N Cummings

WEDNESDAY, APRIL 7, 2004

N Graves, T Y Greene N Greene-Johnson Y Hanner E Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath N Heckstall N Hembree Y Henson N Hill, C

Lucas N Lunsford
Maddox Mangham N Manning N Marin N Martin N Massey N Maxwell Y McBee N McCall Y McClinton N Millar N Mills

Reece, B N Reece, S N Rice N Richardson N Roberts, J
Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw N Sheldon

On the motion, the ayes were 59, nays 89. The motion was lost.

3575
N Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A N Williams, E N Williams, R
Wix N Yates
Coleman, Speaker

On the motion that the House agree to the Senate substitute to HB 656, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders
Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers

Y Day Dean
Y Deloach Y Dix
Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Ehrhart Y Elrod Y Epps Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Y Harper Y Harrell

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J
Roberts, L Y Rogers, C

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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Y Thomas, A.M
Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson

3576
Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford
Cummings

JOURNAL OF THE HOUSE

Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills

Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 159, nays 0. The motion prevailed.

Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

By unanimous consent, the Speaker removed Representative Buck of the 112th from the Committee of Conference on HB 1181 and appointed Representative Channell of the 77th.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1303. By Representative Jamieson of the 22nd:
A BILL to amend code Section 44-14-471 of the Official Code of Georgia Annotated, relating to the perfection of hospital, nursing home, and traumatic burn care medical practice liens, so as to change certain provisions regarding notice; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of hospitals and nursing homes, so as to allow a physician practice to have a lien on a cause of action accruing to an injured person for the costs of care and treatment arising out of the cause of action; to define a term; to change certain provisions regarding notice; to provide for related matters relative to filing a lien; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

WEDNESDAY, APRIL 7, 2004

3577

Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of hospitals and nursing homes, is amended by striking Code Section 4414-470, relating to lien on causes of action accruing to injured person for costs of care and treatment of injuries arising out of such causes of action, and inserting in its place the following:
"44-14-470. (a) Except where the context otherwise requires in subsection (b) of this Code section, as used in this part, the term:
(1) 'Hospital' means any hospital or nursing home subject to regulation and licensure by the Department of Human Resources. (2) 'Hospital care, treatment, or services' means care, treatment, or services furnished by a hospital or nursing home. (3) 'Nursing home' means any intermediate care home, skilled nursing home, or intermingled home. (4) 'Physician practice' means any medical practice that includes one or more physicians licensed to practice medicine in this state. (4)(5) 'Traumatic burn care medical practice' means care, treatment, or services rendered by a medical practice with respect to a patient whose burn care, treatment, or services resulted in charges in excess of $50,000.00, arising out of a single accident or occurrence. (b) Any person, firm, hospital authority, or corporation operating a hospital, or nursing home, or physician practice or providing traumatic burn care medical practice in this state shall have a lien for the reasonable charges for hospital, nursing home, physician practice, or traumatic burn care medical practice care and treatment of an injured person, which lien shall be upon any and all causes of action accruing to the person to whom the care was furnished or to the legal representative of such person on account of injuries giving rise to the causes of action and which necessitated the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice care, subject, however, to any attorneys lien. The lien provided for in this subsection is only a lien against such causes of action and shall not be a lien against such injured person, such legal representative, or any other property or assets of such persons and shall not be evidence of such persons failure to pay a debt. This subsection shall not be construed to interfere with the exemption from this part provided by Code Section 4414-474."
SECTION 2. Said part is further amended in Code Section 44-14-471, relating to the perfection of hospital, nursing home, and traumatic burn care medical practice liens, is amended by striking subsection (a) and inserting in its place the following:
"(a) In order to perfect the lien provided for in Code Section 44-14-470, the operator of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice:

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(1) Within 30 days after the person has been discharged therefrom, shall Shall, not less than 30 days prior to the date of filing the statement required under paragraph (2) of this subsection, provide written notice to the patient and, to the best of the claimants knowledge, the persons, firms, corporations, and their insurers claimed by the injured person or the legal representative of the injured person to be liable for damages arising from the injuries and shall include in such notice a statement that the lien is not a lien against the patient or any other property or assets of the patient and is not evidence of the patients failure to pay a debt. Such notice shall be sent to all such persons and entities by first-class and certified mail or statutory overnight delivery, return receipt requested; and (2) Shall file, no sooner than 15 30 days after the date of the written notice provided for in this Code section, in the office of the clerk of the superior court of the county in which the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice is located and in the county wherein the patient resides, if a resident of this state, a verified statement setting forth the name and address of the patient as it appears on the records of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice; the name and location of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice and the name and address of the operator thereof; the dates of admission and discharge of the patient therefrom or with respect to a physician practice, the dates of treatment; and the amount claimed to be due for the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice care."
SECTION 3. Said part is further amended by striking Code Section 44-14-472, relating to the duties of the clerk of the superior court with respect to liens of hospital, nursing home, and traumatic burn care medical practice liens, and inserting in its place the following:
"44-14-472. The clerk of the superior court shall endorse the date and hour of filing on the statement filed pursuant to Code Section 44-14-471; and, at the expense of the county, the clerk shall provide a lien book with a proper index in which the clerk shall enter the date and hour of the filing; the names and addresses of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice, the operators thereof, and the patient; and the amount claimed. Notwithstanding the provisions in Code Section 44-2-2, a lien provided for in Code Section 44-14-470 shall be filed in a separate docket from and shall not be commingled with judgment liens, materialmens liens, mechanics liens, tax liens, lis pendens notices, or any other liens that attach to the person or property of an individual. The information shall be recorded in the name of the patient. The clerk shall receive a fee as required by subparagraph (f)(1)(A) of Code Section 15-6-77 as his or her fee for such filing."
SECTION 4. Said part is further amended by striking Code Section 44-14-473, relating to the effect of

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a covenant not to bring an action, actions to enforce liens, and affidavits of payment, and inserting in its place the following:
"44-14-473. (a) No release of the cause or causes of action or of any judgment thereon or any covenant not to bring an action thereon shall be valid or effectual against the lien created by Code Section 44-14-470 unless the holder thereof shall join therein or execute a release of the lien; and the claimant or assignee of the lien may enforce the lien by an action against the person, firm, or corporation liable for the damages or such person, firm, or corporations insurer. If the claimant prevails in the action, the court may allow reasonable attorneys fees. The action shall be commenced against the person liable for the damages or such persons insurer within one year after the date the liability is finally determined by a settlement, by a release, by a covenant not to bring an action, or by the judgment of a court of competent jurisdiction. (b) No release or covenant not to bring an action which is made before or after the patient was discharged from the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice shall be effective against the lien perfected in due time as provided in subsection (a) of this Code section, regardless of whether the release, covenant not to bring an action, or settlement was made prior to the time of the filing of the lien as specified in Code Sections 44-14-470 and 44-14-471; provided, however, that any person, firm, or corporation which consummates a settlement, release, or covenant not to bring an action with the person to whom hospital, nursing home, physician practice, or traumatic burn care medical practice care, treatment, or services were furnished and which first procures therefrom an affidavit as prescribed in subsection (c) of this Code section shall not be bound or otherwise affected by the lien except as provided in subsection (c) of this Code section, regardless of when the settlement, release, or covenant not to bring an action was consummated. (c) The affidavit shall affirm:
(1) That all hospital, nursing home, physician practice, or provider of traumatic burn care medical practice bills incurred for treatment for the injuries for which a settlement is made have been fully paid; and (2) The county of residence of such affiant, if a resident of this state; provided, however, that the person taking the affidavit shall not be protected thereby where the affidavit alleges the county of the affiants residence and the lien of the claimant is at such time on file in the office of the clerk of the superior court of the county and is recorded in the name of the patient as it appears in the affidavit."
SECTION 5. Said part is further amended by striking Code Section 44-14-475, relating to the effect of this part on settlement before entry into a hospital, nursing home, or traumatic burn care medical facility, and inserting in its place the following:
"44-14-475. No settlement or release entered into or executed prior to the entry of the injured party into the hospital, nursing home, physician practice, or facility which provides traumatic

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burn care medical practice shall be affected by or subject to the terms of this part."
SECTION 6. Said part is further amended by striking Code Section 44-14-476, relating to independent rights of action of a hospital, nursing home, or traumatic burn care medical facility, and inserting in its place the following:
"44-14-476. This part shall not be construed to give any hospital, nursing home, physician practice, or provider of traumatic burn care medical practice referred to in this part an independent right of action to determine liability for injuries sustained by a person or firm."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Jamieson of the 22nd moved that the House agree to the Senate substitute to HB 1303.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black N Boggs Y Bordeaux
Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin
Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner E Harbin Y Harper
Harrell

Y 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
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas N Lunsford
Maddox Y Mangham Y Manning Y Marin Y Martin

Y Mitchell Y Mobley N Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J
Roberts, L Rogers, C

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson

Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, APRIL 7, 2004

Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 158, nays 3. The motion prevailed.

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Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

Representative Powell of the 23rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 153 Do Pass, by Substitute

Respectfully submitted, /s/ Powell of the 23rd
Chairman

The following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
SB 541. By Senators Smith of the 52nd, Gillis of the 20th, Mullis of the 53rd and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that certain applications for resident hunting, fishing, or trapping licenses shall also serve as applications for voter registration; to provide for procedures and administration related thereto; to change certain provisions relating to application for registration; to repeal conflicting laws; and for other purposes.

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The following Committee substitute was read and adopted:

A BILL
To amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that certain applications for resident hunting, fishing, or trapping licenses shall also serve as applications for voter registration; to provide for procedures and administration related thereto; to change certain provisions relating to application for registration; to provide an effective date and implementation; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, is amended by striking subsection (a) of Code Section 21-2-220, relating to application for registration, rejection for failure to provide required information or for submission of false information, and aid to disabled or illiterate, and inserting in lieu thereof the following:
"(a) Any person desiring to register as an elector shall apply to do so by making application to a registrar or deputy registrar of such persons county of residence in person, by submission of the federal post card application form as authorized under Code Section 21-2-219, by making application through the Department of Motor Vehicle Safety as provided in Code Section 21-2-221, by making application through the Department of Natural Resources as provided in Code Section 21-2-221.1, by making application through designated offices as provided in Code Section 21-2-222, or by making application by mail as provided in Code Section 21-2-223."
SECTION 2. Said article is further amended by inserting a new Code Section 21-2-221.1 to read as follows:
"21-2-221.1. (a) Each application to obtain a resident hunting, fishing, or trapping license issued by the Department of Natural Resources pursuant to Chapter 2 of Title 27 and made by an applicant who is within six months of such applicants eighteenth birthday or older shall also serve as an application for voter registration unless the applicant declines to register to vote through specific declination or by failing to sign the voter registration application. (b) The Board of Natural Resources and the Secretary of State shall agree upon and design such procedures and forms as will be necessary to comply with this Code section, including without limitation procedures applicable to processing of applications

WEDNESDAY, APRIL 7, 2004

3583

received by persons approved as license agents for the Department of Natural Resources pursuant to Code Section 27-2-2. (c) The forms designed by the Board of Natural Resources and the Secretary of State:
(1) Shall not require the applicant to duplicate any information required in the resident hunting, fishing, or trapping license portion of the application with the exception of a second signature; (2) Shall include such information as required on other voter registration cards issued by the Secretary of State; (3) Shall contain a statement that states each eligibility requirement contained in Code Section 21-2-216, that contains an attestation that the applicant meets each such requirement, and that requires the signature of the applicant under penalty of false swearing; and (4) Shall include, in print that is identical to that used in the attestation, the penalties provided by law for submission of a false voter registration application; and a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes. (d) Any person when acting as a license agent for the Department of Natural Resources shall not: (1) Seek to influence an applicants political preference; (2) Display on his or her person any such political preference or political party or body allegiance; (3) Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from applying to register to vote; or (4) Make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to apply to register or not to apply to register to vote has any bearing on the availability of services or benefits. (e) License agents for the Department of Natural Resources acting under this Code section shall not be considered to be deputy registrars under this chapter or any rules and regulations promulgated thereunder. (f) The Department of Natural Resources shall transmit the completed applications for voter registration to the Secretary of State at the conclusion of each business day. The Secretary of State shall forward the applications to the appropriate county board of registrars to determine the eligibility of the applicant and, if found eligible, to add the applicants name to the list of electors and to place the applicant in the correct precinct and voting districts. (g) The Department of Natural Resources shall maintain such statistical records on the number of registrations and declinations as requested by the Secretary of State. (h) Information relating to the failure of an applicant for a resident hunting, fishing, or trapping license issued by the Department of Natural Resources to sign a voter registration application shall not be used for any purpose other than voter registration and shall not be subject to public inspection.

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(i) The Secretary of State and the Board of Natural Resources shall have the authority to promulgate rules and regulations to provide for the transmission of voter registration applications and signatures electronically. Such electronically transmitted signatures shall be valid as signatures on the voter registration application and shall be treated in all respects as a manually written original signature and shall be recognized as such in any matter concerning the voter registration application. (j) The forms and procedures to implement and administer this Code section shall be designed in a manner such that license agents for the Department of Natural Resources shall not incur any expenses nor be required to make any reports in implementing and administering this Code section in addition to those presently required of such license agents in issuing fishing, hunting, and trapping licenses, other than providing information to the Department of Natural Resources at the time the license application is processed necessary to comply with state and federal voter laws on voter registration. (k) License agents for the Department of Natural Resources acting under this Code section whose businesses are authorized to sell alcoholic beverages for on-premises consumption may notify the Department of Natural Resources of their desire to opt out of the requirements of this Code section and shall thereafter not be required to comply with this Code section."
SECTION 3. This Act shall become effective on July 1, 2005, or upon appropriation of funding for its implementation by the Department of Natural Resources.
SECTION 4. 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 Anderson
Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs N Bordeaux Y Borders

Y Day Dean
Y Deloach Y Dix
Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Ehrhart Y Elrod Y Epps

Y Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C

Y Mitchell Y Mobley N Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B N Oliver, M Y O'Neal N Orrock

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E

Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, APRIL 7, 2004

Y Fleming Y Floyd, H
Floyd, J Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y 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 Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

3585
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
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 156, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Westmoreland of the 86th 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.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitutes to the following bills of the Senate:
SB 456. By Senators Lee of the 29th, Brush of the 24th, Shafer of the 48th and Smith of the 52nd:
A BILL to be entitled an Act to amend Chapter 1A of Title 20 of the O.C.G.A., relating to the Office of School Readiness, so as to change the

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name of the Office of School Readiness to Bright From The Start: Georgias Office of Early Care and Education; to make the office a separate budget unit; to revise definitions; to change certain provisions relating to the director of the office; to add certain powers and duties of the office; to revise certain references for conformity purposes; to change references to Code Section 495-12 to 49-5-3 in certain Code sections in Titles 19 and 31 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 486. By Senators Seabaugh of the 28th, Hudgens of the 47th, Balfour of the 9th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, so as to provide that the State Personnel Board shall establish and administer a special pay plan qualified under Section 401(a) of the federal Internal Revenue Code; to define certain terms; to provide for participation; to provide for limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 489. By Senators Mullis of the 53rd, Williams of the 19th, Smith of the 52nd and Zamarripa of the 36th:
A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of the roadway, overtaking and passing, and following too closely, so as to amend the definition of the term "truck"; to provide that buses and motorcoaches being operated on multilane highways shall operate only in certain lanes; to provide an exception for buses and motorcoaches moving to and from HOV lanes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendments to the following bill of the Senate:
SB 461. By Senators Balfour of the 9th and Levetan of the 40th:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain provisions relating to records of certificates of registration and certificates of title; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following bill of the Senate:

WEDNESDAY, APRIL 7, 2004

3587

SB 496. By Senators Hill of the 4th, Harp of the 16th, Harbison of the 15th and Crotts of the 17th:
A BILL to be entitled an Act to amend Part 3 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the adjutant general and other executives, so as to provide that the adjutant general may appoint officers of the organized militia as deputy assistant adjutants general; to provide that such deputy adjutant generals shall be of field rank or general officer rank; to repeal conflicting laws; and for other purposes.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 1325. By Representatives McBee of the 74th, Purcell of the 122nd, Greene of the 134th, Holmes of the 48th, Post 1 and Cummings of the 19th:
A BILL to amend Chapters 2 and 3 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education and to postsecondary education, respectively, so as to change the reporting system and method for determining eligibility for HOPE scholarships, other scholarships, grants, or loan assistance, and certain postsecondary courses and advanced placement courses for students graduating from high school in 2007 and thereafter; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Stephens of the 51st, Hamrick of the 30th, and Kemp of the 46th.
The Senate has agreed to the House substitutes to the following bills and resolution of the Senate:
SB 502. By Senators Thomas of the 54th and Unterman of the 45th:
A BILL to be entitled an Act to amend Code Section 16-13-71 of the Official Code of Georgia Annotated, relating to the definition of dangerous drug, so as to change certain provisions relating to Schedule II; to change certain provisions relating to general registration requirements; to regulate certain opioid treatments; to change certain provisions relating to the definition of dangerous drug; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 531. By Senators Seabaugh of the 28th, Mullis of the 53rd and Meyer von Bremen of the 12th:

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A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to the Department of Industry, Trade, and Tourism, so as to authorize the Department of Industry, Trade, and Tourism to acquire personal property with no mandatory requirement that the department proceed through the Department of Administrative Services; to provide for certain other procedures, conditions, qualifications, limitations, and restrictions; to provide for certain exemptions from Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 555. By Senators Hall of the 22nd and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Chapter 3 of Title 14 of the O.C.G.A., relating to nonprofit corporations, so as to provide for the updating of provisions relating to nonprofit corporations; to provide for definitions; to change certain provisions relating to notice requirements so as to provide for notice by electronic transmission; to provide for voting by electronic transmission pursuant to a court ordered meeting; to change certain provisions relating to publication of notice of intent to file articles of incorporation; to change a reference relating to ultra vires purposes and powers for conformity purposes; to change certain provisions relating to the definition of "nonprofit" and rights and powers of a nonprofit corporation; to amend Article 3 of Chapter 5 of Title 14 of the O.C.G.A., relating to corporations organized for religious, fraternal, or educational purposes, to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 584. By Senators Unterman of the 45th, Adelman of the 42nd and Levetan of the 40th:
A BILL to be entitled an Act to amend Code Section 45-20-51 of the Official Code of Georgia Annotated, relating to definitions concerning voluntary deductions from wages or salaries of state employees for the benefit of charitable organizations, so as to include as eligible charitable organizations federated charitable organizations with offices in this state that provide international health and welfare services; to provide for related matters; to repeal conflicting laws; and for other purposes.
SR 704. By Senators Hall of the 22nd and Cheeks of the 23rd:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Richmond County, Georgia; to repeal conflicting laws; and for other purposes.

WEDNESDAY, APRIL 7, 2004

3589

The Senate has agreed to the House amendment to the following resolution of the Senate:
SR 843. By Senators Hall of the 22nd, Cheeks of the 23rd, Johnson of the 1st, Williams of the 19th, Hill of the 4th and others:
A RESOLUTION designating the Woodpecker Trail Highway; and for other purposes.
The Senate has agreed to the House amendment as amended by the Senate to the Senate substitute to the following bill of the House:
HB 1003. By Representatives Powell of the 23rd, Bruce of the 45th, Westmoreland of the 86th, Stoner of the 34th, Post 1, DeLoach of the 127th and others:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the State Licensing Board for Residential and General Contractors; and for other purposes.
The Senate has agreed to the House amendment as amended by the Senate to the Senate substitute to the following bill of the House:
HB 1175. By Representatives Jamieson of the 22nd, Greene of the 134th, Oliver of the 56th, Post 2, Stephens of the 123rd, Graves of the 106th and others:
A BILL to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to provide for applicability of such chapter with respect to cosmetology training programs operated by the Department of Corrections, the instructors of such programs, or inmates enrolled in such programs; and for other purposes.
The Senate has agreed to the House amendment to the Senate amendment to the following bill of the House:
HB 1685. By Representatives Brown of the 89th and Smith of the 110th:
A BILL to amend an Act creating the State Court of Troup County, so as to provide for a full-time solicitor-general; to provide for the compensation of said solicitor-general; and for other purposes.
The Senate recedes from its substitute to the following bill of the House:
HB 1715. By Representatives Hembree of the 46th, Maxwell of the 27th, Brooks of the 47th, Bruce of the 45th, Wix of the 33rd, Post 1 and others:

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A BILL to create the Western Area Regional Radio System Authority; and for other purposes.
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
SB 431. By Senators Kemp of the 46th, Hall of the 22nd, Collins of the 6th, Tolleson of the 18th, Gillis of the 20th and others:
A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to provide for notification to the members of the General Assembly of the availability of annual reports, budgets, and audits; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1709. By Representatives Channell of the 77th, Parrish of the 102nd, Shaw of the 143rd, Orrock of the 51st and Parham of the 94th:
A BILL to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide that nursing homes annually offer an influenza virus vaccine to all medicare and Medicaid eligible patients and private pay patients in their facilities; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide that nursing homes annually offer an influenza virus vaccine to all medicare and Medicaid eligible patients and private pay patients and a pneumococcal bacteria vaccine to all medicare eligible and private pay patients over 65 years of age in their facilities; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

WEDNESDAY, APRIL 7, 2004

3591

SECTION 1. Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by striking subsection (a) of Code Section 31-7-2.1, relating to rules and regulations, availability of reports of cited deficiencies, and disclosure of survey worksheets and documents, and inserting in its place the following:
"(a) The department shall adopt and promulgate such reasonable rules and regulations which in its judgment are necessary to protect the health and lives of patients and shall prescribe and set out the kind and quality of building, equipment, facilities, and institutional services which institutions shall have and use in order to properly care for their patients. Such rules and regulations shall require that all nursing homes annually offer unless contraindicated, contingent on availability, an influenza virus vaccine to all medicare and Medicaid eligible patients and private pay patients in their facilities, in accordance with the rules and regulations established pursuant to this subsection. Such rules and regulations shall also require that all nursing homes annually offer unless contraindicated, contingent on availability, a pneumococcal bacteria vaccine to all medicare eligible patients and all private pay patients, 65 years of age or older, in their facilities, in accordance with the rules and regulations established pursuant to this subsection."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Channell of the 77th moved that the House agree to the Senate substitute to HB 1709.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown

Y Day Dean
Y Deloach Y Dix
Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming
Floyd, H Y Floyd, J Y Fludd
Forster

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley
Jackson Y James Y Jamieson Y Jenkins, C
Jenkins, C.F Y Jones Y Jordan Y Joyce
Keen

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell

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 Y Stanley-Turner
Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet

3592
E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin
Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Knox Y Lane Y Lewis
Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Purcell Ralston Randall Ray
Y Reece, B Reece, S
Y Rice Richardson
Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 153, nays 1. The motion prevailed.

Y Teper Y Thomas Morgan Y Thomas, A.M
Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

Representatives Forster of the 3rd, Post 1 and Jenkins of the 8th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has disagreed to the House substitute to the following bill of the Senate:
SB 148. By Senators Squires of the 5th and Clay of the 37th:
A BILL to be entitled an Act to amend Part 6 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to deprivation, so as to change and reorganize provisions relating to allegedly deprived children; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate:

WEDNESDAY, APRIL 7, 2004

3593

SB 563. By Senators Hamrick of the 30th, Seabaugh of the 28th, Harbison of the 15th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 8 of the O.C.G.A., relating to buildings and standards of construction, so as to provide legislative findings; to provide for an alternative dispute mechanism to resolve disputes regarding construction defects; to provide definitions relating to construction; to provide for a written notice of claim by the claimant to the contractor; to provide for a written response by the contractor; to provide for access to dwellings for inspections and repairs; to provide for offers of settlement or repair or both; to provide immunity from liability for certain conditions; to provide for notice of a contractors right to resolve construction defects; to provide for claims by associations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment to the Senate amendment to the following bill of the House:
HB 198. By Representatives Buckner of the 82nd, Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Jamieson of the 22nd, Coleman of the 65th and others:
A BILL to amend Part 10 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Professional Standards Act," so as to revise provisions relating to the Professional Standards Commission and its powers and duties; to provide that members of local boards of education shall be subject to the jurisdiction of the commission; and for other purposes.

The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendments thereto:

HB 1555. By Representatives Channell of the 77th, Watson of the 60th, Post 2 and Teilhet of the 34th, Post 2:
A BILL to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to extend the suspension of the surcharge on the employer contribution rate based upon the State-wide Reserve Ratio; and for other purposes.

The following Senate substitute was read:

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JOURNAL OF THE HOUSE

A BILL
To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide for the lifting of the sunset provision of the alternative base period; to extend the suspension of the surcharge on the employer contribution rate based upon the State-wide Reserve Ratio; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by lifting the sunset on the alternative base period by striking Code Section 34-8-21, relating to the definition of "base period," and inserting in lieu thereof the following:
"34-8-21. (a) Except as provided in subsection (b) of this Code section, as used in this chapter, the term 'base period' means the first four of the last five completed calendar quarters immediately preceding the first day of an individuals benefit year; provided, however, that, in the case of a combined wage claim under Code Section 34-8-80, the base period shall be that applicable under the unemployment compensation law of the paying state. (b) If an individual does not have sufficient wages to qualify for benefits under the definition of base period in subsection (a) of this Code section, then his or her base period shall be calculated using the last four completed quarters immediately preceding the first day of the individuals benefit year. Such base period shall be known as the 'alternative base period.' Applicants shall receive written notice of the alternative base period. Implementation of the alternative base period shall commence on January 1, 2003, and shall conclude and terminate on June 30, 2004. Implementation of the alternative base period under this subsection shall be under such terms and conditions as the Commissioner may prescribe by rules and regulations. All benefit payments made under this subsection shall be paid exclusively from amounts credited to the account of this state in the Unemployment Trust Fund by the secretary of the treasury of the United States pursuant to Section 903 of the federal Social Security Act, as amended by the Job Creation and Worker Assistance Act of 2002 (P.L. 107-147)."
SECTION 2. Said chapter is further amended by striking subparagraph (d)(4)(B) of Code Section 34-8156, relating to the State-wide Reserve Ratio, and inserting in lieu thereof a new subparagraph (d)(4)(B) to read as follows:
"(B) Except for any year or portion of a year during which the provisions of paragraph (1) of subsection (f) of Code Section 34-8-155 apply, when the Statewide Reserve Ratio, as calculated above, is less than 1.7 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose

WEDNESDAY, APRIL 7, 2004

3595

rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table:
If the State-wide Reserve Ratio:

Equals or Exceeds

But Is Less Than

Overall Increase

1.5 percent

1.7 percent

25 percent

1.25 percent

1.5 percent

50 percent

0.75 percent

1.25 percent

75 percent

Under 0.75 percent

100 percent

provided, however, that for the period of January 1 through December 31, 2004

2005, the overall increase in the rate required under this subparagraph shall be

suspended and the provisions of this subparagraph shall be null and void, except in

the event the State-wide Reserve Ratio, as calculated above, is less than 1.00

percent, then the Commissioner of Labor shall have the option of imposing an

increase in the overall rate of up to 35 percent, as of the computation date, for each

employer whose rate is computed under a rate table in Code Section 34-8-155. The

issues of part-time employment coverage and military transfer coverage will be

considered in a study committee to meet in the summer of 2003."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Orrock of the 51st et al. move to amend the Senate substitute to HB 1555 by inserting after "period;" on line 3 on page 1 "to provide a definition;".
By redesignating Sections 2 through 4 as Sections 3 through 5, respectively.
By inserting after line 4 on page 2 the following:
"SECTION 2. Said chapter is further amended by striking Code Section 34-8-24, relating to the definition of bona fide in the labor market, and inserting in lieu thereof a new Code Section 34-8-24 to read as follows:

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JOURNAL OF THE HOUSE

'34-8-24. As used in this chapter, the term "bona fide in the labor market" means that any person claiming benefits under this chapter must be available for full-time employment, as that term is generally understood in the trade or work classification involved, without regard to prior work restrictions, provided that for any person claiming benefits under this chapter whose claim is based predominately on wages earned through part-time employment, the term "bona fide in the labor market" means that the person claiming benefits must be available for part-time employment.'"

Representative Channell of the 77th moved that the House agree to the Senate substitute, as amended by the House, to HB 1555.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black N Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown E Bruce E Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

N Day Y Dean Y Deloach Y Dix
Dodson N Dollar Y Dooley N Douglas Y Drenner
Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

Y Hill, C.A Y Hill, V N 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 N Jones Y Jordan N Joyce N Keen N Knox N Lane N Lewis
Lord Y Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin N Martin N Massey N Maxwell Y McBee N McCall Y McClinton N Millar N Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham
Parrish N Parsons Y Porter
Powell N Purcell N Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J
Roberts, L N Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw N Sheldon

Y Sholar Y Sims Y Sinkfield
Skipper N Smith, B N Smith, L N Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A
Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

WEDNESDAY, APRIL 7, 2004 On the motion, the ayes were 91, nays 74. The motion prevailed.

3597

Representative Richardson of the 26th moved that the House reconsider its action in agreeing to the Senate substitute, as amended by the House, to HB 1555.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes
Beasley-Teague N Benfield Y Birdsong Y Black Y Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks N Broome Y Brown E Bruce E Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers N Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford N Cummings

Y Day Dean
N Deloach N Dix
Dodson Y Dollar N Dooley Y Douglas N Drenner
Dukes Y Ehrhart Y Elrod N Epps Y Fleming N Floyd, H N Floyd, J
Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T N Greene Y Greene-Johnson N Hanner E Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath N Heckstall Y Hembree N Henson Y Hill, C

Y Hill, C.A N Hill, V Y Hines N Holmes Y Houston N Howard N Howell N Hudson N Hugley N Jackson N James N Jamieson N Jenkins, C Y Jenkins, C.F Y Jones N Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis N Lord N Lucas Y Lunsford Y Maddox N Mangham N Manning N Marin Y Martin Y Massey Y Maxwell N McBee Y McCall N McClinton Y Millar Y Mills

N Mitchell N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel Y Oliver, B N Oliver, M Y O'Neal N Orrock
Parham Parrish Y Parsons N Porter N Powell Y Purcell Y Ralston N Randall Ray N Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Sailor Y Scott N Shaw Y Sheldon

N Sholar N Sims N Sinkfield
Skipper Y Smith, B Y Smith, L Y Smith, P N Smith, T Y Smith, V N Smyre Y Snow N Stanley-Turner N Stephens, E
Stephens, R Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson Y Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A Williams, E Y Williams, R N Wix Y Yates Coleman, Speaker

On the motion, the ayes were 84, nays 78. The motion was lost.

3598

JOURNAL OF THE HOUSE

Representative Channell of the 77th again moved that the House agree to the Senate substitute, as amended by the House, to HB 1555.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black N Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown E Bruce E Buck Y Buckner, D
Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

N Day Dean
Y Deloach Dix Dodson Dollar
Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T Y Greene N Greene-Johnson Y Hanner E Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

Y Hill, C.A Y Hill, V N Hines Y Holmes N Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F N Jones Y Jordan N Joyce N Keen N Knox N Lane N Lewis Y Lord Y Lucas N Lunsford N Maddox Y Mangham Y Manning Y Marin N Martin N Massey N Maxwell Y McBee N McCall Y McClinton N Millar N Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham
Parrish N Parsons Y Porter
Powell N Purcell N Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J
Roberts, L N Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott
Shaw N Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L N Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson N Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

On the motion, the ayes were 90, nays 75. The Chair voted "aye". On the motion, the ayes were 91, nays 75. The motion prevailed.

WEDNESDAY, APRIL 7, 2004

3599

Representative Greene-Johnson of the 60th, Post 3 stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 846. By Representatives Skipper of the 116th, Buck of the 112th, Porter of the 119th, Orrock of the 51st and Westmoreland of the 86th:
A BILL to amend the Official Code of Georgia Annotated so as to change references to certain committees of the Georgia Senate and House of Representatives in the Official Code of Georgia Annotated to conform such references to committee names as adopted by resolution by the Georgia Senate and the House of Representatives, respectively; to provide for editorial revision; and for other purposes.

The following Senate amendments were read:

Senate Amendment #1
The Senate moves to amend HB 846 by striking lines 1 through 5 of page 1 and inserting in lieu thereof the following:
"To amend Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, so as to provide for the writing off of small amounts due to institutions under the Board of Regents of the University System of Georgia; to provide for movable personal property of institutions under the Board of Regents of the University System of Georgia; to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, so as to provide that certain revenue of the university system shall not lapse; to provide for related matters; to repeal conflicting laws; and for other purposes."
By striking in their entirety Sections 1 through 14 and inserting in lieu thereof the following:
"SECTION 1. Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, is amended by striking subsection (a) of Code Section 50-16-161, relating to movable personal property, and inserting in lieu thereof the following:
'(a) This part shall apply to movable personal property for all state agencies, authorities, and entities except for those agencies, authorities, and entities provided for in subsection (a) of Code Section 50-16-161.1, which shall be defined as any item which meets the following criteria:

3600

JOURNAL OF THE HOUSE

(1) Any item which is basically nonconsumable and nonexpendable in nature, such as motor vehicles, mechanized and nonmechanized equipment, office equipment, appliances, etc.; (2) Any item with an estimated usable life expectancy of three or more years and an item acquisition cost of $1,000.00 or more; or (3) Any item or items which an agency feels should be included in its personal property inventory even though it fails to meet the criteria outlined above.'
SECTION 2. Said chapter is further amended by inserting immediately following Code Section 50-16161 a new Code Section 50-16-161.1 to read as follows:
'50-16-161.1 (a) This Code section shall apply to movable personal property for institutions under the Board of Regents of the University System of Georgia, which shall be defined as any item which meets the following criteria:
(1) Any item which is basically nonconsumable and nonexpendable in nature, including, but not limited to, motor vehicles, mechanized and nonmechanized equipment, office equipment, appliances; (2) Any item with an estimated usable life expectancy of three or more years and an item acquisition cost of $3,000.00 or more; or (3) Any item or items which an agency determines should be included in its personal property inventory even though it fails to meet the criteria of paragraph (1) or (2) of this subsection. (b) The Department of Administrative Services shall be authorized to include or exclude items from the inventory as it deems necessary; and the determination shall be binding upon the various departments, boards, bureaus, commissions, institutions, and other agencies of the state government.'
SECTION 3. Said chapter is further amended by striking subsection (b) of Code Section 50-16-18, relating to writing off small amounts due to the state, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) All state agencies and departments, in order to preserve public funds, are authorized to develop appropriate standards, in conjunction with the Department of Audits and Accounts, which will provide a mechanism to consider administratively discharging any obligation or charge in favor of such agency or department when such obligation or charge is $100.00 or any lesser amount unless the agency or department belongs to the Board of Regents of the University System of Georgia in which case the obligation or charge in favor of the institution under the Board of Regents of the University System of Georgia may be $3,000.00 or any lesser amount. This procedure shall not be available to such agency or department in those instances where the obligor has more than one such debt or obligation in any given fiscal year, and this provision shall be construed in favor of the state agency or department so as not to alter the

WEDNESDAY, APRIL 7, 2004

3601

unquestioned ability of such state agency or department to pursue any debt, obligation, or claim in any amount whatsoever. In those instances where a debt or obligation of $100.00 or less, or $3,000.00 or less for the institutions of the Board of Regents of the University System of Georgia, has been deemed to be uncollectable, the proper individual making such determination shall transmit a recapitulation of the efforts made to collect the debt together with all other appropriate information, which shall include a reasonable estimate of the cost to pursue administratively or judicially the account together with a recommendation to the commissioner of such state agency or department. In those instances where the commissioner makes a determination that further collection efforts would be detrimental to the publics financial interest, a certificate reflecting this determination shall be executed, and this certificate shall serve as the authority to remove such uncollectable accounts from the financial records of such state agency or department. Such certificates shall be forwarded to the state auditor in a manner and at such times as are reflected in the standards developed by the state auditor and the state agency or department.'
SECTION 4. Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia annotated, relating to the university system, is amended by inserting at the end thereof a new Code Section 20-3-86 to read as follows:
'20-3-86. Revenue collected by any or all institutions in the university system from continuing education fees, technology fees, or indirect cost recoveries shall not lapse.'"
By redesignating Section 15 as Section 5.

Senate Amendment #2
The Senate moves to amend HB 846 by inserting between "revision;" and "to" on line 5 of page 1 the following:
"to change the composition of certain state senatorial districts;"
By inserting between lines 9 and 10 of page 5 the following:
"SECTION 6A. Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications of the Senate, is amended in subsection (a) by striking the description of senatorial districts 10, 17, and 25 and inserting in their place the description of senatorial districts 10, 17, and 25 attached to this Act and made a part hereof and further identified as: 'Plan Name: s17-10-25amd Plan Type: Senate User: Linda Administrator: S017'."

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JOURNAL OF THE HOUSE

By adding following line 16 of page 8 the following:

"Plan Name: s17-10-25amd S017

Plan Type: Senate User: Linda Administrator:

Redistricting Plan Components Report

District 010 DeKalb County
Tract: 209 BG: 2 2006 2007 2008 2009 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 BG: 3 3000 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 BG: 4 Tract: 234.04 Tract: 234.05 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4997 4998 Tract: 234.10 Tract: 234.11 Tract: 234.12 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2012 2013 2014 BG: 3 Tract: 234.13 BG: 1 1002 1003 1004 1005 Tract: 234.14 BG: 1 1011 1012 1013 1014 Tract: 234.15 BG: 1

WEDNESDAY, APRIL 7, 2004
1007 1008 1009 1010 1011 1012 1013 1014 1023 1998 BG: 4 Tract: 235.04 Tract: 235.05 BG: 1 1012 1013 BG: 2 2007 2008 2011 2012 2013 2014 Tract: 235.06 BG: 2 2011 2012 2023 2024 2025 BG: 4 4009 4010 4011 4012 4014 4015 4016 4017 4018 Tract: 235.07 BG: 2 2000 2001 2003 2004 2005 2006 2007 BG: 3 Tract: 236.01 BG: 1 BG: 2 BG: 3 3000 3004 3005 3006 3008 3009 Tract: 236.02 BG: 1 BG: 2 2007 2008 2009 Tract: 236.03 Tract: 237 Tract: 238.01 Tract: 238.02 Tract: 238.03
Henry County Tract: 701.01 Tract: 701.02 Tract: 701.05 BG: 1 1002 1146 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2024 2025 2027 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 Tract: 701.06

3603

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JOURNAL OF THE HOUSE

BG: 1 1000 1001 1002 1003 1004 1008 1009 1011 1019 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2013 2014 2015 2016 2017 2018 2019 2020 Tract: 702.01 BG: 1 BG: 2 2000 2001 2002 2008 2009 2010 2011 2012 2013 2021 2022 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 Tract: 702.02 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1021 1022 1023 BG: 2 2006 2007 2008 2013 2014 2015 2016 2017 2018 2019 2020 2025 2026 2027 2028 2029 Tract: 702.03 BG: 1 1029 Tract: 703.03 BG: 1 1008 1009 1010 1011 1012 1013 1016 1017 1018 1019 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1047 1048 1068 1069 1070 1071 1072 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2032 2033 2034 2036 2037 2038 2039 2040 2041 2042 2043 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 BG: 3 3000 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3049 3051 3052 3053 3054 3055 3067 3068 3069 3070 3071 3072 3073 Tract: 703.04 BG: 1 1003 1018 1019 1021 1022 1023 1024 1025 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1997

WEDNESDAY, APRIL 7, 2004
BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036
District 017 Butts County
Tract: 1501 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1066 1068 1069 1072 1073 1074 1075 1076 1993 1994 1995 1996 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2996 2997 2998 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3024 3025 3026 3028 3029 3030 3031 3997 3999 Tract: 1502 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1028 1029 1030 1031 1032 1033 1034 1035 1036
Fayette County Tract: 1404.05 BG: 2 2007 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2021 2022 2023 2024 Tract: 1404.08 BG: 1 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

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Tract: 1405.01 BG: 1 1000 1001 1002 1003 1004 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1048 1049 1050 1051 1052 1053 1997 1998 1999
Henry County Tract: 701.04 BG: 1 1042 1046 1049 1050 1051 1052 1053 1054 1055 1056 1065 1066 1067 1068 1069 BG: 2 2002 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Tract: 702.02 BG: 1 1000 1001 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1024 1025 1026 BG: 2 2000 2001 2002 2003 2004 2005 2009 2010 2011 2012 2021 2022 2023 2024 2998 2999 Tract: 702.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1030 1031 1032 1033 1034 1035 1036 1037 1038 BG: 2 Tract: 703.03 BG: 2 2029 2030 2031 2035 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 BG: 3 3001 3002 3044 3045 3046 3047 3048 3050 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 Tract: 703.04 BG: 1 1000 1001 1002 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1020 1026 1027 1028 1998 1999 BG: 3 3037 3038

WEDNESDAY, APRIL 7, 2004
Tract: 703.05 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 BG: 2 Tract: 703.06 Tract: 704.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2028 2035 2036 2058 2059 2060 2088 BG: 3 3018 3019 3020 3021 3022 3023 Tract: 704.02 Tract: 705
Jasper County Tract: 9901 Tract: 9902 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1108 1109 1997 1998 1999 Tract: 9903 BG: 1 1000 1001 1002 1018 1019 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1104 BG: 2 2014 2015 2017 2018 2019 2020 2021 2098 2099 2100 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035

3607

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JOURNAL OF THE HOUSE

3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3059 3060 3079 3080 3081 3998 3999
Newton County Tract: 1001 BG: 1 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1053 1064 1073 1074 1075 1076 1077 1078 1998 1999 BG: 2 2104 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2996 2997 Tract: 1002 BG: 1 1068 1069 1070 1073 1074 1076 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2020 2030 2031 2032 2033 2034 2035 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2998 2999 BG: 3 BG: 4 Tract: 1003 BG: 3 3018 3019 3021 3022 3023 3024 3025 Tract: 1004 BG: 1 1071 1072 Tract: 1005 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1097 1099 1100 1101 1111 1113 1114 1115 1116 1117 1118 1119

WEDNESDAY, APRIL 7, 2004
Tract: 1006 BG: 1 1061 Tract: 1008 Tract: 1009 BG: 1 BG: 2 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2997
Putnam County Tract: 9601 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1133 1134 1135 1136 1137 1138 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 BG: 2 2000 2001 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2997 2998 2999 Tract: 9602 BG: 1 1000 1001 1002 1003 1004 1005 1006 1041 1999 Tract: 9603 BG: 1 BG: 2 2023 2024 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2049 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2997 2998 2999

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JOURNAL OF THE HOUSE

Rockdale County Tract: 603.07 BG: 3 3035 Tract: 604.03 BG: 1 1006 1007 1008 Tract: 604.04 Tract: 604.05 BG: 1 1000 1001 1002 1003 1004 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 BG: 2 Tract: 604.06 Tract: 604.07
Spalding County Tract: 1601 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2014 Tract: 1603 BG: 1 1000 1001 1002 1003 1004 1005 Tract: 1605 BG: 1 1000 1001 1002 1005 1032 1033 1034 1035 1036 1037
Walton County Tract: 1105.01 BG: 1 1018 1019 1020 1021 1022 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1069 1070

WEDNESDAY, APRIL 7, 2004
1076 1077 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1998 Tract: 1105.02 Tract: 1106 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1038 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1998 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2046 2047 2048 2050 2051 2052 2056 2057 2999 Tract: 1108 BG: 1 1013 1051 1052 1053 1054
District 025 Baldwin County
Greene County Tract: 9501 BG: 1 1038 1046 1048 1049 1050 BG: 2 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2038 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2986 2987 2988 2989 2990 2991 2992 2993 2994 2995 2996 2998 2999 Tract: 9503 Tract: 9504 Tract: 9505
Hancock County

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JOURNAL OF THE HOUSE

Jones County Tract: 302 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1033 1034 1035 1036 1037 1038 Tract: 303.02 BG: 1 1000 1001 1002 1003 1004 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2022 2023 2024 2025 2026 2027 2028 2029 2030 2058 2059 2060 2997 2998 2999
Morgan County
Newton County Tract: 1001 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1051 1052 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1065 1066 1067 1068 1069 1070 1071 1072 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2105 2998 2999 Tract: 1002 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1071 1072 1075 1077 1078 1079 1080 1995 1996 1997 1998 1999 BG: 2

WEDNESDAY, APRIL 7, 2004
2019 2021 2022 2023 2024 2025 2026 2027 2028 2029 2036 2037 Tract: 1003 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3020 Tract: 1004 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 BG: 2 BG: 3 Tract: 1005 BG: 1 1000 1001 1002 1003 1004 1005 1006 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1095 1096 1098 1102 1103 1104 1105 1106 1107 1108 1109 1110 1112 1999 Tract: 1006 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1999 Tract: 1007 Tract: 1009 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2998 2999
Putnam County Tract: 9601

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JOURNAL OF THE HOUSE

BG: 1 1056 1057 1126 1127 1128 1129 1130 1131 1132 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2051 2052 2053 2996 Tract: 9602 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1996 1997 1998 BG: 2 BG: 3 BG: 4 BG: 5 BG: 6 BG: 7 Tract: 9603 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2025 2026 2027 2045 2046 2047 2048 2050 2083 2084 2996
Walton County Tract: 1101 BG: 2 2011 2021 2054 2055 Tract: 1102 BG: 2 2065 2066 2067 2068 2069 2070 2071 BG: 3 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 Tract: 1103 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3023

WEDNESDAY, APRIL 7, 2004
Tract: 1104 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1997 1998 1999 BG: 2 Tract: 1106 BG: 1 1000 1035 1036 1037 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1997 1999 BG: 2 2020 2021 2022 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2049 2053 2054 2055 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 Tract: 1107 Tract: 1108 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 BG: 2 BG: 3".

3615

Representative Skipper of the 116th moved that the House disagree to the Senate amendments to HB 846.
The motion prevailed.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate insists on its substitute to the following bills of the House:

3616

JOURNAL OF THE HOUSE

HB 1359. By Representatives Thomas Morgan of the 33rd, Post 2, Dean of the 49th, Wix of the 33rd, Post 1 and Powell of the 23rd:
A BILL to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to provide that a barber shop may employ apprentice barbers, each of whom must be under the supervision of a separate master barber; and for other purposes.
HB 1766. By Representatives James of the 114th, Ray of the 108th, Williams of the 128th, Mosley of the 129th, Post 1, Black of the 144th and others:
A BILL to create the Aquaculture Division within the Department of Agriculture and provide for its powers and duties; to create the Aquaculture Development Advisory Council and provide for its powers and duties; to amend reserved Chapter 15 of Title 2 of the Official Code of Georgia Annotated, so as to strike the reserved designation; to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated; to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated; to amend Title 2 of the Official Code of Georgia Annotated; to amend Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated; to amend Title 27 of the Official Code of Georgia Annotated; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 208. By Representatives Fludd of the 48th, Post 4, Moraitakis of the 42nd, Post 4, Oliver of the 56th, Post 2, Stephenson of the 60th, Post 1, Hill of the 81st and others:
A BILL to amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Property Owners' Association Act," so as to clarify the definition of "lots"; to clarify the definition of "lot owner"; to clarify the definition of "property owners' development"; to clarify enforcement powers; to clarify voting procedures for multiple-owner units; to conform proxy requirements to other provisions of the law; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 666. By Representative Lord of the 103rd:

WEDNESDAY, APRIL 7, 2004

3617

A BILL to amend Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to requirement of audits, so as to change the amount of annual expenditures of local governments requiring annual audits; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 211. By Representatives Rice of the 64th, Millar of the 52nd, Dix of the 70th, Post 2, Sholar of the 141st, Post 1 and Jenkins of the 93rd:
A BILL to amend Code Section 30-1-6 of the Official Code of Georgia Annotated, relating to assaulting, beating, harassing, or injuring guide or dogs assisting disabled persons, so as to provide that assaulting or causing the death of an assistance dog or attempting to do so shall be a felony; to provide that interfering with assistance dog duties or attempting to do so shall be a misdemeanor; to provide that interfering with the use of an assistance dog with reckless disregard shall be a misdemeanor or a high and aggravated misdemeanor; and for other purposes.
HB 229. By Representatives Oliver of the 56th, Post 2, Willard of the 40th, Benfield of the 56th, Post 1, Bordeaux of the 125th and Campbell of the 39th:
A BILL to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to rewrite said title; to provide for definitions; to provide for the appointment, powers, duties, termination, resignation, removal, bond, annual returns and status reports, compensation, modification, and all matters relative to guardians; to amend Titles 15,16,24,30,31, and 53 of the Official Code of Georgia Annotated; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure shall not be required under Article 4 of Chapter 18 of Title 50; and for other purposes.
HB 539. By Representative Harbin of the 80th:
A BILL to amend Code Section 33-28-3 of the Official Code of Georgia Annotated, relating to standard nonforfeiture provisions for individual deferred annuities, so as to provide for a minimum nonforfeiture rate of 1 1/2 percent on individual deferred annuities; to provide for a sunset to such provision; and for other purposes.
HB 1113. By Representatives Mitchell of the 61st, Post 3, Jenkins of the 93rd, Bordeaux of the 125th, Porter of the 119th and Mobley of the 58th:

3618

JOURNAL OF THE HOUSE

A BILL to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding uniform rules of the road, so as to prohibit the use of traffic-control device preemption emitters or similar devices by any person other than law enforcement, fire department, or emergency personnel; and for other purposes.
HB 1117. By Representatives Epps of the 90th, Jordan of the 83rd, Moraitakis of the 42nd, Post 4, Graves of the 106th and Beasley-Teague of the 48th, Post 2:
A BILL to amend Code Section 50-27-34 of the Official Code of Georgia Annotated, relating to the legislative oversight committee for the Georgia Lottery Corporation, so as to change the reference to the House Committee on Industry to the House Committee on Regulated Industries to conform such reference to the committee name as adopted by resolution by the Georgia House of Representatives; and for other purposes.

The following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
SB 445. By Senators Balfour of the 9th, Adelman of the 42nd, Tanksley of the 32nd, Zamarripa of the 36th and Tate of the 38th:
A BILL to be entitled an Act to amend Chapter 90 of Title 36, the "Local Government Cable Fair Competition Act of 1999," so as to define certain terms; to provide for the ratification of an authorization for a county or municipal corporation to provide cable service or information services; to provide for a referendum; to provide for the maintenance of certain records; to prohibit the cross-subsidization of the cost of providing such services; to provide for the filing of a report relating to finances in the county probate court; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes

Y Day Y Dean Y Deloach Y Dix Y Dodson
Dollar

Y Hill, C.A Hill, V
N Hines Holmes
Y Houston Y Howard

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley

Y Sholar Sims
Y Sinkfield Skipper
Y Smith, B Y Smith, L

WEDNESDAY, APRIL 7, 2004

Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas N Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Dooley Y Douglas Y Drenner
Dukes N Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster N Franklin
Gardner Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin N Harper
Harrell Y Heard, J Y Heard, K
Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Howell Y Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee N McCall
McClinton N Millar Y Mills

Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock Y Parham
Parrish N Parsons Y Porter
Powell Y Purcell Y Ralston Y Randall Y Ray
Reece, B Y Reece, S Y Rice Y Richardson N Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. N Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

3619
Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Y Thomas, A.M
Thompson Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Y Wix Y Yates Coleman, Speaker

On the passage of the Bill, the ayes were 136, nays 15. The Bill, having received the requisite constitutional majority, was passed.

Representatives Cooper of the 30th and Rogers of the 15th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

Representative Dooley of the 33rd, Post 3 stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Skipper of the 116th assumed the chair.

3620

JOURNAL OF THE HOUSE

The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:

HB 1335. By Representatives Boggs of the 145th, Greene of the 134th, Crawford of the 91st and Walker of the 115th:
A BILL to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment for crimes, so as to provide that the superior court sentence review panel shall be required to provide an opinion or memorandum of decision when a sentence is reduced; to clarify sentences subject to review; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to clarify bond conditions for family violence offenses; to require certain notifications of victims of applications for sentence review; to permit victims to provide written arguments to the superior court sentence review panel; to provide that the superior court sentence review panel shall be required to provide an opinion or memorandum when a sentence is reduced; to provide that persons convicted of crimes involving physical or emotional injury to their victims shall pay the medical costs of their victims including psychological counseling; to provide for hearings; to provide for certain exceptions; to change certain provisions relating to the crime victims bill of rights concerning certain notifications; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedure, schedule of bails, and appeal bonds, is amended by striking subparagraph (b)(2)(B) of said Code section and inserting in lieu thereof the following:
"(B) When an arrest is made by a law enforcement officer without a warrant upon for an act of family violence as defined in Code Section 19-13-1 pursuant to Code Section 17-4-20, the person charged with the offense shall not be eligible for bail prior to the arresting officer or some other law enforcement officer taking the arrested person before a judicial officer pursuant to Code Section 17-4-21. The

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judicial officer shall consider imposing specific conditions of bail as set forth in paragraph (1.2) of subsection (f) of this Code section."
SECTION 2. Said Code section is further amended in subsection (f) by inserting new paragraphs (1.1) and (1.2) to read as follows:
"(1.1) The schedule of bails provided for in paragraph (1) of this subsection shall not apply to any offense involving an act of family violence as defined in Code Section 1913-1. (1.2) For offenses involving an act of family violence as defined in Code Section 1913-1, the judge shall within 48 hours determine the amount of bail and whether specific conditions shall be used including, but not limited to, having no contact of any kind or character with the victim or any member of the victims family or household, not physically abusing or threatening to physically abuse the victim, or the immediate enrollment in and participation in domestic violence counseling, substance abuse therapy, or other therapeutic requirements."
SECTION 3. Said Code section is further amended by striking paragraphs (2) and (3) of subsection (f) and inserting in lieu thereof the following:
"Reserved."
SECTION 4. Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment for crimes, is amended by striking subsections (c), (d), and (f) of Code Section 17-10-6, relating to the review of certain sentences of incarceration by a three-judge panel, and inserting in lieu thereof the following:
"(c) The three-judge panel provided for by this Code section shall have the authority to review sentences upon application of the defendants in such cases. In the review of the sentences, the defendant, the victim, and the district attorney shall have the right to present written argument relative to the sentence imposed and the harshness or justification thereof and shall submit such argument within 30 days of the date the application is docketed with the panel. It shall be the duty of the prosecuting attorney to notify the victim that the defendant has filed an application for sentence review. The prosecuting attorney shall not be required to notify the victim unless the victim has expressed a desire for such notification and has provided the prosecuting attorney with a current address and telephone number. The prosecuting attorneys failure to notify the victim shall not invalidate the decision of the panel. The panel shall consider the victims written statement, including any statements of the victim contained in any trial or sentencing transcript, in its review of the defendants sentence. If, in the opinion of the panel, the sentence imposed by the trial judge is too harsh or severe in light of all of the circumstances surrounding the case and the defendant, and in light of the defendants past history, the panel shall have the authority to issue an order reducing

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the sentence originally imposed by the trial judge. If the panel reduces a sentence imposed by the trial judge, the panel shall issue an opinion or memorandum stating the specific facts and reasoning that form the basis for the reduction of the sentence. The panel shall not have the authority, however, to reduce any sentence to probation or to suspend any sentence. The panel shall not be required to file written opinions but shall file a copy of any order or remittitur reducing a sentence with the superior court which originally imposed the sentence The order of the panel, together with the opinion or memorandum of decision and the remittitur, shall be certified by the panel to the trial court under the seal of the panel and shall become effective upon being filed with the trial court. (d) The reduction of a sentence or the refusal to reduce a sentence by the panel shall not be reviewable. The provisions for review of sentences provided by this Code section shall not be deemed to affect the right to appeal or any practices, procedures, or time limitations relative to appeals to appellate courts. A defendant shall not have the right to file more than one application for a review of a sentence, and any order issued by the panel reducing or refusing to reduce any sentence covered by an application shall be binding on the defendant and the superior court which imposed the sentence." "(f) This Code section shall not apply to sentences imposed in misdemeanor cases or cases in which a sentence of life sentence or life without parole is imposed for murder."
SECTION 5. Said title is further amended by adding a new Code Section 17-14-10.1 to read as follows:
"7-14-10.1. A person convicted of a crime which resulted in physical or emotional injury to the victim shall be ordered to pay restitution to the victim for all reasonable and necessary medical expenses incurred by the victim and which reasonably will be incurred by the victim for treatment of the physical and emotional injuries caused by the person in perpetrating the crime against the victim, including expenses related to psychological counseling and treatment by a provider licensed pursuant to Title 43. The court shall hold a hearing to determine the amount of such expenses as required by law. This Code section shall not apply to misdemeanor traffic offenses, except those serious traffic offenses in Article 15 of Chapter 6 of Title 40. With regard to convictions for such misdemeanor traffic offenses, except those serious traffic offenses in Article 15 of Chapter 6 of Title 40, the sentencing court may, in its discretion, consider restitution under this Code section as a part of any sentence imposed, but shall not be required to do so."
SECTION 6. Said title is further amended by striking subsection (a) of Code Section 17-17-5, relating to notification to victims under the "Crime Victims Bill of Rights," and inserting in lieu thereof the following:

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"(a) All victims, wherever practicable, shall be entitled to notification as defined by paragraph (7) of Code Section 17-17-3 of the accuseds arrest, of the accuseds release from custody, and of any judicial proceeding at which the release of the accused will be considered. All victims, wherever practicable, shall also be entitled to notification as defined by paragraph (7) of Code Section 17-17-3 of the defendants application for sentence review. The prosecuting attorney shall not be required to notify the victim of the defendants application for sentence review unless the victim has expressed a desire for such notification. No such notification shall be required unless the victim provides a landline telephone number other than a pocket pager or electronic communication device number to which such notice can be directed."
SECTION 7. This Act shall become effective on July 1, 2004, and Sections 1 and 3 shall apply to all applications for sentence review filed on and after July 1, 2004.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Representative Boggs of the 145th moved that the House disagree to the Senate substitute to HB 1335.
The motion prevailed.

HB 1179. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Stephens of the 123rd, Channell of the 77th and Buckner of the 82nd:
A BILL to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to establish greater penalties for simple assault and simple battery when the victim of such an offense is a public school employee engaged in official duties or on school property; to provide a definition of school property for such offenses and battery; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary schools, so as to provide that the offense of disrupting the operation of a public school applies to disruption of public school buses and established public school bus stops; and for other purposes.

The following Senate substitute was read:

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A BILL
To amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to establish greater penalties for simple assault and simple battery when the victim of such an offense is a public school employee engaged in official duties or on school property; to provide a definition of school property for such offenses and battery; to require that the photographs of certain persons convicted of stalking and aggravated stalking offenses shall be published in the legal organ of the county in which such person is convicted; to require that the photographs of certain persons convicted of certain assaults and batteries involving family violence shall be published in the legal organ of the county in which such person is convicted; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary schools, so as to provide that the offense of disrupting the operation of a public school applies to disruption of public school buses and certain public school bus stops; to provide for mandatory training of school bus drivers; to provide for a short title; to provide for policies and procedures regarding the operation of school buses; to require school buses to adhere to published times; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the equipment required on school buses; to provide for certain procedures to be followed by school bus drivers; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1.
Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended in Code Section 16-5-20, relating to simple assault, by inserting a new subsection to be designated subsection (f) to read as follows:
"(f) Any person who commits the offense of simple assault against an employee of a public school system of this state while such employee is engaged in official duties or on school property shall, upon conviction of such offense, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'school property' shall include public school buses and stops for public school buses as designated by local school boards of education."
SECTION 2. Said chapter is further amended in Code Section 16-5-23, relating to simple battery, by inserting a new subsection to be designated subsection (i) to read as follows:
"(i) Any person who commits the offense of simple battery against an employee of a public school system of this state while such employee is engaged in official duties or on school property shall, upon conviction of such offense, be punished for a

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misdemeanor of a high and aggravated nature. For purposes of this Code section, 'school property' shall include public school buses and stops for public school buses as designated by local school boards of education."
SECTION 3. Said chapter is further amended in Code Section 16-5-23.1, relating to battery, by striking subsection (i) and inserting in lieu thereof the following:
"(i) Any person who commits the offense of battery against a teacher or other school personnel, engaged in the performance of official duties or while on school property shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years or a fine of not more than $10,000.00, or both. For purposes of this Code section, 'school property' shall include public school buses and public school bus stops as designated by local school boards of education."
SECTION 3A. Said chapter is further amended by adding a new Code section to read as follows:
"16-5-26. (a) The clerk of the court in which a person is convicted of a second or subsequent violation of Code Section 16-5-20 and is sentenced pursuant to subsection (d) of such Code section, Code Section 16-5-23 and is sentenced pursuant to subsection (f) of such Code section, or Code Section 16-5-23.1 shall cause to be published a notice of conviction for such person. Such notice of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, the name and address of the convicted person, and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. (b) The convicted person for which a notice of conviction is published pursuant to this Code section shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed. (c) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided that such publication was made in good faith."
SECTION 3B. Said chapter is further amended by adding a new Code section to read as follows:
"16-5-96.

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(a) The clerk of the court in which a person is convicted of a second or subsequent violation of Code Section 16-5-90 or 16-5-91 shall cause to be published a notice of conviction for such person. Such notice of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, the name and address of the convicted person, and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. (b) The convicted person for which a notice of conviction is published pursuant to this Code section shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed. (c) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided that such publication was made in good faith."
SECTION 4. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary schools, is amended by striking Code Section 20-2-1181, relating to disruption of public schools, and inserting in lieu thereof the following:
"20-2-1181. It shall be unlawful for any person to disrupt or interfere with the operation of any public school, public school bus, or public school bus stop as designated by local school boards of education. Any person violating this Code section shall be guilty of a misdemeanor of a high and aggravated nature."
PART II SECTION 5.
This part shall be known and may be cited as "Aleanas Law."
SECTION 6. Said chapter is further amended by adding a new Part 5 to Article 22 to read as follows:
"Part 5
20-2-1125. All persons employed as school bus drivers by any public school system in this state shall receive annual mandatory training on traffic laws pertaining to the operation of

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school buses and on school bus operations and safety. The State Board of Education shall establish the content and length of initial driver training and shall determine the qualifications of and certify the instructors who conduct such training. No person employed as a school bus driver by any public school system in this state shall operate a school bus unless such person has completed such training within the preceding 12 month period.
20-2-1126. (a) Each public school system in this state shall promulgate policies and procedures for the operation of school buses and the conduct and safety of those students who ride such buses. Such policies and procedures shall be in writing and available for public inspection. Each person employed as a school bus driver shall acknowledge in writing that he or she has received a copy of and has read and understands such policies and procedures. In the event that such policies and procedures are amended during the school year, such amended policies and procedures shall be provided to all persons employed by the school system as school bus drivers and, each such person shall acknowledge in writing that he or she has received a copy of and has read and understands such amended policies and procedures. (b) At the beginning of each school year, each public school system in this state shall provide each of its students with a copy of the school systems code of conduct as required by Code Section 20-2-736. In the event such code of conduct is amended during the school year, the school system shall provide copies of such amendments to the students. The receipt of such student code of conduct shall be acknowledged in writing by a parent or guardian of each student.
20-2-1127. Each public school system in this state shall make accessible a schedule of school bus routes that indicate the morning pickup route beginning time and the afternoon school bell time as well as the total number of stops on each school bus route. The time for the bus arrival at each stop will be commensurate with the route beginning time and prescribed stop sequence, except in unforeseen circumstances. This provision shall not apply to portal-to-portal special needs student transportation or special alternative instructional transportation programs."
SECTION 7. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding a new Code Section 40-6-165 to read as follows:
"40-6-165. (a) Prior to moving a school bus from a stop at which passengers have been loaded or unloaded, the driver of the bus shall check all mirrors to ensure that it is safe to place the bus in motion. (b) Prior to loading or unloading passengers from a school bus, the driver shall engage the parking brakes of the bus and shall not release such brakes until each passenger

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boarding the bus is on board and until each passenger disembarking from the bus is off the roadway and safely on the pedestrian areas of the roadway. (c) Prior to loading or unloading passengers from a school bus, the driver shall display the stop arm on the bus and shall not retract the stop arm until each passenger boarding the bus is on board and until each passenger disembarking from the bus is off the roadway and safely on the pedestrian areas of the roadway. (d) The driver of a school bus shall not use or operate a cellular telephone or two-way radio while loading or unloading passengers. (e) The driver of a school bus shall not use or operate a cellular telephone while the bus is in motion. (f) The driver of a school bus shall instruct all passengers exiting the bus of the proper procedures of crossing the roadway in front of the bus only. (g) The driver of a school bus shall ensure that the red flasher lights on the bus remain illuminated and flashing until all passengers have boarded or have exited the bus and have safely crossed the roadway and are safely on the pedestrian areas of the roadway. (h) The driver of a school bus shall extend the extension arm or gate on the front of the bus until all passengers have boarded or have exited the bus and have safely crossed the roadway and are safely on the pedestrian areas of the roadway."
SECTION 8. Said title is further amended by striking Code Section 40-8-111, relating to school bus equipment generally, and inserting in lieu thereof a new Code Section 40-8-111 to read as follows:
"40-8-111. (a) Every bus used for the transportation of school children shall be equipped as follows: Each school bus used for the transportation of school children in the State of Georgia shall be in compliance with the State Board of Education bus specifications for the model year of such school bus.
(1) There shall be an emergency door located either at the rear of the body or at the side of the body opposite from the side on which the students normally board, so as to provide an emergency exit. The emergency door shall be operative from both the interior and exterior of the bus at all times; (2) The drivers seat shall be equipped with a seat belt which shall be fastened so as to secure the driver in his seat at all times when children are being transported on the bus; (3) Combination clearance and marker lights shall be installed at each of the four roof corners. The two such lights on the front of the vehicle shall be amber in color, and the two such lights on the rear of the vehicle shall be red in color. A cluster of three lights shall be mounted between the clearance and marker lights in the front and in the rear of the bus at the roof line thereof; (4) The body of the bus shall be equipped with four hooded or recessed red flasher lights. Such lights shall be at least 5 3/4 inches in diameter, sealed beam, and must

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flash when the bus is stopped to receive or discharge passengers. Two such lights shall be mounted in the front of the body above the windshield, and two such lights shall be mounted on the rear of the body above the rear windows; (5) There shall be installed on the left outer side of the body a stop arm to give notice to drivers of other vehicles that the bus is making a stop. The requirement for a stop arm may be waived by the State Board of Education in the event a more effective warning device is prescribed; (6) The exhaust system of the bus shall carry exhaust gases from the engine to a discharge point into the atmosphere, which point:
(A) Shall extend beyond the rear axle and shall extend at least five inches beyond the chassis frame and be mounted outside the chassis rail at end point; or (B) May extend to, but not beyond, the body limits on the left side of the bus, beyond the drivers compartment outboard of the chassis centerline; (7) All floor joints of the bus shall be gas tight and constructed so as to prevent the entry of engine exhaust gases into the passenger compartment. Any opening or separation of joints in the floor shall be repaired before the bus is used for the transportation of children; and (8) There shall be installed an outside roof mounted white flashing strobe light with clear lens emitting light 360 degrees around its vertical axis. Such strobe light shall be no greater than one-third the distance from the rear of the bus to the front of the bus and shall flash when the bus is stopped to receive or discharge passengers. Local boards of education shall be authorized, in their discretion, to require such strobe lights on buses carrying special education passengers. (b) Each public school system shall be required to maintain each of its school buses in good working condition, including all safety equipment required in accordance with the specifications established pursuant to subsection (a) of this Code section. (b)(c) Nothing in subsection (a) of this Code section shall apply to motor vehicles operated by a local transit system which transport school children to and from school on regular or scheduled routes of a transit vehicle with regular fare-paying passengers."
PART III SECTION 9.
(a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2004. (b) Part I of this Act shall become effective on July 1, 2004, and shall apply to offenses committed on or after such date.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

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Representative Barnes of the 84th, Post 2 moved that the House agree to the Senate substitute to HB 1179.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson N Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Fludd N Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Hanner E Harbin Harper Y Harrell N Heard, J Y Heard, K Heath Y Heckstall Y Hembree Y Henson N Hill, C

Y Hill, C.A Hill, V
Y Hines Holmes
Y Houston Howard
Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan N Joyce Y Keen N Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey
Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley
Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

Y Sholar Sims
Y Sinkfield 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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the motion, the ayes were 149, nays 9. The motion prevailed.

HB 1168. By Representatives Rice of the 64th, Parham of the 94th, Keen of the 146th, Reece of the 21st, Brown of the 89th and others:

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A BILL to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to change certain provisions relating to examination of applicants; to provide that licensed driver training schools may conduct road tests for applicants for drivers' licenses; to provide for approval by the department of driver training schools; to provide that it shall be a misdemeanor to a licensed driving instructor to falsely certify that an applicant has passed a road test; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend HB 1168 by adding after the word "as" on line 2 of page 1 the following:
"to change certain provisions relating to furnishing of information;"
By adding a new Section 1 to read as follows:
"SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, is amended in Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licensees and furnishing of information, by adding a new subparagraph (c)(1)(B.1) to read as follows:
'(B.1) The department shall implement a pilot program of up to six months to determine the revenue feasibility of supplying limited rating information to agents, insurers, and insurance support organizations. The department shall report the results of such pilot program to the Office of Planning and Budget. If the Office of Planning and Budget determines that the pilot program is successful, then the department shall also furnish limited rating information to insurance support organizations for the same purposes as provided in division (c)(1)(B)(ii) of this Code section, pursuant to a contract with the Georgia Technology Authority, provided that all other necessary requirements of subsection (c) of this Code section have been met;'".
By redesignating Sections 1, 2, and 3 as Sections 2, 3, and 4, respectively.
By striking lines 9 and 10 of page 1 and inserting in their places the following:
"Said chapter is further amended by striking subsection (a) of Code Section 40-5-26, relating to"

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The following amendment was read and adopted:

Representatives Rice of the 64th and Powell of the 23rd move to amend the Senate amendment to HB 1168 by striking lines 2 through 22 and inserting in their place the following:
"Amend HB 1168 by striking 'To' at the beginning of line 1 of page 1 and by adding at the beginning of line 1 of page 1 the following: 'To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to change certain provisions relating to lapse fees; to'
By adding after 'as' on line 2 of page 1 the following:
'to change certain provisions relating to furnishing of information;'.
By adding after 'examination;' on line 5 of page 1 the following:
'to change certain requirements relating to pamphlets issued by the department; to change certain provisions relating to suspension of driving privilege of a nonresident; to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to inspection of motor vehicles, so as to clarify certain provisions relating to vehicle identification rules; to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting accidents and proof of financial responsibility, so as to change certain provisions relating to issuance of forms by the department;'.
By adding new Sections 1 and Section 2 to read as follows:
'SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended in Code Section 40-2-137, relating to definitions, notification of coverage termination, lapse fee, promulgation of rules and regulations, and suspension of vehicle registrations, by adding a new subsection (g) to read as follows:
"(g) The county tax commissioner shall have the authority to waive a lapse fee if sufficient proof is provided that no actual lapse in coverage occurred. This proof must be retained by the county tax commissioner for audit purposes."
SECTION 2. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, is amended in Code Section 40-5-2, relating to keeping of records of

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applications for licenses and information on licensees and furnishing of information, by adding a new subparagraph (c)(1)(B.1) to read as follows:
"(B.1) The department shall implement a pilot program of up to six months to determine the revenue feasibility of supplying limited rating information to agents, insurers, and insurance support organizations. The department shall report the results of such pilot program to the Office of Planning and Budget. If the Office of Planning and Budget determines that the pilot program is successful, then the department shall also furnish limited rating information to insurance support organizations for the same purposes as provided in division (c)(1)(B)(ii) of this Code section, pursuant to a contract with the Georgia Technology Authority, provided that all other necessary requirements of subsection (c) of this Code section have been met;"'.
By redesignating Sections 1 and 2 as Sections 3 and 4.
By striking lines 9 and 10 of page 1 and inserting in their places the following: 'Said chapter is further amended by striking subsection (a) of Code Section 40-5-26, relating to'.
By adding new Sections 5, 6, 7, 8, and 9 to read as follows:
'SECTION 5. Said chapter is further amended in Code Section 40-5-32, relating to expiration and renewal of licenses and reexamination required, by striking subsection (c) of said Code section and inserting in its place the following:
"(c)(1) The department shall require every person applying for renewal of a drivers license to take and pass successfully such test of his or her eyesight as the department shall prescribe, unless otherwise provided by rule or regulation for purposes of paragraph (2) of subsection (b) of this Code section. (2) At the time of the renewal, the department shall issue a pamphlet containing information pertaining to new traffic laws and to traffic laws most frequently violated. (3)(2) The commissioner may issue such rules and regulations as are necessary to implement this subsection."
SECTION 6. Said chapter is further amended by striking Code Section 40-5-51, relating to suspension of driving privilege of nonresident, reporting convictions, suspensions, and revocations of nonresidents, and inserting in its place the following:
"40-5-51. (a) The privilege of driving a motor vehicle on the highways of this state given to a nonresident under this chapter shall be subject to suspension or revocation by the department in like manner and for like cause as a drivers license issued under this chapter may be suspended or revoked only when suspension or revocation is required

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by law for the violation. No points shall be assessed as provided in Code Section 40-557 for any violation committed by a nonresident. (b) The department is required, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense, to forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident. (c) When a nonresidents operating privilege is suspended or revoked, the department shall forward a certified copy of the record of such action to the motor vehicle administrator in the state wherein such person resides."
SECTION 7. Said chapter is further amended in Code Section 40-5-54, relating to mandatory suspension of license and notice of suspension, by striking subsection (b) of said Code section and inserting in its place the following:
"(b) All judges of all courts having jurisdiction of the offenses set forth in subsection (a) of this Code section shall, at the time of sentencing, give notice to the defendant on forms provided prescribed by the department of the suspension of the defendants drivers license. The period of suspension shall be determined by the department for the term authorized by law. The court shall forward the notice of suspension and the defendants drivers license to the department within ten days from the date of conviction. The department shall notify the defendant of the period of suspension at the address provided by the defendant."
SECTION 8. Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to inspection of motor vehicles, is amended in Code Section 40-8-9, relating to compliance with federal provisions, by striking said Code section and inserting in its place the following:
"40-8-9. It shall be unlawful to operate in this state any truck or truck tractor having a gross weight of 43,000 or more pounds which does not comply with the vehicle identification rules of the commissioner promulgated pursuant to Chapter 7 of Title 46 and Chapter 16 of this title or the vehicle identification rules of the United States Department of Transportation."
SECTION 9. Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting accidents and giving proof of financial responsibility, is amended in Code Section 40-9-3, relating to administration of chapter, rules and regulations, hearings, and appeals, by striking subsection (a) of said Code section and inserting in its place the following:
"(a) The commissioner shall administer and enforce this chapter and is authorized to adopt and enforce rules and regulations necessary for its administration. The commissioner shall prescribe and provide suitable forms requisite or deemed necessary for the purposes of this chapter."'

WEDNESDAY, APRIL 7, 2004 By renumbering Section 3 as Section 10."

3635

Representative Rice of the 64th moved that the House agree to the Senate amendment, as amended by the House, to HB 1168.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister
Butler Y Campbell Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart
Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin
Harper Y Harrell Y Heard, J Y Heard, K
Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Hill, C.A Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y 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 Y Parham
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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

Y Sholar Y Sims Y Sinkfield
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 Y 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 Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

On the motion, the ayes were 155, nays 0. The motion prevailed.

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JOURNAL OF THE HOUSE

HB 1162. By Representatives Powell of the 23rd, Parham of the 94th and Reece of the 21st:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for licensing of ignition interlock device provider centers; to provide a short title; to provide for definitions; to provide for certain requirements for operators of provider centers; to provide for a misdemeanor offense; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend HB 1162 by adding after line 20 of page 3 the following: "(c) A judicial officer, probation officer, law enforcement officer, or other officer or employee of a court or any person employed by a private company which has contracted to provide private probation services for misdemeanor cases, or any employee of the Department of Motor Vehicle Safety or the Department of Human Resources, and any immediate family member thereof shall be prohibited from owning, operating, being employed by or acting as an agent or servant for, or having a financial interest in any provider center."

The following amendment was read and adopted:

Representatives Rice of the 64th and Powell of the 23rd move to amend the Senate amendment to HB 1162 by striking lines 2 through 9 of page 1 and inserting in their place the following:
"Amend HB 1162 by striking lines 5 and 6 of page 1 and inserting in their place the following:
'standards to be set by the commissioner; to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to provide for qualifications for towing and storage firms to serve on a rotation list providing wrecker services for this state or any political subdivision thereof; to provide that the commissioner of the Department of Motor Vehicle Safety may establish rules and regulations for eligibility to serve on rotation lists; to provide for inspections and fees; to provide that the governing authority of a county may license towing and storage firms in the county; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.'
By adding after line 20 of page 3 the following:

WEDNESDAY, APRIL 7, 2004

3637

'(c) A judicial officer, probation officer, law enforcement officer, or other officer or employee of a court or any person employed by a private company which has contracted to provide private probation services for misdemeanor cases, or any employee of the Department of Motor Vehicle Safety or the Department of Human Resources, and any immediate family member thereof shall be prohibited from owning, operating, being employed by or acting as an agent or servant for, or having a financial interest in any provider center.'
By adding after line 13 of page 6 the following:
'SECTION 2. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in Code Section 44-1-13, relating to removal of improperly parked cars or trespassing personal property, by striking subsections (a) and (d) and inserting in lieu thereof new subsections (a), (d), (d.1), and (d.2) to read as follows:
"(a) Any person or his or her authorized agent entitled to the possession of any parcel or space of private real property, hereinafter referred to as 'private property,' shall have the right to remove or cause to be removed from the property any vehicle or trespassing personal property thereon which is not authorized to be at the place where it is found and to store or cause to be stored such vehicle or trespassing personal property, provided that there shall have been conspicuously posted on the private real property notice that any vehicle or trespassing personal property which is not authorized to be at the place where it is found may be removed at the expense of the owner of the vehicle or trespassing personal property. Such notice shall also include information as to the location where the vehicle or personal property can be recovered, the cost of said recovery, and information as to the form of payment; provided, however, that the owner of private residential property containing not more than four residential units shall not be required to comply with the posting requirements of this subsection. Only towing and storage firms issued permits or licenses by the local municipal or county governing authority of the jurisdiction in which they operate or by the Department of Motor Vehicle Safety, and having a secure impoundment facility, shall be permitted to remove trespassing property vehicles and trespassing personal property at the request of the owner or authorized agent of the private property. The licensing authority of a county governing authority shall be limited to towing and storage firms located in the county." "(d) The municipal or county governing authority of each municipality having towing and storage firms operating within its territorial boundaries may issue a license or permit to engage in private trespass towing pursuant to this Code section to any firm meeting the qualifications imposed by said governing authority. The licensing authority of a county governing authority shall be limited to towing and storage firms located in the county. The fee for the license or permit shall be set by such governing authority. The maximum reasonable costs of removal, relocation, and storage pursuant to the provisions of this Code section shall be compensatory, as such term is used in the public utility rate-making procedures, and shall be established annually by the

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governing authority of each municipality or county having towing and storage firms operating within its territorial boundaries; provided, however, that no storage fees shall be charged for the first 24 hour period which begins at the time the vehicle is removed from the property, and no such fees shall be allowed for the removal and storage of vehicles removed by towing and storage firms found to be in violation of this Code section. (d.1) Towing and storage firms operating in multiple jurisdictions shall be subject to regulation by the Department of Motor Vehicle Safety. Any towing and storage firm that is issued a permit by the Department of Motor Vehicle Safety shall not be required to obtain any additional trespass towing licenses or permits from the municipality, county, or consolidated government. (d.2) The Department of Motor Vehicle Safety may establish rules and regulations regarding the disposition of lawfully towed vehicles, vehicle contents, and other personal property held with the vehicle."
SECTION 3. Said title is further amended by inserting a new Code Section 44-1-13.1 to read as follows:
"44-1-13.1. (a) Any towing and storage firm which serves on a rotation list providing wrecker services for this state or any political subdivision thereof shall, upon funding, be certified by the department. The commissioner may establish by rule and regulation the criteria for a towing and storage firm to obtain a permit of eligibility for the rotation list. A towing and storage firm must maintain the minimum amount of liability insurance prescribed by the department to be eligible to serve on a rotation list providing wrecker services for this state or any political subdivision thereof. (b) A towing and storage firm that applies for inclusion on a rotation list providing wrecker services for this state or any political subdivision thereof shall comply with the relevant safety laws, regulations, and policies of the department. To ensure compliance, prior to approval to serve on a rotation list, each towing and storage firm within the state and each vehicle utilized by such towing and storage firm must successfully pass an annual inspection by a department law enforcement officer who is certified to perform such inspection. The department shall require safety and mechanical inspections at least on an annual basis for each vehicle utilized by such towing and storage firm. The commissioner shall provide, by rule and regulation, for the scope of such inspections, the qualifications of persons who may conduct facility inspections, and the manner by which the results of such inspections shall be reported to the department. Such inspections shall be performed annually and shall satisfy the requirements for this state or any political subdivision thereof regarding inspection and certification of vehicles utilized as towing vehicles by such towing and storage firms. (c) The commissioner may establish such fees as deemed appropriate for the certification and inspection of the facilities and vehicles as provided in subsection (b) of this Code section."'

WEDNESDAY, APRIL 7, 2004

3639

By striking lines 14 through 15 of page 6 and inserting in their place the following:
'SECTION 4. Sections 1, 2, 4, and 5 of this Act shall become effective on October 1, 2004. Section 3 of this Act shall become effective on January 1, 2005.'
By redesignating Section 3 as Section 5."

Representative Powell of the 23rd moved that the House agree to the Senate amendment, as amended by the House, to HB 1162.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister
Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Ehrhart Elrod Y Epps Y Fleming Y Floyd, H Floyd, J Y Fludd Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Hanner E Harbin Harper Y Harrell Y Heard, J Y Heard, K Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Hill, C.A Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Jackson James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Joyce Y Keen N Knox Lane Y Lewis Lord Y Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y 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
Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray
Reece, B Y Reece, S
Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C N Rogers, Ch. Y Royal
Rynders Sailor Y Scott Y Shaw Y Sheldon

Y Sholar Y Sims Y Sinkfield
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 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 Westmoreland Y White
Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

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JOURNAL OF THE HOUSE

On the motion, the ayes were 140, nays 3. The motion prevailed.

Representatives Forster of the 3rd, Post 1, Rynders of the 137th, Stephenson of the 60th, Post 1 and Wilkinson of the 41st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1158. By Representatives Powell of the 23rd, Parham of the 94th and Reece of the 21st:
A BILL to amend Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as probation condition, so as to change certain provisions relating to ignition interlock device limited driving permits; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as probation condition, so as to change certain provisions relating to ignition interlock device limited driving permits; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as probation condition, is amended in Code Section 42-8-112, relating to proof of compliance required for reinstatement of certain drivers licenses and for obtaining probationary license and reporting requirements, by inserting a new subsection (d) to read as follows:
"(d)(1) If a person required to report to an ignition interlock provider as required by subsection (c) of this Code section fails to report to the provider as required or receives an unsatisfactory report from the provider at any time during the six-month period, the Department of Motor Vehicle Safety shall revoke such persons ignition interlock device limited driving permit immediately upon notification from the

WEDNESDAY, APRIL 7, 2004

3641

provider of the failure to report or failure to receive a satisfactory report. Except as provided in paragraph (2) of this subsection, within 30 days after such revocation, the person may make a written request for a hearing and remit to the department a payment of $250.00 for the cost of the hearing. Within 30 days after receiving a written request for a hearing and a payment of $250.00, the Department of Motor Vehicle Safety shall hold a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded. (2) Any person whose ignition interlock device limited driving permit was revoked on or before July 1, 2004, for failure to report or failure to receive a satisfactory report may make a written request for a hearing and remit to the department a payment of $250.00 for the cost of the hearing. Within 30 days after receiving a written request for a hearing and a payment of $250.00, the Department of Motor Vehicle Safety shall hold a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded. (3) If the hearing officer determines that the person failed to report to the ignition interlock provider for any of the reasons specified below, the Department of Motor Vehicle Safety shall issue a new ignition interlock device limited driving permit that shall be valid for a period of six months to such person. Such reasons shall be for providential cause and include, but not be limited to, the following:
(A) Medical necessity, as evidenced by a written statement from a medical doctor; (B) The person was incarcerated; (C) The person was required to be on the job at his or her place of employment, with proof that the person would be terminated if he or she was not at work; or (D) The vehicle with the installed interlock device was rendered inoperable by reason of collision, fire, or a major mechanical failure. (4) If the hearing officer determines that the person failed to report to the ignition interlock provider for any reason other than those specified in paragraph (3) of this subsection, or if the person received an unsatisfactory report from the provider, after the expiration of 120 days the person may apply to the department and the department shall issue a new ignition interlock device limited driving permit to such person. (5) This subsection shall not apply to any person convicted of violating Code Section 42-8-118."
SECTION 2. Said article is further amended in Code Section 42-8-117, relating to revocation of driving privilege upon violation of probation imposed by Code Section 42-8-111, by redesignating subsection (a) of said Code section as paragraph (1) of subsection (a) and by adding a new paragraph (2) to read as follows:
"(2) This subsection shall not apply to any person whose limited driving permit has been revoked under subsection (d) of Code Section 42-8-112."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE HOUSE

Representative Powell of the 23rd moved that the House agree to the Senate substitute to HB 1158.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister
Butler Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson
Dollar Y Dooley Y Douglas Y Drenner
Dukes Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Harper Y Harrell Y Heard, J Y Heard, K Heath Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston
Howard Y Howell
Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis
Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey
Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell
Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y 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 Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the motion, the ayes were 154, nays 0. The motion prevailed.

HB 1300. By Representatives Powell of the 23rd, Boggs of the 145th, Burmeister of the 96th and DeLoach of the 127th:

WEDNESDAY, APRIL 7, 2004

3643

A BILL to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to prohibit persons from contracting with any other person to perform utility contracting work unless such other person is properly licensed; to provide that persons holding utility manager and utility foreman certificates must provide proof of completion of a course in safety training every two years; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to prohibit persons from contracting with any other person to perform utility contracting work unless such other person is properly licensed; to redefine the terms 'utility contracting' and 'utility system'; to provide that persons holding valid licenses from the State Construction Industry Licensing Board or its divisions shall be able to perform any work within the scope of their licenses; to repeal the certain requirements concerning bids; to provide that persons holding utility manager and utility foreman certificates must provide proof of completion of a course in safety training every two years; to provide for proof of violations of licensing requirements for utility contractors; to provide for cease and desist orders; to provide for fines for violations of such orders; to provide that the issuance of such orders shall not prevent the board from seeking other remedies; to provide for civil penalties for violation of the chapter; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking paragraphs (13) and (17) of Code Section 43-14-2, relating to definitions, and inserting in lieu thereof new paragraphs (13) and (17) to read as follows:
"(13) 'Utility contracting' means undertaking to construct, erect, alter, or repair or have constructed, erected, altered, or repaired any utility system in which the cost of the utility system work exceeds $100,000.00." "(17) 'Utility system' means:

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JOURNAL OF THE HOUSE

(A) any Any system at least five feet underground, when installed or accessed by trenching, open cut, cut and cover, or other similar construction methods which install or access the system from the ground surface, including, but not limited to, gas distribution systems, electrical distribution systems, communication systems, water supply systems, and sanitary sewerage and drainage systems,; and (B) reservoirs Reserviors and filtration plants, water and waste-water treatment plants, leachate collection and treatment systems associated with landfills, and pump stations, when the system distributes or collects a service, product, or commodity for which a fee or price is paid for said service, product, or commodity or for the disposal of said service, product, or commodity."
SECTION 2. Said chapter is further amended by adding a new paragraph (4.1) to Code Section 43-145, relating to general powers of the State Construction Industry Licensing Board, to read as follows:
"(4.1) Upon notice and hearing authorized and conducted in accordance with Code Section 43-14-10 and any rules and regulations promulgated by the board, either by the board directly or through a valid delegation of the boards enforcement power to a division thereof, assess civil penalties in an amount up to $10,000.00 per violation against any person found to be in violation of any requirement of this chapter;".
SECTION 3. Said chapter is further amended by striking subsections (b) and (h) of Code Section 4314-8.2, relating to utility contractor licenses and utility managers, and inserting in lieu thereof new subsections (b) and (h) to read as follows:
"(b)(1) After June 30, 1994, no sole proprietorship, partnership, or corporation shall have the right to engage in the business of utility contracting unless such business holds a utility contractor license and there is regularly connected with such business a person or persons who holds a valid utility manager certificate issued under this chapter. Such utility manager must be actually engaged in the performance of such business on a full-time basis and oversee the utility contracting work of all employees of the business. In cases where a sole proprietorship, partnership, or corporation has more than one permanent office, then each permanent office shall be registered with the division and at least one person who holds a valid utility manager certificate issued under this chapter shall be stationed in each office on a full-time basis and shall oversee the utility contracting work of all employees of that office. (2) The requirements of this Code section shall not prevent any person holding a valid license issued by the State Construction Industry Licensing Board, or any division thereof, pursuant to this chapter, from performing any work defined in the Code section or sections under the license held by said person was issued." "(h) After June 30, 1994, it shall be unlawful for any contracting body to open or consider any bid for utility contracting unless the bidder has obtained the license required by this Code section or intends to have the utility contracting work performed

WEDNESDAY, APRIL 7, 2004

3645

by another person who has obtained such license. The utility contractor license number of the person who will perform the utility work shall be written on the face of the bid envelope, unless otherwise provided. If 50 percent or more of any multifaceted project being bid is utility work, the bidder must have obtained a utility license and his or her number must be written on the face of the bid. It shall be unlawful for any person to contract with any other person for the performance of utility contracting work who is known by such person not to have a current, valid license as a utility contractor pursuant to this chapter."
SECTION 4. Said chapter is further amended by striking subsection (b) of Code Section 43-14-8.3, relating to utility manager certificates, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The division shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. Persons wishing to qualify for utility manager certification shall submit a completed application form documenting required experience and other qualifications as prescribed by the board with the required fees and shall pass an examination. In order to obtain a utility manager certificate, an applicant must submit proof of completion of a course of safety training in utility contracting approved by the division. In order to continue to hold such certificate, the certificate holder must present proof to the division of completion of a safety training course approved by the division at least every two years from the date of the completion of the initial safety training course."
SECTION 5. Said chapter is further amended by striking subsection (b) of Code Section 43-14-8.4, relating to utility foreman certificates, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The division shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. One requirement for such certification shall be the successful completion of a course of safety training in utility contracting approved by the division. In order to continue to hold such certificate, the certificate holder must submit proof to the division of completion of a safety training course approved by the division at least every two years from the date of the completion of the initial safety training course. In lieu of safety training any person desiring to be issued a utility foreman certificate may submit a completed application on or before December 31, 1994, which documents to the satisfaction of the division at least two years of experience as a utility foreman during the period between January 1, 1984, and June 30, 1994. Any person who does not submit a completed application for certification on or before December 31, 1994, must complete the required safety training in order to be certified."

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JOURNAL OF THE HOUSE

SECTION 6. Said chapter is further amended by adding a new Code Section 43-14-12.2 to read as follows:
"43-14-12.2. (a) If a person is in violation of Code Section 43-14-8.2, 43-14-8.3, or 43-14-8.4, it shall not be necessary for an investigator to observe or witness the unlicensed person engaged illegally in the process of work or to show work in progress or work completed in order to prove the unlawful practice of utility contracting by an unlicensed person. (b) It shall be prima-facie evidence of a violation of this chapter if any person not licensed as a utility contractor advertises that such person is in the business or profession of a utility contractor or advertises in a manner such that the general public would believe that such person is a licensed utility contractor or in the business or profession of a utility contractor. Advertising under this subsection includes, but is not limited to, newspaper, television, or radio advertisements, telephone directory listings, mailings, business cards, or a sign or signs at a place of business or attached to a vehicle. (c) Notwithstanding the provisions of Code Section 43-1-20.1, after notice and hearing, the board may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the business or profession of a utility contractor without a license as required under this chapter or by constructing, erecting, altering, or repairing a utility system without a properly certified utility manager or properly certified utility foreman present at such job site. (d) The violation of any cease and desist order of the board issued under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $5,000.00 for each violation thereof. Each day that a person practices in violation of this Code section and chapter or constructs, erects, alters, or repairs a utility system without a properly certified utility manager or properly certified utility foreman present at such job site shall constitute a separate violation. (e) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section."
SECTION 7. This Act shall become effective on July 1, 2004.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Representative Powell of the 23rd moved that the House agree to the Senate substitute to HB 1300.

WEDNESDAY, APRIL 7, 2004

3647

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister
Butler Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Harper Y Harrell Y Heard, J Y Heard, K Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A 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 N Joyce Y Keen Y Knox Y Lane Y Lewis
Lord Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Martin Y Massey Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S
Rice Y 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
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 Y 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 Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the motion, the ayes were 153, nays 3. The motion prevailed.

Representative Cooper of the 30th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

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JOURNAL OF THE HOUSE

HB 1446. By Representatives Birdsong of the 104th, Warren of the 99th, Roberts of the 135th, Heath of the 18th, Heckstall of the 48th, Post 3 and others:
A BILL to amend Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to homestead exemption by qualified disabled veterans, filing requirements, periodic substantiation of eligibility, and persons eligible without application, so as to change references to the maximum exemption allowable; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend HB 1446 by striking lines 1 through 5 of page 1 and inserting in their place "To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain provisions regarding the disabled veterans homestead exemption; to provide for ad valorem tax exemption for certain motor vehicles owned or leased by certain veterans organizations; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes."
By striking lines 8, 9, and 10 of page 1 and inserting in its place "Chapter 5 of Title 8 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in Code Section 48-5-48, relating to the disabled veterans homestead exemption, by striking".
By inserting immediately following line 34 of page 2 the following:
"SECTION 1A. Said chapter is further amended by adding a new Code section immediately following Code Section 48-5-478.2, to be designated Code Section 48-5-478.3, to read as follows:
'48-5-478.3. (a) As used in this Code section, the term "veterans organization" means any organization or association chartered by the Congress of the United States which is exempt from federal income taxes but only if such organization is a post or organization of past or present members of the armed forces of the United States organized in the State of Georgia with at least 75 percent of the members of which are past or present members of the armed forces of the United States, and where no part of the net earnings of which inures to the benefit of any private shareholder or individual. (b) A single motor vehicle owned by or leased to a veterans organization is hereby exempted from all ad valorem taxes for state, county, municipal, and school purposes.'

WEDNESDAY, APRIL 7, 2004

3649

SECTION 1B. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective July 1, 2004. (b) Section 1A of this Act shall become effective on January 1, 2005, and shall be applicable to all taxable years beginning on or after that date."

Representative Birdsong of the 104th moved that the House agree to the Senate amendment to HB 1446.

On the motion, 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 Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister
Butler Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Harper Y Harrell Y Heard, J Y Heard, K Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson
Hugley Y Jackson
James Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis
Lord Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Maxwell McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray
Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the motion, the ayes were 156, nays 0.

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JOURNAL OF THE HOUSE

The motion prevailed.

HB 1003. By Representatives Powell of the 23rd, Bruce of the 45th, Westmoreland of the 86th, Stoner of the 34th, Post 1, DeLoach of the 127th and others:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the State Licensing Board for Residential and General Contractors; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend the House amendment to the Senate substitute to HB 1003 by adding on line 6 after "Assignments" the phrase, "or successor by Senate Rule";
and adding on line 12 after "Assignments" the phrase, "or successor by Senate Rule";
and adding on line 15 after "Assignments" the phrase, "or successor by Senate Rule";
and adding on line 18 after "Assignments" the phrase, "or successor by Senate Rule".

Representative Boggs of the 145th moved that the House agree to the Senate amendment to the House amendment to the Senate substitute, as amended by the House, to HB 1003.

On the motion, 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
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan N Joyce

Y Mitchell Y Mobley
Moraitakis Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Orrock Parham Y Parrish Y Parsons Porter

Y Sholar Sims
Y Sinkfield 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 Y Stephenson Y Stokes Y Stoner

Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister
Butler Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, APRIL 7, 2004

Y Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin
Harper Y Harrell Y Heard, J Y Heard, K
Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Keen Y Knox Y Lane Y Lewis
Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey
Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Powell Y Purcell Y Ralston Y Randall Y Ray
Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 152, nays 2. The motion prevailed.

3651
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 Westmoreland Y White
Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 514. By Senators Cagle of the 49th, Starr of the 44th and Lee of the 29th:
A BILL to be entitled an Act to amend Code Section 50-17-23 of the Official Code of Georgia Annotated, relating to general obligation and guaranteed revenue debts, so as to authorize the issuance of general obligation bonds bearing interest at variable rates; to provide for procedures, conditions, and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Representative Royal of the 140th moved that the House insist on its position in substituting SB 514.
The motion prevailed.

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JOURNAL OF THE HOUSE

The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

HB 1416. By Representatives Lane of the 101st, Royal of the 140th, Porter of the 119th, Ray of the 108th, Jenkins of the 93rd and others:
A BILL to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxation of property, so as to change certain provisions relating to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual report; to expressly include certain property devoted to production of wildlife by maintaining wildlife habitat within the meaning of bona fide conservation use property; and for other purposes.

The following Senate amendments were read:

Senate Amendment #1
A BILL
To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide for additional circumstances where a covenant may be renewed or reentered where certain qualifying uses have been discontinued and the propertys primary use is maintenance of a wildlife habitat; to provide for conditions and limitations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, is amended by adding a new paragraph immediately following paragraph (2) of subsection (a), to be designated paragraph (2.1), to read as follows:
"(2.1) Notwithstanding any other provision of this Code section to the contrary, in the case of property which otherwise meets the requirements for current use assessment and the qualifying use is pursuant to division (1)(E)(iii) of this subsection, when the owner seeks to renew the covenant or reenter a covenant subsequent to the termination of a previous covenant which met such requirements and the owner meets the qualifications under this Code section but the property is no longer being used for the qualified use for which the previous covenant was entered pursuant to division

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(1)(E)(iii) of this subsection, the property is not environmentally sensitive property within the meaning of paragraph (2) of this subsection, and the primary use of the property is maintenance of a wildlife habitat of not less than ten acres either by maintaining the property in its natural condition or under management, the county board of tax assessors shall be required to accept such use as a qualifying use for purposes of this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Senate Amendment #2
Amend HB 1416 by striking lines 9 and 10 of page 3 and inserting in lieu thereof the following: "production of fish or wildlife by maintaining not less than ten acres of wildlife habitat either in its natural state or under management, which shall be deemed a type of agriculture; provided, however, that no form of commercial fishing or fish production shall be considered a type of agriculture;"

Representative Lane of the 101st moved that the House agree to the Senate amendments to HB 1416.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G

Y Day Dean
Y Deloach Dix Dodson Dollar
Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod
Epps Fleming Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D

Y Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley
Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce
Keen Y Knox Y Lane Y Lewis
Lord

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock Y Parham
Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Ray

Y Sholar Y Sims Y Sinkfield
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 Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson

3654
Bunn Burkhalter Y Burmeister Y Butler Campbell Y Casas Y Chambers Y Channell Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin
Harper Y Harrell Y Heard, J
Heard, K Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Lucas Lunsford Maddox Mangham Manning Marin Martin Y Massey Maxwell Y McBee Y McCall McClinton Y Millar Y Mills

Y Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C
Rogers, Ch. Royal Y Rynders Sailor Y Scott Shaw Y Sheldon

On the motion, the ayes were 130, nays 0. The motion prevailed.

Y Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 1086. By Representative Powell of the 23rd:
A BILL to amend Code Section 45-11-8 of the Official Code of Georgia Annotated, relating to engaging in the bail bond business, so as to allow persons engaged in the bail bond business to become an elected official for certain local offices; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:
HB 1156. By Representatives Powell of the 23rd, Smith of the 13th, Post 2 and Snow of the 1st:
A BILL to amend Article 3 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the officers of the Department of Transportation, so as to provide that the commissioner of transportation shall

WEDNESDAY, APRIL 7, 2004

3655

have the authority to appoint and employ investigators; to provide for powers of such investigators; and for other purposes.
HB 1248. By Representatives Powell of the 23rd, Parham of the 94th and Reece of the 21st:
A BILL to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and transportation, so as to change certain provisions relating to household goods carriers and services provided by such carriers; to change certain provisions relating to motor contract carriers; to change certain provisions relating to chauffeur permits; and for other purposes.
HB 1348. By Representative Harbin of the 80th:
A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to permit insurers to provide food or refreshments under certain circumstances to current or prospective clients during sales presentations and seminars provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 1321. By Representatives Oliver of the 56th, Post 2, Henson of the 55th, Mitchell of the 61st, Post 3, Mangham of the 62nd, Williams of the 61st, Post 2 and others:
A BILL to amend Article 5 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to limitations on annexation, so as to repeal a requirement that municipalities may not annex in counties with populations between 625,000 and 725,000 except upon the approval of the county governing authority; and for other purposes.
HB 1362. By Representatives Parrish of the 102nd, Hanner of the 133rd, Oliver of the 121st, Post 2, Morris of the 120th, Barnard of the 121st, Post 1 and others:
A BILL to amend Code Section 27-2-3.1 of the Official Code of Georgia Annotated, relating to archery and primitive weapons hunting licenses, all weapons hunting licenses, sportsman's licenses, license card carrier requirements, and lifetime sportsman's licenses, so as to change certain provisions relating to lifetime sportsman's licenses; and for other purposes.

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JOURNAL OF THE HOUSE

HB 1409. By Representative Royal of the 140th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption with respect to ice; and for other purposes.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 1751. By Representatives Stephens of the 123rd, Channell of the 77th, Parrish of the 102nd and Barnard of the 121st, Post 1:
A BILL to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for the circumstances under which the Board of Community Health may contract for the coverage of employees of governmental entities; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, so as to provide for the circumstances under which the Board of Community Health may contract for the coverage of employees of governmental entities; to provide that the Board of Community Health is authorized to contract with the community service boards for the inclusion in such plan of any person who retires as an employee of a community service board with at least ten years of actual service and after attaining the age of 60 years, or after 30 years of actual service to a community service board regardless of age; to provide for employer and employee contributions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds that federally qualified health centers, as defined in Section 1395x(aa)(4) of Title 42 of the United States Code Annotated, promote and preserve the provision of primary care to the residents of Georgia, particularly residents in rural areas

WEDNESDAY, APRIL 7, 2004

3657

of Georgia. Steps must be taken to promote the continued existence of the federally qualified health centers in order to promote the availability of primary health care to Georgias rural citizens.
SECTION 2. The General Assembly further finds that the state employees health insurance plan is a governmental plan exempt from the regulatory requirements of the Employee Retirement Income Security Act of 1974 and declares that it is the public policy of the State of Georgia that the Board of Community Health take all steps necessary and proper to ensure that said exemption is retained by the state.
SECTION 3. Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, is amended by striking Code Section 45-187.7, relating to employees and dependents of critical access hospitals in health plans, in its entirety and inserting in lieu thereof the following:
"45-18-7.7. (a) The board is authorized to contract with any public or nonprofit critical access hospital that meets such requirements as the department may establish for the inclusion of the employees and dependents of such critical access hospitals in any health plan established under this article. It shall be the duty of such critical access hospital to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees as may be required under the boards regulations. In addition, it shall be the duty of such critical access hospital to make the employer contributions required for the operation of such plan. (b) The board is authorized to contract with any federally qualified health center, as defined in Section 1395x(aa)(4) of Title 42 of the United States Code Annotated, that meets such requirements as the department may establish for the inclusion of the employees and dependents of such federally qualified health centers in any health plan established under this article. It shall be the duty of the federally qualified health center to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees as may be required under the boards regulations. In addition, it shall be the duty of such federally qualified health center to make the employer contributions required by the board for the operation of such plan. The department shall make a determination, no later than January 1, 2005, as to whether a federally qualified health center is an agency or instrumentality of the State of Georgia. In the event that the department determines that such centers are agencies or instrumentalities of the State of Georgia, then all employees and dependents of such centers shall be eligible for inclusion in the state employees health insurance plan. (c) The authority granted to the board pursuant to Code Sections 45-18-5.1, 45-18-5.2, 45-18-7.1, 45-18-7.2, 45-18-7.3, 45-18-7.5, and 45-18-7.6, by this Code section, or by any other provision of this article may be exercised only upon a determination by the

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department that the employer is an agency or instrumentality of the State of Georgia or upon the departments receipt of an advisory opinion by the United States Department of Labor that the inclusion of such employer would not result in a determination that the state employees health insurance plan is subject to regulation as a nongovernmental plan; provided, however, that such restriction shall not apply to contracts entered into prior to July 1, 2003."
SECTION 4. Said article is further amended by inserting immediately following Code Section 45-187.7 a new Code section to read as follows:
"45-18-7.8. The board is authorized to contract for the continuation of coverage in any health insurance plan established under this article for their employees and their eligible dependents with the community service boards created by Chapter 2 of Title 37 for the inclusion of employees who retire on or after July 1, 2003, with at least ten years of actual service to a community service board after having attained the age of 60 years, or after 30 years of actual service to a community service board regardless of age, and the spouses and dependent children of such employees, as defined by the regulations of the board, in any health insurance plan or plans established under this article. It shall be the duty of each community service board to collect such payment from its qualified retired employees or dependents as may be required under the boards regulations. In addition, it shall be the duty of each community service board to make the employer contributions required for the operation of such plan or plans; provided, however, that each community service board shall be liable for the entire amount due without regard to whether it has received the employees share."
SECTION 5. This Act shall become effective on July 1, 2004.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Stephens of the 123rd and Channell of the 77th move to amend the Senate substitute to HB 1751 by striking lines 4 through 8 of page 1 and inserting in their place the following:
"of governmental entities; to"

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3659

By striking line 32 of page 2 through line 2 of page 3 and inserting in their place the following:
"department that the employer is an agency or instrumentality of the State of Georgia or, if the department determines that such entities are not agencies or instrumentalities of the State of Georgia, then employees and dependents of such entities may be included in the state employees health insurance plan up to the point that such health plan would not be able to retain its exempt status under the federal Employee Retirement Income Security Act of 1974.".
By striking lines 3 through 20 of page 3 and by renumbering Sections 5 and 6 as Sections 4 and 5, respectively.

Representative Stephens of the 123rd moved that the House agree to the Senate substitute, as amended by the House, to HB 1751.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn
Burkhalter Y Burmeister Y Butler
Campbell Y Casas Y Chambers Y Channell Y Childers

Y Day Dean
Y Deloach Dix Dodson
Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod
Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner
Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K

Y Hill, C.A Y Hill, V Y Hines
Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce
Keen Y Knox Y Lane Y Lewis
Lord Y Lucas
Lunsford Y Maddox
Mangham Y Manning Y Marin
Martin Massey Y Maxwell

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock Y 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 Y Rogers, Ch. Y Royal

Y Sholar Sims
Y Sinkfield Skipper
Y Smith, B Smith, L
Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snow Y Stanley-Turner
Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet
Teper Thomas Morgan Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Westmoreland Y White Y Wilkinson Willard Y Williams, A

3660
Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Rynders Sailor
Y Scott Shaw
Y Sheldon

On the motion, the ayes were 141, nays 0. The motion prevailed.

Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

HB 617. By Representatives Graves of the 106th, Childers of the 13th, Post 1, Wilkinson of the 41st and Watson of the 60th, Post 2:
A BILL to amend Article 7 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to clinical perfusionist licensure, so as to change the period of time for which a provisional license shall be valid; to provide for licensure of provisional licensees; to provide for revocation of a provisional license for failure to meet certain licensure requirements; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physicians assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to change provisions relating to physicians assistants; to provide for a definition; to change the provisions relating to application for an assistant; to provide for an inactive licensure status; to change the provisions relating to clinical perfusionists; to change the period of time for which a provisional license shall be valid; to provide for licensure of provisional licensees; to provide for revocation of a provisional license for failure to meet certain licensure requirements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physicians assistants, cancer and glaucoma treatment, respiratory care,

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clinical perfusionists, and orthotics and prosthetics practice, is amended by striking Code Section 43-34-102, relating to definitions, and inserting in its place the following:
"43-34-102. As used in this article, the term:
(1) 'Alternate supervising physician' means a physician to whom a primary supervising physician has delegated the responsibility of supervising a physicians assistant who is licensed to that primary supervising physician and who agrees to supervise the physicians assistant for the primary supervising physician and who is on record with the board. (2) 'Board' means the Composite State Board of Medical Examiners as created by Code Section 43-34-21. (3) 'Carry out a prescription drug or device order' means to complete, on a form established and approved by the board, a written prescription drug order or a prescription device order pursuant to the authority delegated by a supervising physician. (4) 'Evaluation agency' means a public or private hospital, school, laboratory, clinic, federal or state institution or agency, or similar facility which has been approved by the board as possessing personnel and equipment and as having had practice in a health care field sufficient to be able to make an objective appraisal, in a manner prescribed by the board, of the proposed physicians assistants qualifications to perform the tasks described in the job description. (5) 'Job description' means a document, signed by the primary supervising physician and the physicians assistant whom the primary supervising physician is supervising, which describes the professional background and specialty of the primary supervising physician; the qualifications, including related experience of the physicians assistant; and a general description of how the physicians assistant will be utilized in the practice. A job description shall not be required to contain every activity the physician deems the physicians assistant qualified to perform but shall confine the activities of the physicians assistant to those in the scope of practice of the primary supervising physician. (5) (6) 'Physician' means a person lawfully licensed in this state to practice medicine and surgery pursuant to Article 2 of this chapter. (6) (7) 'Physicians assistant' means a skilled person qualified by academic and practical training to provide patients services not necessarily within the physical presence but under the personal direction or supervision of the applying physician. (7) (8) 'Primary supervising physician' means the physician to whom the board licenses a physicians assistant pursuant to a board approved job description and who has the primary responsibility for supervising the practice of that physicians assistant."
SECTION 2. Said chapter is further amended by striking subsection (a) of Code Section 43-34-103, relating to application for a physicians assistant, and inserting in its place the following:

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"(a) In order to obtain approval for the utilization of a person as a physicians assistant, whether the utilization is in a private practice or through a public or private health care institution or organization, the licensed physician who will be responsible for the performance of that assistant shall submit an application to the board. Such application shall include:
(1) Evidence submitted by the proposed physicians assistant of his or her good moral character; (2) Evidence of his or her competency in a health care area related to the job description which, as a minimum, shall include:
(A) Evidence of satisfactory completion of a training program approved by the board. If the applicant is not a graduate of an accredited school approved by the board, he or she shall be required to receive board approved refresher training and testing; (B) A finding by the board approved evaluation agency that the proposed physicians assistant is qualified to perform the tasks described in the job description; (C) Any nursing task by a student enrolled in a nursing program approved by the Georgia Board of Nursing where any such task is performed under the supervision of an authorized instructor lawfully licensed in this state to perform such tasks; and (D) Evidence that the person who is to be used as a physicians assistant has achieved a satisfactory score on an appropriate examination outlined, approved, or administered by the board. The board may issue a temporary permit to any applicant for licensure who has satisfied the provisions of subparagraphs (A) and (B) of this paragraph and who is an applicant for the next available board approved or administered examination or who has completed this examination and is awaiting the results of such examination. The temporary permit shall expire upon notification of the applicants failure to achieve a satisfactory score on the board approved or administered examination. The board may grant an inactive licensure status to a physicians assistant who is licensed pursuant to this article but who is not practicing with the supervision of a board approved primary supervising physician; (3) A job description, signed by the applying physician, which shall include: (A) The qualifications, including related experience, possessed by the proposed physicians assistant; (B) The professional background and specialty of the physician submitting the application; and (C) A description of the physicians practice and the way in which the assistant is to be utilized; and meeting the requirements of paragraph (5) of Code Section 43-34102; and (4) A fee, established by the board; provided, however, that no fee will be required if the physicians assistant is an employee of the state or county government."
SECTION 3. Said chapter is further amended by striking subsections (c) and (d) of Code Section 43-

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34-175, relating to issuance of provisional licensed clinical perfusionist license, supervision of licensee, renewal, and revocation, and inserting in their respective places the following:
"(c) A provisional license shall be valid for one year two years from the date it is issued and may not be renewed no more than one time by the same procedures established for the renewal of licenses pursuant to this article, if the application for renewal is signed by a supervising licensed clinical perfusionist. The provisional licensee must comply with all of the requirements for licensure under Code Section 4334-173 prior to the expiration of the two-year provisional license period. A provisional licensee may submit an application for licensure as a licensed clinical perfusionist once he or she has complied with all of the requirements for licensure under Code Section 43-34-173. (d) If a person fails any portion of the licensure examination to meet the requirements for licensure under Code Section 43-34-173 on or before the expiration of the two-year provisional license period, such persons provisional license shall be automatically revoked and surrendered to the board."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Graves of the 106th moved that the House agree to the Senate substitute to HB 617.

On the motion, 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
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod
Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd

Y Hill, C.A Y Hill, V
Hines Holmes Y Houston Y Howard Y Howell Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Joyce

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock Y Parham
Parrish Y Parsons Y Porter

Y Sholar Sims
Y Sinkfield Skipper
Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner

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Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler
Campbell Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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E Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin
Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Keen Y Knox Y Lane Y Lewis
Lord Y Lucas Y Lunsford Y Maddox
Mangham Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Powell Y Purcell Y Ralston
Randall Ray Y Reece, B Y Reece, S Y Rice Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 147, nays 0. The motion prevailed.

Y Teilhet Teper
Y Thomas Morgan Y Thomas, A.M
Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

The following Bill of the House was taken up for the purpose of considering the Senate's disagreeing to the House amendment to the Senate amendment thereto:

HB 923. By Representatives Heard of the 75th and McBee of the 74th:
A BILL to amend Article 4 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable under the Georgia Judicial Retirement System, so as to provide that a member of such retirement system who is a vested member in a local retirement system and who has not withdrawn his or her contributions shall be entitled to have all of the employer and employee contributions paid by or on behalf of such member transferred to the Georgia Judicial Retirement System; and for other purposes.

Representative Heard of the 75th moved that the House insist on its position in amending the Senate amendment to HB 923 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

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The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Heard of the 75th, Cummings of the 19th and Williams of the 61st, Post 2.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 984. By Representatives Purcell of the 122nd, Oliver of the 121st, Post 2, Keen of the 146th, Stephens of the 123rd, DeLoach of the 127th and others:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding the designation of counties as less developed areas for purposes of certain income tax credits; to provide for such designation with respect to portions of certain counties; to provide for such designation with respect to tax credits for existing manufacturing and telecommunications facilities or manufacturing or telecommunications support facilities; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding the designation of counties as less developed areas for purposes of certain income tax credits; to authorize the addition to the job tax credit program of areas where there is a poverty rate of 20 percent or greater in an enterprise zone, a redevelopment plan has been adopted, and the commissioner of community affairs finds pervasive poverty, underdevelopment, general distress, and blight; to provide that, in areas suffering from pervasive poverty, job tax credits shall be allowed to any lawful business; to remove the requirement that 30 percent of the new full-time jobs must be held by a resident of the affected area or similar area; to increase the allowable amount of tax credits that can be claimed in a tax year from 50 percent to 100 percent of the taxpayers state income tax liability; to amend Chapter 88 of Title 36 of the Official Code

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of Georgia Annotated, relating to the "Enterprise Zone Employment Act of 1997," so as to update references to federal law and census data; to provide a definition; to modify and add additional criteria for enterprise zones; to provide a limit on certain tax exemptions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, is amended by striking Code Section 48-7-40.1, relating to additional tax credits in less developed areas, and inserting in its place a new Code Section 48-7-40.1 to read as follows:
"48-7-40.1. (a) As used in this Code section, the term 'business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, tourism, and research and development industries. Such term shall not include retail businesses. (b) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Commerce, the commissioner of community affairs shall rank and designate as less developed areas the areas which are comprised of ten or more contiguous census tracts in this state using a combination of the following equally weighted factors:
(1) Highest unemployment rate for the most recent 36 month period; (2) Lowest per capita income for the most recent 36 month period; and (3) Highest percentage of residents whose income is below the poverty level according to the most recent data available. (c) The commissioner of community affairs also shall be authorized to include in the designation provided for in subsection (b) of this Code section: (1) Any area comprised of ten or more contiguous census tracts which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such area; or (2) Any area comprised of one or more census tracts adjacent to a federal military installation where pervasive poverty is evidenced by a 15 percent poverty rate or greater as reflected in the most recent decennial census; (3) Any area comprised of one or more contiguous census tracts which, in the opinion of the commissioner of community affairs, is or will be adversely impacted by the loss of one or more jobs, businesses, or residences as a result of an airport expansion, including noise buy-outs, or the closing of a business enterprise which, in the opinion of the commissioner of community affairs, results or will result in a sudden and severe period of economic distress; or

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(4) Any area comprised of two or more contiguous census block groups with a poverty rate of 20 percent or greater as determined from data in the most current United States decennial census, where the area is also included within a state enterprise zone pursuant to Chapter 88 of Title 36, where a redevelopment plan has been adopted pursuant to Chapter 61 of Title 36, and which, in the opinion of the commissioner of community affairs, displays pervasive poverty, underdevelopment, general distress, and blight. No designation made pursuant to this subsection shall operate to displace or remove any other area previously designated as a less developed area. Notwithstanding any provision of this Code section to the contrary, in areas designated as suffering from pervasive poverty under this paragraph, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises, to any lawful business. (d) For business enterprises which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular area is removed from the list of less developed areas. (e) Business enterprises in areas designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with years two through six after the creation of such job; provided, however, that where the amount of such credit exceeds a business enterprises liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $3,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by five or more in a less developed area shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health

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insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. In addition, not less than 30 percent of such new fulltime jobs must be held by a resident of the less developed area for which the credit is sought or another such designated less developed area. Credit shall not be allowed during a year if the net employment increase falls below five. Any credit received for years prior to the year in which the net employment increase falls below five shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of five. (f) Tax credits for five years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b) or (c) of this Code section. Additional new full-time jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through six, or whatever portion of years two through six which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. (g) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification. (h) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, but the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 100 percent of the taxpayers state income tax liability which is attributable to income derived from operations in this state for that taxable year."
SECTION 2. Chapter 88 of Title 36 of the Official Code of Georgia Annotated, relating to the "Enterprise Zone Employment Act of 1997," is amended by striking subparagraph (E) of paragraph (6) of Code Section 36-88-3, relating to definitions, and inserting in lieu thereof a new subparagraph (E) to read as follows:
"(E) A participant in the Job Training Partnership Workforce Investment Act or who has participated in the Job Training Partnership Workforce Investment Act at any time during the 18 months previous to the date of hire;".
SECTION 3. Said chapter is further amended by adding a new paragraph (10) to Code Section 36-883, relating to definitions, to read as follows:

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"(10) 'Urban redevelopment plan' means a plan prepared and adopted pursuant to the requirements of Chapter 61 of this title."
SECTION 4. Said chapter is further amended by striking Code Section 36-88-6, relating to criteria for an enterprise zone, and inserting in lieu thereof a new Code Section 36-88-6 to read as follows:
"36-88-6. (a) In order to be designated as an enterprise zone, a nominated area shall meet either at least three of the four five criteria specified in subsections (b), (c), (d), (e), and (e) (f) of this Code section or the criterion specified in subsection (g) of this Code section. In determining whether an area suffers from poverty, unemployment, or general distress, the governing body shall use data from the most current United States decennial census and from other information published by the Federal Bureau of the Census, the Federal Bureau of Labor Statistics, and the Georgia Department of Labor. In determining whether an area suffers from underdevelopment, the governing body shall use the data specified in subsection (e) of this Code section. The data shall be comparable in point or period of time and methodology employed. (b) Pervasive poverty shall be evidenced by showing that poverty is widespread throughout the nominated area and shall be established by using the following criteria:
(1) The poverty rate shall be determined from the data in Table P121 contained in Census of Population and Housing, 1990: Summary Tape File 3A, on CD-ROM (Georgia), the most current United States decennial census prepared by the U.S. Bureau of Census (1992); (2) For each census geographic block group within the nominated area, the ratio of income to poverty level for at least 20 percent of the residents shall be less than 1.0; (3) In at least 50 percent of the census geographic block groups within the nominated area, the ratio of income to poverty level for at least 30 percent of the residents shall be less than 1.0; (4)(3) Census geographic block groups with no population shall be treated as having a poverty rate which meets the standards of paragraph (2) of this subsection but shall be treated as having a zero poverty rate for the purpose of applying paragraph (3) of this subsection; and (5)(4) All parcels of a nominated area must abut and may not contain a noncontiguous parcel, unless such nonabutting parcel qualifies separately under the criteria set forth under paragraphs paragraph (2) and (3) of this subsection. (c) Unemployment shall be evidenced by the use of data published by the Office of Labor Information Systems of the Georgia Department of Labor indicating that the average rate of unemployment for the nominated area for the preceding calendar year is at least 10 percent higher than the state average rate of unemployment or by evidence of adverse economic conditions brought about by significant job dislocation within the nominated area such as the closing of a manufacturing plant or federal facility.

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(d) General distress shall be evidenced by adverse conditions within the nominated area other than those of pervasive poverty and unemployment. Examples of such adverse conditions include, but are not limited to, a high incidence of crime, abandoned or dilapidated structures, deteriorated infrastructure, and substantial population decline. (e) Underdevelopment shall be evidenced by data indicating development activities, or lack thereof, through land disturbance permits, business license fees, building permits, development fees, or other similar data indicating that the level of development in the nominated area is at least 20 percent lower than development activity within the local governing bodys jurisdiction. (f) General blight within the nominated area shall be evidenced by the inclusion of any portion of the nominated area in an urban redevelopment area as defined by paragraph (20) of Code Section 36-61-2 for which an urban redevelopment plan has been adopted by the affected governing bodies according to the requirements of Chapter 61 of this title. (g) Notwithstanding any other provision of subsections (a) through (f) of this Code section, a nominated area may be designated as an enterprise zone if it is located within a county designated as a tier 1 county under the job tax credit program as provided for in Code Section 48-7-40."
SECTION 5. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 36-88-8, relating to tax exemptions, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(a)(1) The governing body of a local government or governments creating an enterprise zone shall include in the creating ordinance a provision to exempt qualifying business and service enterprises from state, county, and municipal ad valorem taxes that would otherwise be levied on the qualifying business and service enterprises in accordance with not to exceed the following schedule:
(A) One hundred percent of the property taxes shall be exempt for the first five years; (B) Eighty percent of the property taxes shall be exempt for the next two years; (C) Sixty percent of the property taxes shall be exempt for the next year; (D) Forty percent of the property taxes shall be exempt for the next year; and (E) Twenty percent of the property taxes shall be exempt for the last year."
SECTION 5A. Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to authority of local governments to adopt regulations imposing monthly '911' charges, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:

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"(a)(1) The subscriber of an exchange access facility may be billed for the monthly '911' charge, if any, imposed with respect to that facility by the service supplier. Such '911' charge may not exceed $1.50 $2.00 per month per exchange access facility provided to the telephone subscriber. All exchange access facilities billed to federal, state, or local governments shall be exempt from the '911' charge. Each service supplier shall, on behalf of the local government, collect the '911' charge from those telephone subscribers to whom it provides exchange telephone service in the area served by the emergency '911' system. As part of its normal billing process, the service supplier shall collect the '911' charge for each month an exchange access facility is in service, and it shall list the '911' charge as a separate entry on each bill. If a service supplier receives a partial payment for a bill from a telephone subscriber, the service supplier shall apply the payment against the amount the telephone subscriber owes the service supplier first.
(2)(A) If the governing authority of a local government operates or contracts for the operation of an emergency '911' system which is capable of providing or provides automatic number identification of a wireless telecommunications connection and the location of the base station or cell site which receives a '911' call from a wireless telecommunications connection, the subscriber of a wireless telecommunications connection whose billing address is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency '911' system may be billed for the monthly wireless enhanced '911' charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced '911' charge may not exceed the amount of the monthly '911' charge imposed upon subscribers of exchange access facilities pursuant to paragraph (1) of this subsection and, in no event, shall such wireless enhanced '911' charge exceed $1.00 $1.50 per month per wireless telecommunications connection provided to the telephone subscriber. (B) On and after October 1, 2001, if the governing authority of a local government operates or contracts for the operation of an emergency '911' system which is capable of providing or provides automatic number identification and automatic location identification of a wireless telecommunications connection, the subscriber of a wireless telecommunications connection whose billing address is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency '911' system may be billed for the monthly wireless enhanced '911' charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced '911' charge may not exceed the amount of the monthly '911' charge imposed upon subscribers of exchange access facilities pursuant to paragraph (1) of this subsection and shall be imposed on a monthly basis for each wireless telecommunications connection provided to the telephone subscriber.

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(C) All wireless telecommunications connections billed to federal, state, or local governments shall be exempt from the wireless enhanced '911' charge. Each wireless service supplier shall, on behalf of the local government, collect the wireless enhanced '911' charge from those telephone subscribers whose billing address is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency '911' system. As part of its normal billing process, the wireless service supplier shall collect the wireless enhanced '911' charge for each month a wireless telecommunications connection is in service, and it shall list the wireless enhanced '911' charge as a separate entry on each bill. If a wireless service supplier receives partial payment for a bill from a telephone subscriber, the wireless service supplier shall apply the payment against the amount the telephone subscriber owes the wireless service supplier first. (D) Notwithstanding the foregoing, the application of any '911' service charge with respect to a mobile telecommunications service, as defined in 4 U.S.C. Section 124(7), shall be governed by the provisions of Code Section 48-8-6."
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and apply to all taxable years beginning on or after January 1, 2004.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Purcell of the 122nd, Royal of the 140th and Stephens of the 123rd moves to amend the Senate substitute to HB 984 by striking line 7 of page 5 and inserting in its place the following:
"this Code section. In".
By inserting quotation marks at the end of line 15 of page 6.
By deleting lines 16 through 19 of page 6.

Representative Purcell of the 122nd moved that the House agree to the Senate substitute, as amended by the House, to HB 984.

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On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield
Birdsong Black Y Boggs Y Bordeaux Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Campbell Y Casas Y Chambers Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson
Dollar Dooley Y Douglas Y Drenner Y Dukes Ehrhart Y Elrod Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd E Forster Y Franklin Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell Y Hudson
Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan
Joyce Keen Y Knox Y Lane Y Lewis Lord Y Lucas Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall McClinton Millar Y Mills

Y Mitchell Y 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
Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Ray Y Reece, B Y Reece, S Y Rice Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Sailor Y Scott Y Shaw Y Sheldon

Y Sholar Sims Sinkfield Skipper
Y Smith, B Y Smith, L
Smith, P Y Smith, T Y Smith, V
Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Stokes Stoner Teilhet Teper Y Thomas Morgan Thomas, A.M Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Westmoreland Y White Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Coleman, Speaker

On the motion, the ayes were 130, nays 0. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1766. By Representatives James of the 114th, Ray of the 108th, Williams of the 128th, Mosley of the 129th, Post 1, Black of the 144th and others:

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A BILL to create the Aquaculture Division within the Department of Agriculture and provide for its powers and duties; to create the Aquaculture Development Advisory Council and provide for its powers and duties; to amend reserved Chapter 15 of Title 2 of the Official Code of Georgia Annotated, so as to strike the reserved designation; to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated; to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated; to amend Title 2 of the Official Code of Georgia Annotated; to amend Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated; to amend Title 27 of the Official Code of Georgia Annotated; and for other purposes.

Representative James of the 114th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1766 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Ray of the 108th, James of the 114th and Black of the 144th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 148. By Senators Squires of the 5th and Clay of the 37th:
A BILL to be entitled an Act to amend Part 6 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to deprivation, so as to change and reorganize provisions relating to allegedly deprived children; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Stephenson of the 60th, Post 1 moved that the House insist on its position in substituting SB 148.
The motion prevailed.

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The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 239. By Representatives Lunsford of the 85th, Post 2, Westmoreland of the 86th, Campbell of the 39th, Keen of the 146th and Maddox of the 59th, Post 2:
A BILL to amend Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to inmate records and earned time allowances in county correctional facilities, so as to change provisions relating to earned time allowances; to increase the maximum amount of earned time which may be awarded when an inmate does work on an authorized work detail; and for other purposes.

Representative Lunsford of the 85th, Post 2 moved that the House insist on its position in disagreeing to the Senate amendments to HB 239 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Greene of the 134th, Lunsford of the 85th, Post 2 and Buckner of the 109th.

Representative Smith of the 13th District, Post 2, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 596 Do Pass

Respectfully submitted, /s/ Smith of the 13th, Post 2
Chairman

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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 bill of the House:
HB 648. By Representatives Ray of the 108th, Purcell of the 122nd, James of the 114th, Black of the 144th, Jenkins of the 93rd and others:
A BILL to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the regulation of certain poultry production contracts and practices related thereto; and for other purposes.
The Senate has disagreed to the House amendment to the Senate substitute to the following bill of the House:
HB 1555. By Representatives Channell of the 77th, Watson of the 60th, Post 2 and Teilhet of the 34th, Post 2:
A BILL to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to extend the suspension of the surcharge on the employer contribution rate based upon the State-wide Reserve Ratio; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:
HB 1414. By Representatives Bannister of the 70th, Post 1, Parsons of the 29th, Mitchell of the 61st, Post 3, Heard of the 70th, Post 3, Massey of the 24th and others:
A BILL to amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to the use of proceeds from the special purpose 1 percent sales and use tax, so as to require annual publication of certain audit information; and for other purposes.
HB 1568. By Representative Mitchell of the 61st, Post 3:
A BILL to amend Code Section 37-2-6.1 of the Official Code of Georgia Annotated, relating to program director, staff, budget, facilities, powers and duties, and exemption from taxation of community service boards, so as to provide that no community service board shall employ any person who is

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receiving a retirement benefit from the Employees' Retirement System of Georgia except in compliance with the provisions of Code Section 47-2-110; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 1431. By Representative Fleming of the 79th:
A BILL to amend Code Section 9-13-80 of the Official Code of Georgia Annotated, relating to executions being cancelled when satisfied and private rights of action, so as to provide specific deadlines and remedies for cancellation of record of fully satisfied judgment executions; to provide alternative methods to cancel fully satisfied judgments; and for other purposes.
HB 1512. By Representatives Henson of the 55th, Moraitakis of the 42nd, Post 4, Wilkinson of the 41st, Thomas of the 43rd, Post 1 and Watson of the 60th, Post 2:
A BILL to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to provide for additional authority for the board to condition any sanction for a nonclinical infraction, including the authority to expunge or delete such infraction from the disciplinary record of any licensee; and for other purposes.
HB 1582. By Representatives Martin of the 37th and Greene of the 134th:
A BILL to amend Code Section 50-16-18 of the Official Code of Georgia Annotated, relating to writing off small amounts due to the state, so as to provide that the Department of Technical and Adult Education may write off amounts up to $3,000.00; and for other purposes.
The Senate insists on its amendment #1 and recedes from its amendment #2 to the following bill of the House:
HB 846. By Representatives Skipper of the 116th, Buck of the 112th, Porter of the 119th, Orrock of the 51st and Westmoreland of the 86th:
A BILL to amend the Official Code of Georgia Annotated so as to change references to certain committees of the Georgia Senate and House of Representatives in the Official Code of Georgia Annotated to conform such references to committee names as adopted by resolution by the Georgia Senate

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and the House of Representatives, respectively; to provide for editorial revision; and for other purposes.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 208. By Representatives Fludd of the 48th, Post 4, Moraitakis of the 42nd, Post 4, Oliver of the 56th, Post 2, Stephenson of the 60th, Post 1, Hill of the 81st and others:
A BILL to amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Property Owners' Association Act," so as to clarify the definition of "lots"; to clarify the definition of "lot owner"; to clarify the definition of "property owners' development"; to clarify enforcement powers; to clarify voting procedures for multiple-owner units; to conform proxy requirements to other provisions of the law; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Property Owners Association Act," so as to change certain definitions; to clarify voting procedures at association meetings; to change provisions relating to liability for unpaid assessments; to clarify incorporated names of associations; to clarify meeting quorum requirements; to clarify requirements for calling meetings; to change procedures for judicial foreclosure; to clarify applicability of this article; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Property Owners Association Act," is amended by striking paragraphs (9) and (18) of Code Section 44-3-221, relating to definitions, and inserting in lieu thereof the following:
"(9) 'Lot' means any plot or parcel of land, other than a common area, designated for separate ownership and occupancy shown on a recorded subdivision plat for a

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development and subject to a declaration. Where the context indicates or requires, the term lot includes any structure on the lot. With respect to a property owners development which includes a condominium, and to the extent provided for in the instrument, each condominium unit, as defined in paragraph (28) of Code Section 443-71, shall be deemed a separate lot." "(18) 'Property owners development' or 'development' means real property containing both which contains lots and which may contain common area located within Georgia."
SECTION 2. Said article is further amended by striking Code Section 44-3-224, relating to voting at association meetings, and inserting in lieu thereof the following:
"44-3-224. (a) Since a lot owner may be more than one person, if only one of those persons is present at a meeting of the association, or is voting by proxy, ballot, or written consent, that person shall be entitled to cast the votes pertaining to that lot. However, if more than one of those persons is present, or executes a proxy, ballot, or written consent, the vote pertaining to that lot shall be cast only in accordance with their unanimous agreement unless the instrument expressly provides otherwise; and such consent shall be conclusively presumed if any one of them purports to cast the votes pertaining to that lot without protest being made immediately by any of the others to the person presiding over the meeting or vote. (b) The votes pertaining to any lot may, and, in the case of any lot owner not a natural person or persons, shall, be cast pursuant to a proxy or proxies duly executed by or on behalf of the lot owner or, in cases where the lot owner is more than one person, by or on behalf of the joint owners of the lot. No such proxy shall be revocable except as provided in Code Section 14-2-722 or Code Section 14-3-724 or by written notice delivered to the association by the lot owner or by any joint owners of a lot. Any proxy shall be void if it is not dated or if it purports to be revocable without such notice."
SECTION 3. Said article is further amended by striking subsection (b) of Code Section 44-3-225, relating to assessment of expenses, and inserting in lieu thereof the following:
"(b) No lot owner other than the association shall be exempted from any liability for any assessment under this Code section or under any instrument for any reason whatsoever, including, without limitation, abandonment, nonuser, or waiver of the use or enjoyment of his or her lot or any part of the common area except to the extent that any lot, upon request by the owner of the lot, expressly may be made exempt from assessments and thus denied voting rights of the lot under the instrument until a certificate of occupancy is issued by the governing authority for a dwelling on such lot."

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SECTION 4. Said article is further amended by striking subsection (a) of Code Section 44-3-227, relating to incorporation of the association, and inserting in lieu thereof the following:
"(a) Prior to submission to this article, the association shall be duly incorporated either as a business corporation under Chapter 2 of Title 14 or as a nonprofit membership corporation under Chapter 3 of Title 14, as amended. The corporate name of the association shall include the word or words 'homeowners,' 'property owners,' 'community,' 'club,' or 'association' and shall otherwise comply with applicable laws regarding corporate names. The articles of incorporation of the association and the bylaws adopted by the association shall contain provisions not inconsistent with applicable law including but not limited to this article or with the declaration as may be required by this article or by the declaration and as may be deemed appropriate or desirable for the proper management and administration of the association. The term 'member' shall include a shareholder in the event the association is a business corporation or issues stock. Membership shall continue during the period of ownership by such lot owner."
SECTION 5. Said article is further amended by striking Code Section 44-3-228, relating to presence of quorums at meetings, and inserting in lieu thereof the following:
"44-3-228. Unless the instrument provides or bylaws provide otherwise, a quorum shall be deemed present throughout any meeting of the members of the association if persons entitled to cast more than one-third of the votes are present at the beginning of the meeting. Unless the instrument specifies or bylaws specify a larger majority, a quorum shall be deemed present throughout any meeting of the board of directors if percentage, the presence of persons entitled to cast one-half of the votes of the board of directors shall constitute a quorum for the transaction of business at any meeting of the board in that body are present at such meeting."
SECTION 6. Said article is further amended by striking Code Section 44-3-230, relating to frequency of meetings, and inserting in lieu thereof the following:
"44-3-230. Meetings of the members of the association shall be held in accordance with the provisions of the associations bylaws and in any event shall be called not less frequently than annually. Notice shall be given to each lot owner at least 21 days in advance of any annual or regularly scheduled meeting and at least seven days in advance of any other meeting and shall state the time, place, and, for any special meeting, purpose of such meeting. Such notice shall be delivered personally or sent by United States mail, postage prepaid, statutory overnight delivery, or issued electronically in accordance with Chapter 12 of Title 10, the 'Georgia Electronic Records and Signatures Act,' to all lot owners of record at such address or addresses as

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designated by such lot owners or, if no other address has been so designated, at the address of their respective lots. At the annual meeting, comprehensive reports of the affairs, finances, and budget projections of the association shall be made to the lot owners."
SECTION 7. Said article is further amended by striking subsection (c) of Code Section 44-3-232, relating to assessments against lot owners as constituting a lien in favor of the association, and inserting in lieu thereof the following:
"(c) Not less than ten 30 days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the lot owner both at the address of the lot and at any other address or addresses which the lot owner may have designated to the association in writing, the lien may be foreclosed by the association by an action, judgment, and court order for foreclosure in the same manner as other liens for the improvement of real property, subject to superior liens or encumbrances but any such court order for judicial foreclosure shall not affect the rights of holders of superior liens or encumbrances to exercise any rights or powers afforded to them under their security instruments. The notice provided for in this subsection shall specify the amount of the assessments then due and payable together with authorized late charges and the rate of interest accrued accruing thereon. Unless prohibited by the instrument, the association shall have the power to bid on the lot at any foreclosure sale and to acquire, hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be of no further effect, as to assessments or installments thereof, together with late charges and interest applicable thereto, which first become due and payable more than three four years prior to the date upon which the notice contemplated in this subsection is given or more than three years prior to the institution of an action therefor if an action is not instituted within 90 days after the giving of the notice after the assessment or installment first became due and payable."
SECTION 8. Said article is further amended by striking subsection (b) of Code Section 44-3-235, relating to applicability of the article and inserting in lieu thereof the following:
"(b) This article shall not apply to associations created pursuant to Article 3 of this chapter, the 'Georgia Condominium Act.' Act,' except to the extent that a property owners development created under this article includes a condominium, together with other real property, as provided in paragraph (9) of Code Section 44-3-221."
SECTION 9. All laws and parts of law in conflict with this act are repealed.

Representative Fludd of the 48th, Post 4 moved that the House disagree to the Senate substitute to HB 208.

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The motion prevailed.

HB 217. By Representatives Burkhalter of the 36th, Parham of the 94th, Powell of the 23rd and Drenner of the 57th:
A BILL to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, so as to require the use of certain child passenger restraints in motor vehicles; to change certain provisions relating to safety belts required as equipment and safety restraints for children four years of age or younger; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, so as to require the use of certain child passenger restraints in motor vehicles; to change certain provisions relating to safety belts required as equipment and safety restraints for children four years of age or younger; to change certain provisions relating to use of safety belts in passenger vehicles; to provide for the implementation of a program to inform parents of the requirements and provisions of this Act; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, is amended by striking Code Section 40-8-76, relating to safety belts required as equipment and safety restraints for children four years of age or younger, and inserting in lieu thereof the following:
"40-8-76. (a) No new private passenger automobile manufactured after January 1, 1964, shall be sold to the general public in this state unless such automobile shall be equipped with two sets of safety belts for the front seat thereof. The safety belts may be installed by the manufacturer prior to delivery to the dealer, or they may be installed by the dealer.

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(b)(1) On and after July 1, 1984, every Every driver who transports a child four years of age or younger under six years of age in a passenger automobile, van, or pickup truck, other than a taxicab as defined by Code Section 33-34-5.1 or a public transit vehicle as defined by Code Section 16-5-20, shall, while such motor vehicle is in motion and operated on a public road, street, or highway of this state, provide for the protection proper restraint of such child in a child passenger restraining system appropriate for such childs height and weight and approved by the United States Department of Transportation under provisions of Federal Motor Vehicle Safety Standard 213 in effect on January 1, 1983.,or at the time of manufacture, subject to the following specific requirements and exceptions:
(A) Any such child weighing at least 40 pounds may be secured by a lap belt when: (i) The vehicle is not equipped with both lap and shoulder belts; or (ii) Not including the drivers seat, the vehicle is equipped with one or more lap and shoulder belts that are all being used to properly restrain other children;
(B) Any such child shall be properly restrained in a rear seat of the motor vehicle consistent with the requirements of this paragraph. If the vehicle has no rear seating position appropriate for correctly restraining a child or all appropriate rear seating positions are occupied by other children, any such child may be properly restrained in a front seat consistent with the requirements of this paragraph; (C) A driver shall not be deemed to be complying with the provisions of this subsection paragraph unless the any child passenger restraining system required by this paragraph is installed and being used in accordance with the manufacturers directions for such system.; and (D) The provisions of this subsection paragraph shall not apply when the childs parent or guardian either obtains a physicians written statement that a physical or medical condition of the child prevents placing or restraining him or her in any such child passenger restraining system in the manner required by this paragraph. If the parent or guardian can show the childs height is over 4 feet and 9 inches, such child shall be restrained in a safety belt as required in Code Section 40-8-76.1. (2) Upon a first conviction of an offense under this subsection, the defendant shall be punished by a fine of not more than $50.00, except in the case of a child who is five years of age, if the defendant shows to the court having jurisdiction of the case that a child passenger restraining system meeting the applicable requirements of this subsection has been purchased by him or her after the time of the offense and prior to the court appearance, the court may waive or suspend the fine for such first conviction. This exception shall apply until January 1, 2005. Upon a second or subsequent conviction of an offense under this subsection, the defendant shall be punished by a fine of not more than $100.00. No court shall impose any additional fees or surcharges to a fine for such a violation. The court imposing a fine for any violation of this Code section shall forward a record of the disposition of the cases annually to the Department of Public Safety for the sole purpose of data collection on a county by county basis.

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(c) It shall be the duty of the Governors Office of Highway Safety to implement and coordinate a program to inform parents and other citizens of Georgia of the reasons for the enactment of subsection (b) of this Code section. Such program shall be carried out prior to January 1, 1997. The Governors Office of Highway Safety shall solicit the cooperation and assistance of the Georgia State Patrol, the Georgia Sheriffs Association, the Georgia Association of Chiefs of Police, Incorporated, the Peace Officers Association of Georgia, the Medical College of Georgia, the Georgia Hospital Association, the Georgia Association of Educators, the Georgia Parent-Teacher Association, and other appropriate organizations in educating the citizens of the state and in implementing, coordinating, and carrying out the program provided for herein. (d)(c) Violation of this Code section shall not constitute negligence per se nor contributory negligence per se. Violation of child safety restraint requirements subsection (b) of this Code section shall not be the basis for cancellation of coverage or increase in insurance rates. (d) The provisions of this Code section shall not apply to buses, as defined in paragraph (7) of Code Section 40-1-1, used in the transport of children over four years of age until July 1, 2007, provided that the bus is operated by a licensed or commissioned child care facility, has a current annual transportation safety inspection certificate as required by the appropriate licensing body, and has evidence of being inspected for use by a child care facility. If the bus is not a school bus, as defined in paragraph (55) of Code Section 40-1-1, or a multifunction school activities bus, as defined in 49 CFR 571.3(B), each child over four years of age and under six years of age shall be properly restrained by a safety belt. Multifunction school activities buses, as defined in 49 CFR 571.3(B), shall not be required to transport children five years of age in a child passenger restraining system."
SECTION 2. Said part is further amended by striking Code Section 40-8-76.1, relating to use of safety belts in passenger vehicles, and inserting in lieu thereof the following:
"40-8-76.1. (a) As used in this Code section, the term 'passenger vehicle' means every motor vehicle designed to carry ten passengers or less and used for the transportation of persons but shall not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped for off-road use, provided that the term 'passenger vehicle' includes any sport utility vehicle and also includes pickup trucks for any occupant who is under 18 years of age. (b) Each occupant of the front seat of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208. (c) The requirement of subsection (b) of this Code section shall not apply to:
(1) A driver or passenger frequently stopping and leaving the vehicle or delivering property from the vehicle, if the speed of the vehicle between stops does not exceed 15 miles per hour;

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(2) A driver or passenger possessing a written statement from a physician that such person is unable, for medical or physical reasons, to wear a seat safety belt; (3) A driver or passenger possessing an official certificate or license endorsement issued by the appropriate agency in another state or country indicating that the driver is unable for medical, physical, or other valid reasons to wear a seat safety belt; (4) A driver operating a passenger vehicle in reverse; (5) A passenger vehicle with a model year prior to 1965; (6) A passenger vehicle which is not required to be equipped with seat safety belts under federal law; (7) A passenger vehicle operated by a rural letter carrier of the United States Postal Service while performing duties as a rural letter carrier; (8) A passenger vehicle from which a person is delivering newspapers; or (9) A passenger vehicle performing an emergency service. (d) The failure of an occupant of a motor vehicle to wear a seat safety belt in any seat of a motor vehicle which has a seat safety belt or belts shall not be considered evidence of negligence or causation, shall not otherwise be considered by the finder of fact on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not be evidence used to diminish any recovery for damages arising out of the ownership, maintenance, occupancy, or operation of a motor vehicle. (e)(1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, a person failing to comply with the requirements of subsection (b) of this Code section shall not be guilty of any criminal act and shall not be guilty of violating any ordinance. A violation of this Code section shall not be a moving traffic violation for purposes of Code Section 40-5-57. (2) A person failing to comply with the requirements of subsection (b) of this Code section shall be guilty of the offense of failure to wear a seat safety belt and, upon conviction thereof, may be fined not more than $15.00; but, the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. The court imposing such fine shall forward a record of the disposition of the case of failure to wear a seat safety belt to the Department of Motor Vehicle Safety. (3) Each minor over four six years of age or older who is an occupant of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208. In any case where a minor passenger over four six years of age or older fails to comply with the requirements of this paragraph, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a seat safety belt on a minor and, upon conviction thereof, may be fined not more than $25.00. The court imposing such a fine shall forward a record of the court disposition of the case of failure to secure a seat safety belt on a minor to the Department of Motor Vehicle Safety.

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(f) Probable cause for violation of this Code section shall be based solely upon a law enforcement officers clear and unobstructed view of a person not restrained as required by this Code section. Noncompliance with the restraint requirements of this Code section shall not constitute probable cause for violation of any other Code section."
SECTION 3. It shall be the duty of the Governors Office of Highway Safety to implement and coordinate a program to inform parents and other citizens of Georgia of the provisions of subsection (b) of Code Section 40-8-76 and paragraph (3) of subsection (e) of Code Section 40-8-76.1 as amended by this Act. Such program shall be carried out prior to January 1, 2005. The Governors Office of Highway Safety shall solicit the cooperation and assistance of the Georgia State Patrol, Department of Motor Vehicle Safety, Georgia Sheriffs Association, Georgia Association of Chiefs of Police, Incorporated, Peace Officers Association of Georgia, Medical College of Georgia, Georgia Hospital Association, Georgia Association of Educators, Professional Association of Georgia Educators, Georgia Parent-Teacher Association, and other appropriate organizations in educating the citizens of the state and in implementing, coordinating, and carrying out such provisions.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Burkhalter of the 36th moved that the House agree to the Senate substitute to HB 217.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley
Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod
Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin

Y 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
Jordan Joyce Keen Y Knox

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q
Noel Y Oliver, B
Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish
Parsons Porter Y Powell Y Purcell

Y Sholar Sims
Y Sinkfield Y Skipper
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 Y Stephenson
Stokes Y Stoner Y Teilhet Y Teper

E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell
Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, APRIL 7, 2004

Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Lane Y Lewis
Lord Y Lucas
Lunsford Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee McCall Y McClinton Millar Y Mills

Y Ralston Randall Ray
Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 148, nays 1. The motion prevailed.

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Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L
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
Yates Coleman, Speaker

Representative Smith of the 76th 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.

The following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
SB 347. By Senators Meyer von Bremen of the 12th and Adelman of the 42nd:
A BILL to be entitled an Act to amend Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to exemptions from levy and sale, so as to provide a reciprocal exemption for a judgment debtor resident in this state as against a judgment creditor resident in another state; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to exemptions from levy and sale, so as to provide a reciprocal exemption for a judgment

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debtor resident in this state as against a domesticated judgment from another state; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to exemptions from levy and sale, is amended by adding at its end a new Article 3 to read as follows:
"ARTICLE 3
44-13-120. As against a domesticated judgment from another state, a judgment debtor resident in Georgia shall be entitled to assert, in addition to any other exemption under Georgia law, an exemption from levy and sale and any other process equal to the exemption which would be provided to the judgment debtor by the law of the state in which the judgment was entered if the judgment debtor were a resident of that state."
SECTION 2. 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
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley
Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin

Y 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
Joyce Keen Y Knox

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B
Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell

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
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper

E Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, APRIL 7, 2004

Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Lane Y Lewis
Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills

Y Ralston Randall
Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L
Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

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Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 709. By Representatives Ashe of the 42nd, Post 2, Holmes of the 48th, Post 1, McClinton of the 59th, Post 1 and Smyre of the 111th:
A BILL to amend Code Section 48-8-6 of the Official Code of Georgia Annotated, relating to limitations and restrictions on certain local taxes, so as to provide that certain taxes shall be excluded in computing the limitation on the total amount of local sales and use taxes which may be levied; to provide certain exemptions from certain local sales and use taxes; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 709 The Committee of Conference on HB 709 recommends that both the Senate and the

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House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 709 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Casey Cagle Senator, 49th District

/s/ Kathy Ashe Representative, 42nd District, Post 2

/s/ Eric Johnson Senator, 1st District

/s/ A. Richard Royal Representative, 140th District

/s/ Kasim Reed Senator, 35th District

/s/ LaNett L. Stanley-Turner Representative, 43rd District, Post 2

A BILL
To amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to enact the "State and Local Taxation, Financing, and Service Delivery Revision Act of 2004"; to provide for a short title; to provide for the comprehensive revision of provisions relating to state and local taxation, financing, and service delivery; to change certain provisions regarding the function of the Georgia Commission on Interstate Cooperation; to change certain provisions regarding the status of the Council of State Governments and certain related organizations; to change certain provisions regarding the homestead exemption by qualified disabled veterans, filing requirements, periodic substantiation of eligibility, and persons eligible without application; to change certain provisions regarding limitations with respect to local sales and use taxes; to provide for certain exemptions; to change certain provisions regarding the joint county and municipal sales and use tax and provide for an optional rate increase to 2 percent with respect to imposition by certain consolidated governments; to provide for imposition of such tax at the rate of 2 percent by consolidated governments; to provide for procedures, conditions, and limitations; to provide for reduction or termination; to provide for additional procedures, conditions, and limitations with respect to certain water and sewer projects or costs with respect to the special county 1 percent sales and use tax; to provide for the levy and collection of a municipal water and sewer projects or costs sales and use tax; to provide for definitions; to provide for the rate and manner of imposition of such tax; to provide for applicability to certain sales; to provide for powers, duties, and authority of municipal governing authorities with respect to such

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tax; to provide for powers, duties, and authority of the state revenue commissioner with respect to such tax; to provide for collection and administration of such tax; to provide for returns; to provide for distribution and expenditure of proceeds; to provide for a method for discontinuation of such tax; to provide for comprehensive provisions to provide funding to local governments for service delivery costs through certain sales and use taxation; to provide for comprehensive provisions to address changes in land use classification which increase service delivery and infrastructure costs to local government; to provide for the creation of special districts; to provide a special district sales and use tax; to provide for definitions; to provide for the rate and manner of imposition of such tax; to provide for collection and administration of such tax; to provide for the issuance of general obligation debt for certain projects; to provide for use of the proceeds of such tax; to provide for returns; to provide for distribution and expenditure of proceeds; to change certain provisions regarding annexation; to change certain provisions regarding land use classification objections; to require annual publication of certain information regarding collection and expenditure of the proceeds of the special purpose 1 percent sales and use tax; to exempt from ad valorem taxation certain motor vehicles owned by persons who have been awarded the Medal of Honor; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "State and Local Taxation, Financing, and Service Delivery Revision Act of 2004."
SECTION 2. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by striking paragraph (1) of Code Section 28-6-3, relating to functions of the Georgia Commission on Interstate Cooperation, and inserting in its place a new paragraph (1) to read as follows:
"(1) Carry forward the participation of this state as a member of the Council of State Governments and of the Southern Legislative Conference;"
SECTION 3. Said title is further amended by striking Code Section 28-6-7, relating to the status of the Council of State Governments, and inserting in its place a new Code Section 28-6-7 to read as follows:
"28-6-7. The Council of State Governments, the Council of State Governments - Clairmont Road, L. L. C. (of which the Council of State Governments is the sole member), and the Southern Legislative Conference are each is declared to be a joint governmental agency of this state and of the other states which cooperate through it."

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SECTION 4. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-5-48, relating to homestead exemption by qualified disabled veterans, filing requirements, periodic substantiation of eligibility, and persons eligible without application, by striking in their entirety subsections (b) and (c) and inserting in lieu thereof the following:
"(b) Any disabled veteran as defined in any paragraph of subsection (a) of this Code section who is a citizen and resident of Georgia is granted an exemption of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended, on his or her homestead which such veteran owns and actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal, and school purposes. As of January 1, 1999 2004, the maximum amount which may be granted to a disabled veteran under the above-stated federal law is $43,000.00 $50,000.00. The value of all property in excess of the exempted amount cited above shall remain subject to taxation. The unremarried surviving spouse or minor children of any such disabled veteran as defined in this Code section shall also be entitled to an exemption of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended, on the homestead so long as the unremarried surviving spouse or minor children continue actually to occupy the home as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal, and school purposes. As of January 1, 1999 2004, the maximum amount which may be granted to the unremarried surviving spouse or minor children of any such disabled veteran under the above-stated federal law is $43,000.00 $50,000.00. The value of all property in excess of such exemption granted to such unremarried surviving spouse or minor children shall remain subject to taxation.
(c)(1) Any disabled veteran qualifying pursuant to paragraph (1) or (2) of subsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a letter from the Department of Veterans Affairs or the Department of Veterans Service stating the qualifying disability. (2) Any disabled veteran qualifying pursuant to paragraph (3) of subsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a copy of his DD form 214 (discharge papers from his military records) along with a letter from a doctor who is licensed to practice medicine in this state stating that he is disabled due to loss or loss of use of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; due to blindness in both eyes, having only light perception, together with the loss or loss of use of one lower extremity; or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair. Prior to approval of an exemption, a

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county board of tax assessors may require the applicant to provide not more than two additional doctors letters if the board is in doubt as to the applicants eligibility for the exemption. (3) Any disabled veteran qualifying pursuant to paragraph (4) of subsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a letter from a doctor who is licensed to practice medicine in this state stating the qualifying disability. Prior to approval of an exemption, a county board of tax assessors may require the applicant to provide not more than two additional doctors letters if the board is in doubt as to the applicants eligibility for the exemption. (4) Any disabled veteran qualifying pursuant to paragraph (5) of subsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a letter from the Department of Veterans Affairs or the Department of Veterans Service stating the eligibility for such housing assistance."
SECTION 5. Said title is further amended by striking subsections (b) and (c) of Code Section 48-8-6, relating to limitations on the maximum amount of local sales and use taxes, and inserting in their place new subsections (b), (c), and (d) to read as follows:
"(b) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 percent. For purposes of this prohibition, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state, however authorized, including such taxes authorized by or pursuant to constitutional amendment, except that the following taxes shall not count toward or be subject to such 2 percent limitation:
(1) A sales and use tax for educational purposes exempted from such limitation under Article VIII, Section VI, Paragraph IV of the Constitution; (2) Any tax levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment; provided, however, that the exception provided for under this paragraph shall only apply in a county in which a tax is being imposed under subparagraph (a)(1)(D) of Code Section 48-8-111 solely in whole or in part for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, or a combination of such projects and such exception water and sewer projects and costs as defined under paragraph (3) of Code Section 48-8-200, or any combination thereof and with respect to which the county has entered into an intergovernmental contract with a municipality, in which the average waste-water system flow of such municipality is not less than 85 million gallons per day, allocating proceeds to such

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municipality to be used solely for water and sewer projects and costs as defined under paragraph (3) of Code Section 48-8-200. The exception provided for under this paragraph shall apply only during the period the tax under said subparagraph (a)(1)(D) is in effect. The exception provided for under this paragraph shall not apply in any county in which a tax is being imposed under Article 2A of this chapter; (3) In the event of a rate increase imposed pursuant to Code Section 48-8-96, only the amount in excess of the initial 1 percent sales and use tax and in the event of a newly imposed tax pursuant to Code Section 48-8-96, only the amount in excess of a 1 percent sales and use tax; (4) A sales and use tax levied under Article 4 of this chapter. If the imposition of any otherwise authorized local sales tax, local use tax, or local sales and use tax would result in a tax rate in excess of that authorized by this subsection, then such otherwise authorized tax may not be imposed. (c) Where the exception specified in paragraph (2) of subsection (b) of this Code section applies, the tax imposed under subparagraph (a)(1)(D) of Code Section 48-8111 shall not apply to: (1) The furnishing for value to the public of any room or rooms, lodgings, or accommodations which is subject to taxation under Article 3 of Chapter 13 of this title Reserved; and (2) The sale of motor vehicles. (d) Where the exception specified in paragraph (2) of subsection (b) of this Code section applies, on and after July 1, 2007, the aggregate amount of all excise taxes imposed under paragraph (5) of subsection (a) of Code Section 48-13-51 and all sales and use taxes shall not exceed 14 percent."
SECTION 6. Said title is further amended by adding a new Code section immediately following Code Section 48-8-95, to be designated Code Section 48-8-96, to read as follows:
"48-8-96. (a) With respect to any consolidated government created by the consolidation of a county and one or more municipalities in which consolidated government homestead property (exclusive of improvements) is valued for purposes of local ad valorem taxation according to a base year assessed value which does not change so long as the property is actually occupied by the same owner as a homestead, the provisions of this Code section shall control over any conflicting provisions of Article 1 of this chapter or this article. (b) If the tax authorized by this article is in effect in the special district containing a consolidated government referred to in subsection (a) of this Code section, then the rate of tax imposed under this article in such special district may be increased from 1 percent to 2 percent if such increase is approved by:
(1) A resolution of the governing authority of the consolidated government in the same manner as otherwise required for the initial 1 percent sales tax pursuant to Code Section 48-8-84; and

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(2) A referendum conducted in the same manner as otherwise required for the initial 1 percent sales tax pursuant to Code Section 48-8-85, except that the ballot shall have written or printed thereon the following:
'( ) YES Shall the retail sales and use tax levied within the special district ( ) NO within __________ County be increased from 1 percent to 2 percent?'
(c) Such increased tax rate shall become effective on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which such increase was approved by the voters. The proceeds of the increased tax shall be divided in the same proportions as the original tax. (d) Such increased tax rate may be decreased from 2 percent to 1 percent if such decrease is approved by:
(1) A resolution of the governing authority of the consolidated government in the same manner as otherwise required under Code Section 48-8-92; and (2) A referendum conducted in the same manner as otherwise required for discontinuation of the tax under Code Section 48-8-92, except that the ballot shall have printed or written thereon the following:
'( ) YES Shall the retail sales and use tax levied within the special district ( ) NO within ___________ County be decreased from 2 percent to 1
percent?'
(e) Such decreased tax rate shall become effective on the first day of the second calendar quarter following the month in which the commissioner receives certification of the result of the election. (f) If the tax authorized by this article is to be newly imposed in the special district containing a consolidated government referred to in subsection (a) of this Code section, then such tax may be imposed in such special district at the rate of 2 percent if such rate is approved by:
(1) A resolution of the governing authority of the consolidated government in the same manner as otherwise required pursuant to Code Section 48-8-84; and (2) A referendum conducted in the same manner as otherwise required pursuant to Code Section 48-8-85, except that the ballot shall have written or printed thereon the following:
'( ) YES Shall a retail sales and use tax of 2 percent be levied within the ( ) NO special district within __________ County?'
(g) Such 2 percent tax may be discontinued if such discontinuation is approved by: (1) A resolution of the governing authority of the consolidated government in the same manner as otherwise required under Code Section 48-8-92; and (2) A referendum conducted in the same manner as otherwise required for discontinuation of the tax under Code Section 48-8-92, except that the ballot shall have printed or written thereon the following:

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'( ) YES Shall the retail sales and use tax levied within the special district ( ) NO within __________ County be terminated?'
(h)(1) In the case of increase from 1 percent to 2 percent, the amount in excess of the initial 1 percent sales and use tax shall not apply to the furnishing for value to the public of any room or rooms, lodgings, or accommodations which are subject to taxation under Article 3 of Chapter 13 of this title or to the sale of motor vehicles. (2) In the case of a newly imposed 2 percent sales and use tax under this Code section, only the amount in excess of a 1 percent sales and use tax shall not apply to the furnishing for value of any room or rooms, lodgings, or accommodations which are subject to tax under Article 3 of Chapter 13 of this title or to the sale of motor vehicles. (i) In all respects not otherwise provided for in this Code section, the levy of a tax under this article by a consolidated government referred to in subsection (a) of this Code section shall be in the same manner as the levy of the tax by any other county."
SECTION 7. Said title is further amended by adding a new article at the end of Chapter 8, to be designated Article 4, to read as follows:
"ARTICLE 4
48-8-200. As used in this article, the term:
(1) 'Building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract. (2) 'Dealer' means a dealer as defined in paragraph (3) of Code Section 48-8-2. (3) 'Municipality' means a municipality in which the average waste-water flow of such municipality is not less than 85 million gallons per day. (4) 'Water and sewer projects and costs' means:
(A) Any capital outlay project or projects for the development, storage, treatment, purification, or distribution of water; (B) Any capital outlay project or projects for storm-water and sewage collection and disposal systems;
(C)(i)With respect to any project or projects provided for under subparagraph (A) or (B) of this paragraph:
(I) Any cost of project or cost of any project as defined under paragraph (3) of Code Section 50-23-4; and (II) Any maintenance and operation costs.

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(ii) In no event shall any expenditure of tax proceeds pursuant to this subparagraph exceed annually an amount equal to the annual debt service payments of such municipality with respect to revenue bond indebtedness incurred for drinking water projects and storm-water and sewage collection and disposal projects; or (D) Any combination of any of the foregoing.
48-8-201. (a)(1) In any county in which the provisions of paragraph (2) of subsection (b) of Code Section 48-8-6 will be applicable if the tax under Part 1 of Article 3 of this chapter is imposed pursuant to subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, or a combination of such projects, the governing authority of a municipality, the majority of which is located wholly or partially in such county, may deliver or mail a written copy of a resolution of such municipal governing authority calling for the imposition by the county of the tax under Part 1 of Article 3 of this chapter pursuant to subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, water and sewer projects and costs, or any combination thereof. (2) Within ten days following the date of delivery of such resolution to the governing authority of such county, the governing authorities of such county and municipality may enter into an intergovernmental contract as authorized by Article IX, Section III of the Constitution which shall specify the allocation of the proceeds of the tax between such county and municipality according to the ratio the population of such municipality bears to the population of such county according to the United States decennial census of 2000 or any future such census so that such municipalitys share of the total net proceeds shall be the percentage of the total population of such municipality divided by the total population of such county. Such intergovernmental contract shall specify that the proceeds allocated to the municipality shall only be expanded for water and sewer projects and costs. (3) Immediately following the entering into of the intergovernmental contract under paragraph (2) of this subsection, the governing authority of such county may select the next practicable date authorized under Code Section 21-2-540 for conducting a special election on the question of imposing such tax under Part 1 of Article 3 of this chapter. The governing authority of such county shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution of the governing authority of such municipality calling for the imposition of the tax in such county. Following receipt of the resolution, the election superintendent shall issue the appropriate call for an election for the purpose of submitting the question of the imposition of the tax to the voters of such county in the manner specified in Code Section 48-8-111. If approved in such referendum, the tax shall be levied and imposed as provided in this Code section and Part 1 of Article 3 of this chapter.

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(b) If the governing authority of the county takes no action under paragraph (2) or (3) of subsection (a) of this Code section, it shall provide notice thereof by resolution to the governing authority of the municipality not later than ten days following the date of delivery of such municipalitys resolution to the county under subsection (a) of this Code section. Upon receipt by the governing authority of the municipality of such county resolution or if timely notice of no action is not provided by the governing authority of the county to the governing authority of the municipality or if the county referendum is conducted but is not approved by the voters, the governing authority of any municipality in this state may, subject to the requirement of referendum approval and the other requirements of this article, immediately commence proceedings to seek to impose within the municipality a special sales and use tax for a limited period of time for the purpose of funding water and sewer projects and costs. Any tax imposed under this article shall be at the rate of 1 percent. Except as otherwise provided in this article, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. (c) In the event a tax imposed under this article is imposed only by the municipality:
(1) No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to:
(A) Sales of motor fuels as that term is defined by Code Section 48-9-2; (B) The sale of food and beverages as provided for in division (57)(D)(i) of Code Section 48-8-3; (C) The sale of natural or artificial gas used directly in the production of electricity which is subsequently sold, notwithstanding paragraph (70) of Code Section 48-8-3; and (D) The furnishing for value to the public of any room or rooms, lodgings, or accommodations which is subject to taxation under Article 3 of Chapter 13 of this title; and (2) A tax imposed under this article shall not apply to the sale of motor vehicles. (d) On and after July 1, 2007, the aggregate amount of all excise taxes imposed under paragraph (5) of subsection (a) of Code Section 48-13-51 and all sales and use taxes shall not exceed 14 percent.
48-8-202. (a) A municipal governing authority voting to impose the tax authorized by this article shall notify the municipal election superintendent by forwarding to the superintendent a copy of the resolution or ordinance of the municipal governing authority calling for the imposition of the tax. Such ordinance or resolution shall specify the following:
(1) The maximum period of time of the tax, to be stated in calendar years or calendar quarters and not to exceed four years; (2) The aggregate maximum cost of the project or projects and maintenance and operation costs which will be funded from the proceeds of the tax, which aggregate

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maximum cost shall also be the maximum amount of net proceeds to be raised by the tax; and (3) If general obligation debt is to be issued in conjunction with the imposition of the tax, as authorized by this article, the principal amount of the debt to be issued, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt. (b) Upon receipt of the resolution or ordinance, the municipal election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the municipality. The municipal election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the legal organ of the county in which the majority of the municipal population resides or in a newspaper having general circulation in the municipality at least equal to that of the legal organ. If general obligation debt is to be issued in conjunction with the imposition of the tax, the notice published by the municipal election superintendent shall also include, in such form as may be specified by the municipal governing authority, the principal amount of the debt, the rate or rates of interest or the maximum rate or rates of interest the debt will bear, and the amount of principal to be paid in each year during the life of the debt; and such publication of notice by the municipal election superintendent shall take the place of the notice otherwise required by Code Section 3680-11 or by subsection (b) of Code Section 36-82-1, which notice shall not be required. (c)(1) The ballot shall have written or printed thereon the following:
'( ) YES Shall a special 1 percent sales and use tax be imposed in _________ for a period of time not to exceed _____________ and
( ) NO for the raising of not more than $_____ for the purpose of funding water and sewer projects and costs?'
(2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following:
'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ___________ in the principal amount of $___________ for the above purpose.' (d) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and all persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of imposing the tax, then the tax shall be imposed as provided in this article; otherwise, the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the municipality until after 12 months immediately following the month in which the election was held; provided, however, that if an election date authorized under Code Section 21-2-540 occurs during the twelfth month immediately following the month in which such election was held, the question of imposing the tax may be submitted to the voters of the municipality on such

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date. The municipal election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The municipal election superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from municipal funds.
(e)(1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the municipality; otherwise such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters. (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the municipality may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the municipality from the tax authorized by this article. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the municipality; and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the municipality.
48-8-203. (a)(1) If the imposition of the tax is approved by referendum, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 70 days after the date of the election at which the tax was approved by the voters. (2) With respect to services which are regularly billed on a monthly basis, however, the resolution or ordinance imposing the tax shall become effective with respect to and the tax shall apply to the first regular billing period coinciding with or following the effective date specified in paragraph (1) of this subsection. A certified copy of the ordinance or resolution imposing the tax shall be forwarded to the commissioner so that it will be received within five business days after certification of the election results.
(b) The tax shall cease to be imposed on the earliest of the following dates: (1) If the resolution or ordinance calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation

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proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the tax; or (3) As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the municipality net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the tax. (c)(1) No municipality shall impose at any time more than a single 1 percent tax under this article. (2) A municipality in which a tax authorized by this article is in effect may, while the tax is in effect, adopt a resolution or ordinance calling for a reimposition of a tax as authorized by this article upon the termination of the tax then in effect; and a referendum may be held for this purpose while the tax is in effect. Proceedings for such reimposition shall not be conducted more than two times; shall be in the same manner as proceedings for the initial imposition of the tax as provided for in Code Section 48-8-202 and shall be solely within the discretion of the governing authority of the municipality without regard to any requirement of county participation otherwise specified under subsection (a) of Code Section 48-8-201. Such newly authorized tax shall not be imposed until the expiration of the tax then in effect; provided, however, that in the event of emergency conditions under which a municipality is unable to conduct a referendum so as to continue the tax then in effect without interruption, the commissioner may, if feasible administratively, waive the limitations of subsection (a) of this Code section to the minimum extent necessary so as to permit the reimposition of a tax, if otherwise approved as required under this Code section, without interruption, upon the expiration of the tax then in effect. (3) Following the expiration of a tax under this article which has been renewed two times under paragraph (2) of this subsection, a municipality shall not be authorized to initiate proceedings for the reimposition of a tax under this article or to reimpose such tax.
48-8-204. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the municipality imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayers liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or in behalf of the municipality or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioners agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be

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allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50.
48-8-205. Each sales and use tax return remitting sales and use taxes collected under this article shall separately identify the location of each retail establishment at which any of the sales and use taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all sales and use taxes imposed by this article are collected and distributed according to situs of sale.
48-8-206. The proceeds of the tax collected by the commissioner in each municipality under this article shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and (2) Except as otherwise provided in subsection (b) of this Code section, the remaining proceeds of the tax shall be distributed to the governing authority of the municipality imposing the tax.
48-8-207. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdiction outside the state, the tax may be credited against the tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as the commissioner deems necessary and proper. No credit shall be granted, however, against the tax imposed under this article for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the municipality or in a special district which includes the municipality; and taxes so paid in another jurisdiction shall be credited first against the tax levied under Article 2 of this chapter, if applicable, then against the tax levied under Article 3 of this chapter, if applicable, then against the tax levied under Article 2A of this chapter, if applicable, and then against the tax levied under this article.
48-8-208. No tax provided for in this article shall be imposed upon the sale of tangible personal

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property which is ordered by and delivered to the purchaser at a point outside the geographical area of the municipality in which the tax is imposed regardless of the point at which title passes, if the delivery is made by the sellers vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Federal Highway Administration or the Georgia Public Service Commission.
48-8-209. No tax provided for in this article shall be imposed upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to the voters approval of the levy of the tax and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to approval of the levy of the tax.
48-8-210. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the tax authorized to be imposed by this article.
48-8-211. The tax authorized by this article shall be in addition to any other local sales and use tax. The imposition of any other local sales and use tax within a county, municipality, or special district shall not affect the authority of a municipality to impose the tax authorized by this article and the imposition of the tax authorized by this article shall not affect the imposition of any otherwise authorized local sales and use tax within the county, municipality, or special district.
48-8-212. (a) The proceeds received from the tax authorized by this article shall be used by the municipality exclusively for:
(1) Water and sewer projects and costs; (2) The repayment of general obligation indebtedness incurred in conjunction with the imposition of the tax authorized by this article; or (3) The repayment of any loans made to such municipality with respect to such water and sewer projects and costs. Such proceeds shall be kept in a separate account from other funds of the municipality and shall not in any manner be commingled with other funds of the municipality prior to expenditure. (b) The governing authority of the municipality shall maintain a record of each and every water and sewer project and cost for which the proceeds of the tax are used. In each annual audit a schedule shall be included which shows for each ongoing such project the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial statements. The auditors

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report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole. (c) No general obligation debt shall be issued in conjunction with the imposition of the tax unless the municipal governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due the municipality will receive from the tax authorized by this article net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this article shall be payable first from the separate account in which are placed the proceeds received by the municipality from the tax authorized by this article. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the municipality; and any liability on said debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the municipality. (d) The resolution or ordinance calling for imposition of the tax authorized by this article may specify that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the resolution or ordinance so provides, then such proceeds shall be used solely for such purpose except as provided in subsection (f) of this Code section. (e) The resolution or ordinance calling for the imposition of the tax authorized by this article may specify that a part of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. In such a case no part of the net proceeds from the tax received in any year shall be used for other water and sewer projects until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed.
(f)(1)(A) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in paragraph (2) of this subsection. (B) If the municipality receives from the tax net proceeds in excess of the maximum cost of the project or projects calling for the imposition of the tax or in excess of the actual cost of such project or projects, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection. (C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-203 by reason of denial of validation of debt, then all net proceeds received by the municipality from the tax shall be excess proceeds subject to paragraph (2) of this subsection. (2) Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the municipality other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds

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shall next be paid into the general fund of the municipality, it being the intent that any funds so paid into the general fund of the municipality be used for the purpose of reducing ad valorem taxes."
SECTION 8. Said title is further amended by striking Code Section 48-8-110, relating to authorization for the levy of the special county sales and use tax, and inserting in lieu thereof the following:
"48-8-110. As used in this part, the term:
(1) 'Capital outlay project' means major, permanent, or long-lived improvements or betterments, such as land and structures, such as would be properly chargeable to a capital asset account and as distinguished from current expenditures and ordinary maintenance expenses. Such term shall include, but not be limited to, roads, streets, bridges, police cars, fire trucks, ambulances, garbage trucks, and other major equipment. (2) 'County-wide project' means a capital outlay project or projects as defined in paragraph (1) of this Code section of the county for the use or benefit of the citizens of the entire county and is further defined as follows:
(A) 'Level one county-wide project' means a county-wide project or projects of the county to carry out functions on behalf of the state and is limited to a county courthouse; a county administrative building primarily for county constitutional officers or elected officials; a county or regional jail, correctional institution, or other detention facility; a county health department facility; or any combination of such projects; and (B) 'Level two county-wide project' means a county-wide project or projects of the county or one or more municipalities, other than a level one county-wide project, which project or projects are to be owned or operated or both either by the county, one or more municipalities, or any combination thereof. (3) 'Intergovernmental agreement' means a contract entered into pursuant to Article XI, Section III, Paragraph I of the Constitution between a county and one or more qualified municipalities located within the special district containing a combined total of no less than 50 percent of the aggregate municipal population located within the special district. (4) 'Qualified municipality' means only those incorporated municipalities which provide at least three of the following services, either directly or by contract: (A) Law enforcement; (B) Fire protection (which may be furnished by a volunteer fire force) and fire safety; (C) Road and street construction or maintenance; (D) Solid waste management; (E) Water supply or distribution or both; (F) Waste-water treatment;

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(G) Storm-water collection and disposal; (H) Electric or gas utility services; (I) Enforcement of building, housing, plumbing, and electrical codes and other similar codes; (J) Planning and zoning; (K) Recreational facilities; or (L) Library.
48-8-110. 48-8-110.1. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, there are created within this state 159 special districts. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of the 159 special districts. (b) When the imposition of a special district sales and use tax is authorized according to the procedures provided in this part within a special district, the The governing authority of any county in this state may, subject to the requirement of referendum approval and the other requirements of this article part, impose within the county special district a special sales and use tax for a limited period of time which tax shall be known as the county special purpose local option sales tax. (c) Any tax imposed under this article part shall be at the rate of 1 percent. Except as to rate, a tax imposed under this article part shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article part, except that a tax imposed under this article part shall apply to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of food and beverages as provided for in division (57)(D)(i) of Code Section 48-8-3."
SECTION 9. Said title is further amended by striking Code Section 48-8-111, relating to procedures for imposition of the special county sales and use tax, and inserting in its place a new Code Section 48-8-111 to read as follows:
"48-8-111. (a) Prior to the issuance of the call for the referendum and prior to the vote of a county governing authority within a special district to impose the tax under this article part, such governing authority may enter into an intergovernmental agreement with any or all of the qualified municipalities within the special district. Any county that desires to have a tax under this part levied within the special district shall deliver or mail a written notice to the mayor or chief elected official in each qualified municipality located within the county special district. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the county and of each qualified municipality are to meet to discuss the possible projects for inclusion in the referendum, including municipally owned or operated projects. The notice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall

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be held at least 30 days prior to the issuance of the call for the referendum. Following such meeting, a county the governing authority of the county within the special district voting to impose the tax authorized by this article part shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax. Such ordinance or resolution shall specify eligible expenditures identified by the county and any qualified municipality for use of proceeds distributed pursuant to subsection (b) of Code Section 48-8-115. Such ordinance or resolution shall also specify:
(1) The purpose or purposes for which the proceeds of the tax are to be used and may be expended, which purpose or purposes may consist of capital outlay projects located within or outside, or both within and outside, any incorporated areas in the county in the special district or outside the county, as authorized by subparagraph (B) of this paragraph for regional facilities, and which may include any of the following purposes:
(A) A capital outlay project consisting of road Road, street, and bridge purposes, which purposes may include sidewalks and bicycle paths; (B) A capital outlay project or projects of the county for the use of or the benefit of the citizens of the entire county in the special district and consisting of a county courthouse; county administrative buildings; a civic center; a county local or regional jail, correctional institution, or other detention facility; a county library; a coliseum; local or regional solid waste handling facilities as defined under paragraph (27.1) or (35) of Code Section 12-8-22, as amended, excluding any solid waste thermal treatment technology facility, including, but not limited to, any facility for purposes of incineration or waste to energy direct conversion; local or regional recovered materials processing facilities as defined under paragraph (26) of Code Section 12-8-22, as amended; or any combination of such projects; (C) A capital outlay project or projects which will be operated by a joint authority or authorities of the county and one or more qualified municipalities within the county and which will be for the use of or benefit of the citizens of the county and the citizens of one or more municipalities within the county special district; (D) A capital outlay project or projects, to be owned or operated or both either by the county, one or more qualified municipalities within the special district, one or more local authorities within the special district, or any combination thereof, with respect to which the such county has, prior to the call of the election, entered into a contract or agreement, as authorized by Article IX, Section III of the Constitution, with one or more municipalities in the county, which municipality or municipalities contain more than one-half of the aggregate population of all municipalities within the county; and, for purposes of determining the population of a municipality under this subparagraph, only that portion of the population of each municipality which is within the county shall be included; (E) A capital outlay project consisting of a cultural facility, a recreational facility, or a historic facility (or a facility for some combination of such purposes);

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(F) A water capital outlay project, a sewer capital outlay project, a water and sewer capital outlay project, or a combination of such projects, to be owned or operated or both by a county water and sewer district and one or more qualified municipalities in the county, with respect to which the county has, prior to the call of the election, entered into a contract or agreement, as authorized by Article IX, Section III of the Constitution; and when the tax is imposed pursuant to this subparagraph the proceeds of the tax shall be allocated between the water and sewer district and the municipality or municipalities based upon the population of the municipality or municipalities, according to the United States decennial census of 1980 or any future such census, over the population of the county, according to the United States decennial census of 1980 or any future such census, with such allocation to be specified in the contract or agreement relating to the capital outlay facility or facilities; (G) The retirement of previously incurred general obligation debt of the county, one or more qualified municipalities within the special district, or any combination thereof other than general obligation debt incurred for road, street, or bridge purposes, if such previously incurred general obligation debt was incurred for project or projects of a type for which new general obligation debt may be incurred under this article; (H) A capital outlay project or projects of the county for the use of and benefit of the citizens of the entire county within the special district and consisting of public safety facilities, airport facilities, or related capital equipment used in the operation of public safety or airport facilities, or any combination of such purposes; (I) A capital outlay project or projects, to be owned or operated or both, either by the county, one or more municipalities, or any combination thereof, within the special district, consisting of capital equipment for use in voting in official elections or referendums with such county or municipality; (J) A capital outlay project or projects of the county for the use and benefit of the citizens of the entire county and within the special district consisting of any transportation facility designed for the transportation of people or goods, including but not limited to railroads, port and harbor facilities, mass transportation facilities, or any combination thereof; (K) A capital outlay project or projects for the use and benefit of the citizens of the entire county within the special district and consisting of a hospital or hospital facilities that are owned by a county, a qualified municipality, or a hospital authority within the special district and operated by the such county, municipality, or hospital authority or by an organization which is tax exempt under Section 501(c)(3) of the Internal Revenue Code, which operates the hospital through a contract or lease with the such county, municipality, or hospital authority; or (L) Any combination of two or more of the foregoing; (2) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years, unless the provisions of paragraph (1) of subsection (b)

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or subparagraph (b)(2)(A) of Code Section 48-8-115 are applicable, in which case the maximum period of time for which the tax may be levied shall not exceed six years; (3) The maximum estimated cost of the project or projects which will be funded from the proceeds of the tax, which maximum estimated cost shall also be the maximum estimated amount of net proceeds to be raised by the tax, unless the provisions of paragraph (1) of subsection (b) or subparagraph (b)(2)(A) of Code Section 48-8-115 are applicable, in which case the final day of the tax shall be based upon the length of time for which the tax was authorized to be levied by the referendum; and (4) If general obligation debt is to be issued in conjunction with the imposition of the tax, as authorized by this article in cases where the tax is imposed other than in whole for road, street, and bridge purposes, the principal amount of the debt to be issued, the purpose for which the debt is to be issued, the local government issuing the debt, the other than for road, street, and bridge purposes, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt. (a.1) For purposes of subsection (a) of this Code section, a 'capital outlay project' means major, permanent, or long-lived improvements or betterments, such as land and structures, such as would be properly chargeable to a capital asset account and as distinguished from current expenditures and ordinary maintenance expenses. Such term shall include, but not be limited to, police cars, fire trucks, ambulances, garbage trucks, and other major equipment. (b) Upon receipt of the resolution or ordinance, the election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the county within the special district. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the official organ of the county. If general obligation debt is to be issued by the county or any qualified municipality within the special district in conjunction with the imposition of the tax, the notice published by the election superintendent shall also include, in such form as may be specified by the county governing authority or the governing authority or authorities of the qualified municipalities imposing the tax within the special district, the principal amount of the debt, the purpose for which the debt is to be issued, the rate or rates of interest or the maximum rate or rates of interest the debt will bear, and the amount of principal to be paid in each year during the life of the debt; and such publication of notice by the election superintendent shall take the place of the notice otherwise required by Code Section 36-80-11 or by subsection (b) of Code Section 36-82-1, which notice shall not be required. (c) If the tax is to be imposed solely for road, street, and bridge purposes, the ballot shall have written or printed thereon the following:

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'( ) YES ( ) NO

Shall a special 1 percent sales and use tax be imposed for road, street, and bridge purposes in ____________ County for a period of time not to exceed ______________ and for the raising of not more than $____________?'

(d)(c)(1) If the tax is to be imposed solely for purposes other than for road, street, and

bridge purposes and if no debt is to be issued, the ballot The ballot submitting the

question of the imposition of the tax authorized by this part to the voters of the county

within the special district shall have written or printed thereon the following:

'( ) YES Shall a special 1 percent sales and use tax be imposed in the special district of _______County for a period of time not to exceed
( ) NO _______ and for the raising of not more than an estimated amount of $_______ for the purpose of ____________?'
(2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following:
'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of _______ County in the principal amount of $_______ for the above purpose.' (3) If the tax is to be imposed in part for road, street, and bridge purposes and in part for other purposes, the ballot shall have written or printed thereon the following:

'( ) YES Shall a special 1 percent sales and use tax be imposed in _______ County for a period of time not to exceed _______ and for the raising
( ) NO of not more than $_______ for the purpose of _______ and for road, street, and bridge purposes for a period of time not to exceed _______ and for the raising of not more than $_______?'
(4) If debt is to be issued for purposes other than road, street, and bridge purposes, the ballot shall also have written or printed thereon, following the language specified by paragraph (3) of this subsection, the following:
'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of __________ County in the principal amount of $__________ for the above purpose other than road, street, and bridge purposes.' (e)(d) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and all persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of imposing the tax then the tax shall be imposed as provided in this article part; otherwise the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the county within the special district until after 12 months immediately following the month in which the election was held; provided, however, that if an election date authorized under Code Section 21-2-540 occurs during the twelfth month immediately following the month in which such election was held, the question of imposing the tax may be submitted to the voters of the county within the special district on such date. The election superintendent shall

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hold and conduct the election under the same rules and regulations as govern special elections. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds.
(f)(e)(1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I or Article IX, Section V, Paragraph II of the Constitution is given to the proper officers of the county or qualified municipality within the special district issuing such debt; otherwise such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters. (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county or qualified municipality within the special district issuing such debt may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article part. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article part. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the county or qualified municipality within the special district issuing such debt from the tax authorized by this article part. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county or qualified municipality within the special district issuing such debt; and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this article part shall be satisfied from the general funds of the county or qualified municipality within the special district issuing such debt. In no event shall any proceeds of a tax which is imposed pursuant to this article in whole or in part for road, street, or bridge purposes be used for payment of general obligation debt with respect to such road, street, and bridge purposes."
SECTION 10. Said title is further amended by striking subsection (c) of Code Section 48-8-111.1, relating to applicability of the special county sales and use tax to consolidated governments, and inserting in its place a new subsection (c) to read as follows:
"(c) A consolidated government shall be authorized to levy a tax for any capital outlay project provided for in subparagraphs (a)(1)(C), (a)(1)(D), and (a)(1)(F) of Code Section 48-8-111, or any combination thereof, without the necessity of operating such project jointly with a qualified municipal governing authority, owning or operating such

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projects with one or more qualified municipalities, or entering into a contract with one or more qualified municipalities with respect to such project."
SECTION 11. Said title is further amended by striking Code Section 48-8-112, relating to effective date, termination, limitation, and reimposition of the special county sales and use tax, and inserting in lieu thereof the following:
"48-8-112. (a) If the imposition of the tax is approved at the special election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters. With respect to services which are regularly billed on a monthly basis, however, the resolution shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in the previous sentence. (b) The tax shall cease to be imposed on the earliest of the following dates:
(1) If the resolution or ordinance calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the tax; or (3) As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the county and qualified municipalities within the special district net proceeds equal to or greater than the amount specified as the maximum estimated amount of net proceeds to be raised by the tax, unless the provisions in paragraph (1) of subsection (b) or subparagraph (b)(2)(A) of Code Section 48-8-115 are applicable, in which case the final day of the tax shall be based upon the length of time for which the tax was authorized to be levied by the referendum. (c)(1) No county shall impose at At any time no more than a single 1 percent tax under this article part may be imposed within a special district. (2) A county in The governing authority of a county in a special district in which a tax authorized by this article part is in effect may, while the tax is in effect, adopt a resolution or ordinance calling for the reimposition of a tax as authorized by this article part upon the termination of the tax then in effect; and a special election may be held for this purpose while the tax is in effect. Proceedings for the reimposition of a tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect; provided, however, that in the event of emergency conditions under which a county is unable to conduct a referendum so as to continue the tax then in effect without interruption, the commissioner may, if feasible administratively, waive the limitations of subsection (a) of this Code section to the minimum extent necessary so

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as to permit the reimposition of a tax, if otherwise approved as required under this Code section, without interruption, upon the expiration of the tax then in effect. (3) Following the expiration of a tax under this article, part, the governing authority of a county within a special district may initiate proceedings for the reimposition of a tax under this article part in the same manner as provided in this article part for initial imposition of such tax. (d) Notwithstanding any other provision of this part to the contrary, if a county has imposed the tax authorized by this part which tax has become effective in the calendar quarter beginning October 1, 2003, for road, street, and bridge purposes; courthouse capital repair purposes; capital outlay hospital authority purposes; and other purposes, and unanticipated retail development occurs prior to the fourth year of the tax being in place which will cause the tax to terminate under paragraph (3) of subsection (b) of this Code section, then the provisions of this subsection shall apply. This subsection shall not apply until and unless the governing authority of the county adopts a resolution under this subsection which calls for the tax to continue to be collected for the maximum period of time originally specified for the imposition of the tax. A copy of such resolution shall, upon adoption, be transmitted to the commissioner. Upon the adoption of such resolution, the tax shall continue to be imposed for the same period of time as originally authorized without regard to the amount of revenue collected. The commissioner shall notify the county governing authority as of the end of the calendar quarter during which the commissioner makes the determination otherwise required under paragraph (3) of subsection (b) of this Code section. From the beginning of the immediately following calendar quarter until the final day of the maximum period of time specified for the imposition of the tax, the county shall only be authorized to use the proceeds collected from such tax for a county-wide project or projects or for a recreational facility or facilities and only pursuant to an intergovernmental agreement between such county and all municipalities, whether qualified municipalities or not, which were originally to receive a share of proceeds of such tax regarding such projects or facilities. This subsection shall stand repealed in its entirety on December 31, 2008."
SECTION 12. Said title is further amended by striking Code Section 48-8-113, relating to administration and collection of the special county sales and use tax by the state revenue commissioner, and inserting in its place a new Code Section 48-8-113 to read as follows:
"48-8-113. A tax levied pursuant to this article part shall be exclusively administered and collected by the commissioner for the use and benefit of the county and qualified municipalities within such special district imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayers liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or in behalf of the county and

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qualified municipalities within the special district or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioners agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
SECTION 13. Said title is further amended by striking Code Section 48-8-115, relating to disbursement of proceeds of the special county sales and use tax, and inserting in its place a new Code Section 48-8-115 to read as follows:
"48-8-115. (a) The proceeds of the tax collected by the commissioner in each county within a special district under this article part shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; (2) Except for the percentage provided in paragraph (1) of this Code section, the remaining proceeds of the tax shall be distributed to the governing authority of the county within the special district imposing the tax as specified in subsection (b) of this Code section. (b) The county within the special district shall distribute any such proceeds as follows: (1) To the county governing authority and any qualified municipalities as specified in an intergovernmental agreement. Where an intergovernmental agreement has been entered into, the agreement shall, at a minimum, include the following:
(A) The specific capital outlay project or projects to be funded pursuant to the agreement; (B) The estimated or projected dollar amounts allocated for each project from tax proceeds from the tax authorized by this part; (C) The procedures for distributing proceeds from the tax authorized by this part to qualified municipalities; (D) A schedule for distributing proceeds from the tax authorized by this part to qualified municipalities which schedule shall include the priority or order in which projects will be fully or partially funded; (E) A provision that all capital outlay projects included in the agreement shall be funded from proceeds from the tax authorized by this part except as otherwise agreed; (F) A provision that proceeds from the tax authorized by this part shall be maintained in separate accounts and utilized exclusively for the specified purposes; (G) Record-keeping and audit procedures necessary to carry out the purposes of this part; and

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(H) Such other provisions as the county and participating municipalities choose to address; or (2) Where an intergovernmental agreement has not been entered into pursuant to paragraph (1) of this subsection, the county within the special district shall distribute the proceeds of the tax authorized by this part as follows:
(A)(i) To the governing authority of the county for one or more level one countywide projects specified by the governing authority of the county in the ordinance or resolution required by subsection (a) of Code Section 48-8-111; provided, however, that any tax levied under this part that funds level one county-wide projects where an intergovernmental agreement has not been entered into pursuant to paragraph (1) of this subsection shall be levied for a five-year period. In the event that any or all level one county-wide projects are estimated to cost an amount which exceeds the proceeds projected to be collected during a 24 month period of the levy of the tax, the tax shall be levied for a six-year period; or (ii) In the event that no level one county-wide project is included in the ordinance or resolution required by subsection (a) of Code Section 48-8-111, to the governing authority of the county for one or more level two county-wide projects specified by the governing authority of the county in the ordinance or resolution required by subsection (a) of Code Section 48-8-111. In the event no level one county-wide project is included in the ordinance or resolution required by subsection (a) of Code Section 48-8-111 and the governing authority of the county has specified one or more municipal projects as level two county-wide projects in the ordinance or resolution required by subsection (a) of Code Section 48-8-111, to the governing authority of the appropriate municipality or municipalities for such level two county-wide projects specified in the ordinance or resolution required by subsection (a) of Code Section 48-8-111. The total estimated cost of all level two county-wide projects specified under this division shall not exceed 20 percent of the proceeds projected to be collected during the period specified in the ordinance or resolution required by subsection (a) of Code Section 48-8-111; or (B) In the event that no county-wide project is included in the resolution or ordinance calling for the imposition of the tax or in the event that tax proceeds exceed that amount required to fund the county-wide project or projects, the remaining proceeds shall be distributed in the following manner: (i) As specified in an intergovernmental agreement other than the agreement specified in paragraph (1) of this subsection. The intergovernmental agreement shall include, at a minimum, the information required in paragraph (1) of this subsection; or (ii) To the qualified municipalities within the special district based upon the ratio that the population of each qualified municipality bears to the total population of the county within the special district. If any qualified municipality is located in more than one county, only that portion of its population that is within the special district shall be counted. The remainder of such proceeds shall be distributed to the governing authority of the county within the special district. Capital outlay

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projects included in the referendum ballot by the county or any qualified municipalities within the special district shall be based upon the anticipated proceeds and distribution of the tax. The governing authority of the county within the special district shall distribute all proceeds received by the county for the tax levied pursuant to this part to the qualified municipalities within the special district on a monthly basis where proceeds are distributed in accordance with this division."
SECTION 14. Said title is further amended by striking Code Section 48-8-120, relating to the effect of other local sales and use taxes on imposition of the special county sales and use tax, and inserting in its place a new Code Section 48-8-120 to read as follows:
"48-8-120. Except as provided in Code Section 48-8-6, the tax authorized by this article part shall be in addition to any other local sales and use tax. Except as provided in Code Section 48-8-6, the imposition of any other local sales and use tax within a county or qualified municipality within a special district shall not affect the authority of such a county to impose the tax authorized by this article part and the imposition of the tax authorized by this article part shall not affect the imposition of any otherwise authorized local sales and use tax within the county within the special district."
SECTION 15. Said title is further amended by striking Code Section 48-8-121, relating to use of proceeds of the special county sales and use tax and issuance of general obligation debt, and inserting in lieu thereof the following:
"48-8-121. (a)(1) The proceeds received from the tax authorized by this article part shall be used by the county and qualified municipalities within the special district receiving proceeds of the sales and use tax exclusively for the purpose or purposes specified in the resolution or ordinance calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds of the such county and each qualified municipality receiving proceeds of the sales and use tax and shall not in any manner be commingled with other funds of the such county and each qualified municipality receiving proceeds of the sales and use tax prior to the expenditure. (2) The governing authority of the county and the governing authority of each qualified municipality within the special district receiving any proceeds from the tax pursuant to a contract with the county this part shall maintain a record of each and every project for which the proceeds of the tax are used. A schedule shall be included in each annual audit which shows for each such project in the resolution or ordinance calling for imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial

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statements. The auditors report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole. (3) Where the tax authorized by this article has been imposed prior to April 19, 1994, for a period of four years for road, street, and bridge purposes and five years for other purposes, this paragraph shall apply. When this paragraph applies, proceeds from any or all years of the five-year imposition period may be used for road, street, and bridge purposes and proceeds from any or all years of the five-year imposition period may be used for the other authorized purposes, so long as the total expenditures of the tax proceeds are consistent with the total expenditures provided for in the original resolution or ordinance calling for the imposition of the tax. In the event that a qualified municipality fails to comply with the requirements of this part, the county within the special district shall not be held liable for such noncompliance. (b) If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, then authorized uses of the tax proceeds shall include acquisition of right of way for, construction of, and renovation and improvement of, including relocation of utilities for and improvement of surface water drainage from, roads, streets, bridges, sidewalks, and bicycle paths both within the unincorporated area of the county and within the incorporated areas of municipalities within the county. If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, then no part of the proceeds of the tax shall be used to retire general obligation debt with respect to such road, street, and bridge purposes. (b)(1) If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used in whole or in part for capital outlay projects consisting of road, street, and bridge purposes, then authorized uses of the tax proceeds shall include:
(A) Acquisition of rights of way for roads, streets, bridges, sidewalks, and bicycle paths; (B) Construction of roads, streets, bridges, sidewalks, and bicycle paths; (C) Renovation and improvement of roads, streets, bridges, sidewalks, and bicycle paths, including resurfacing; (D) Relocation of utilities for roads, streets, bridges, sidewalks, and bicycle paths; (E) Improvement of surface-water drainage from roads, streets, bridges, sidewalks, and bicycle paths; and (F) Patching, leveling, milling, widening, shoulder preparation, culvert repair, and other repairs necessary for the preservation of roads, streets, bridges, sidewalks, and bicycle paths. (2) Storm-water capital outlay projects and drainage capital outlay projects may be funded pursuant to subparagraph (a)(1)(D) of Code Section 48-8-111 or in conjunction with road, street, and bridge capital outlay projects.

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(c) No general obligation debt shall be issued in conjunction with the imposition of the tax authorized by this article when the tax is imposed in whole or in part for road, street, and bridge purposes with respect to such road, street, and bridge purposes. If the tax is imposed solely for purposes other than road, street, and bridge purposes or in part for road, street, and bridge purposes and in part for other purposes, then no No general obligation debt shall be issued in conjunction with the imposition of the tax unless the county governing authority of the county or qualified municipalities within special district issuing the debt determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due the county or qualified municipalities within special district issuing such debt will receive from the tax authorized by this article part net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this article part shall be payable first from the separate account in which are placed the proceeds received by the county or qualified municipalities within the special district issuing such debt from the tax authorized by this article part. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the county or qualified municipalities within the special district issuing such debt; and any liability on said debt which is not satisfied from the proceeds of the tax authorized by this article part shall be satisfied from the general funds of the county or qualified municipalities within the special district issuing such debt. (d) The resolution or ordinance calling for imposition of the tax authorized by this article solely for purposes other than for road, street, and bridge purposes or in part for road, street, and bridge purposes and in part for other purposes part may specify that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax with respect to purposes other than road, street, and bridge purposes. If the resolution or ordinance so provides, then such proceeds shall be used solely for such purpose except as provided in subsection (g) of this Code section. (e)(1) The resolution or ordinance calling for the imposition of the tax authorized by this article solely for purposes other than for road, street, and bridge purposes or in part for road, street, and bridge purposes and in part for other purposes part may specify that a part of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax with respect to purposes other than road, street, and bridge purposes. If the ordinance or resolution so provides, it shall specifically state the other purposes for which such proceeds will be used; and such other purposes shall be a part of the capital outlay project or projects for which the tax is to be imposed. In such a case no part of the net proceeds from the tax received in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed.
(2) In no event shall any proceeds of general obligation debt issued pursuant to this article be used for road, street, or bridge purposes.

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(f) The resolution or ordinance calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the purpose or purposes for which the proceeds will be used.
(g)(1)(A) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in paragraph (2) of this subsection. (B) If the county or qualified municipality within the special district receives from the tax net proceeds in excess of the maximum estimated cost of the capital outlay project or projects stated in the resolution or ordinance calling for the imposition of the tax or in excess of the actual cost of such capital outlay project or projects, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection. (C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-112 by reason of denial of validation of debt, then all net proceeds received by the county or qualified municipality within the special district from the tax shall be excess proceeds subject to paragraph (2) of this subsection. (2) Unless otherwise provided in this part or in an intergovernmental agreement entered into pursuant to this part, excess Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the county within the special district other than indebtedness incurred pursuant to this article part. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of the county within the special district, it being the intent that any funds so paid into the general fund of the county be used for the purpose of reducing ad valorem taxes."
SECTION 16. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking subsection (c) of Code Section 36-36-2, regarding the effective date of annexation, and inserting in its place a new subsection (c) to read as follows:
"(c)(1) Where an independent school system exists within the boundaries of a municipality, other effective dates may be established by the municipality solely for the purpose of determining school enrollment. (2) Unless otherwise agreed in writing by a county governing authority and the municipal governing authority, where property zoned and used for commercial purposes is annexed into a municipality with an independent school system, the effective date for the purposes of ad valorem taxes levied for educational purposes shall be December 31 of the year after the year in which the requirements of Article 2, 3, or 4 of this chapter, whichever is applicable, have been met."

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SECTION 17. Said title is further amended by striking Code section 36-36-6, relating to notice of proposed annexation, and inserting in its place a new Code Section 36-36-6 to read as follows:
"36-36-6. Upon accepting an application for annexation pursuant to Code Section 36-36-21 or a petition for annexation pursuant to Code Section 36-36-32, or upon adopting a resolution calling for an annexation referendum pursuant to Code Section 36-36-57, the governing authority of the annexing municipality shall within five business days give written notice of the proposed annexation to the governing authority of the county wherein the area proposed for annexation is located. Such notice shall include a map or other description of the site proposed to be annexed sufficient to identify the area. Where the proposed annexation is to be effected by a local Act of the General Assembly, a copy of the proposed legislation shall be provided by the governing authority of the municipality to the governing authority of the county in which the property proposed to be annexed is located following the receipt of such notice by the governing authority of the municipality under subsection (b) of Code Section 28-1-14."
SECTION 18. Said title is further amended by striking Code Section 36-36-11, relating to the effect of bona fide land use classification objections, and inserting in its place a new Code Section 36-36-11 to read as follows:
"36-36-11. (a) The intent of this Code section is to provide a mechanism to resolve disputes over land use arising out of the rezoning of property to a more intense land use in conjunction with or subsequent to annexation in order to facilitate coordinated planning between counties and municipalities particularly with respect to areas contiguous to municipal boundaries. (a)(b) As used in this Code section, the term 'bona fide land use classification objection' means an objection to a proposed change in land use which results in a substantial change in the intensity of the allowable use of the property or a change to a significantly different allowable use. (b) On or after July 1, 1998, an annexation shall not be effective until any bona fide land use classification objections raised by the county relative to the area to be annexed are resolved pursuant to the dispute resolution process required by subparagraph (C) of paragraph (4) of Code Section 36-70-24.
(1) When an initial zoning of property is sought pursuant to subsection (d) of Code Section 36-66-4 or when the rezoning of annexed property is sought within one year of the effective date of the annexation, the municipal corporation shall give notice to the county governing authority within seven calender days of the filing of the application for initial zoning or rezoning. Upon receipt of such notice, the county governing authority shall have seven calendar days to notify the municipality in writing of its intent to raise an objection to the proposed zoning or rezoning of the

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property and shall specify the basis for the objection. If the county governing authority serves notice of its intent to object, then the county governing authority shall have ten calendar days from the date of the countys notice to document in writing the nature of the objection specifically identifying the basis for the objection including any increased service delivery or infrastructure costs. The absence of a written notice of intent to object or failure to document the nature of the objection shall mean the municipal corporation may proceed with the zoning or rezoning and no subsequent objections under this process may be filed for the zoning or rezoning under consideration. (2) Commencing with the date of receipt by the municipality of the countys documented objections, representatives of the municipal corporation and the county shall have 21 calendar days to devise mitigating measures to address the countys specific objections to the proposed zoning or rezoning. The governing authority of the municipal corporation and the governing authority of the county may agree on mitigating measures or agree in writing to waive the objections at any time within the 21 calendar day period, in which event the municipal corporation may proceed with the zoning or rezoning in accordance with such agreement; or, where an initial zoning is proposed concurrent with annexation, the municipality may approve, deny, or abandon the annexation of all or parts of the property under review. (3) If the representatives of the municipal corporation and the county fail to reach agreement on the objections and mitigating measures within the 21 calendar day period, either the governing authority of the municipal corporation or the governing authority of the county may insist upon appointment of a mediator within seven calendar days after the end of the 21 day period to assist in resolving the dispute. The mediator shall be mutually selected and appointed within seven calendar days of either partys timely, written insistence on a mediator. The party insisting on use of the mediator shall bear two-thirds of the expense of the mediation and the other party shall bear one-third of the expense of the mediation. If both the municipality and the county insist on mediation, the expenses of mediation shall be shared equally. The mediator shall have up to 28 calendar days to meet with the parties to develop alternatives to resolve the objections. If the municipal corporation and the county agree on alternatives to resolve the objections, the municipal corporation may proceed in accordance with the mediated agreement. (4) If the objections are not resolved by the end of the 28 day period, the municipal governing authority or the county governing authority may, no later than seven calendar days after the conclusion of such 28 day period, request review by a citizen review panel. The citizen review panel shall be an independent body comprised of one resident of the municipal corporation appointed by the municipal governing authority, one resident of the county appointed by the county governing authority, and one nonresident of the county who is a land use planning professional mutually selected by the municipal and county appointees to the citizen review panel. No elected or appointed officials or employees, contractors, or vendors of a municipality or county may serve on the citizen review panel. If a request for review by a citizen review

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panel is made, the mediator shall make arrangements to appear personally at the first meeting of the panel and brief the panel members regarding the objections and proposed mitigating measures or provide a written presentation of such objections and proposed mitigating measures to the panel members on or before the date of such first meeting, whichever the mediator deems appropriate. The citizen review panel shall meet at least once but may conduct as many meetings as necessary to complete its review within a 21 calendar day period. All meetings of the citizen review panel shall be open to the public pursuant to Chapter 14 of Title 50. Within 21 calendar days of the request for review, the citizen review panel shall complete its review of the evidence submitted by the county and the municipality concerning the objections and proposed mitigating measures and shall issue its own recommendations. (5) The citizen review panel shall recommend approval or denial of the zoning or rezoning and address the objections and proposed mitigating measures. Where an initial zoning is proposed concurrent with annexation, the panel may also recommend that the annexation be approved or abandoned. The findings and recommendations of the citizen review panel shall not be binding. (6) Following receipt of the recommendations of the citizen review panel, the municipal corporation may:
(A) Zone or rezone all or parts of the property under review; (B) Zone or rezone all or parts of the property under review with mitigating measures; (C) Deny the zoning or rezoning of all or parts of the property under review; or (D) Any combination of the foregoing. Where an initial zoning is proposed concurrent with annexation, the municipality may also approve, deny, or abandon the annexation of all or parts of the property under review. (7) At any time during the process set forth in this Code section, the county or municipality may file a petition in superior court seeking sanctions against a party for any objections or proposed mitigating measures that lack substantial justification or that were interposed for purposes of delay or harassment. Such petition shall be assigned to a judge, pursuant to Code Section 15-1-9.1 or 15-6-13, who is not a judge in the circuit in which the county is located. The judge selected may also be a senior judge pursuant to Code Section 15-1-9.2 who resides in another circuit. The visiting or senior judge shall determine whether any objections or proposed mitigating measures lack substantial justification or were interposed for delay or harassment and shall assess against the party raising such objection or proposing or objecting to such mitigating measures the full cost of attorney fees and other costs incurred by the other party in responding to the objections or proposed mitigating measures. (8) Unless otherwise agreed, a zoning or rezoning decision made pursuant to this Code section shall not be effective until 28 calendar days following the completion of the process authorized by this Code section and the zoning or rezoning vote by the municipal governing authority.

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(9) During the process set forth in this Code section, the municipal corporation may proceed with notice, hearings, and other requirements for zoning or rezoning in accordance with the municipalitys zoning ordinance. (c) If the annexation, zoning, or rezoning is denied or abandoned based in whole or in part on the countys objections, the county shall not zone or rezone the property or allow any use of a similar or greater density or intensity to that proposed for the property which had been objected to by the county pursuant to this Code section for a one-year period after the denial or abandonment. (d) The process set forth in subsection (b) of this Code section specifies minimum procedures for addressing objections. However, a county and a municipality may agree to additional procedures by resolution of the county and municipal governing authorities. Notwithstanding subsections (b) and (c) of this Code section, any agreement to resolve county objections to a proposed land use of an area to be annexed into a municipality which agreement was in effect on January 1, 2004, and which includes a provision whereby the county and a municipality agree to be bound by the recommendations of an annexation appeals board shall remain in effect until the parties agree otherwise."
SECTION 19. Said title is further amended by striking paragraph (4) of subsection (d) of Code Section 36-66-4, relating to hearings with respect to proposed zoning decisions and procedure on zoning for property annexed into municipality, and inserting in its place a new paragraph (4) to read as follows:
"(4) The zoning classification approved by the municipality following the hearing required by this Code section shall become effective on the later of:
(A) The date the zoning is approved by the municipality; or (B) The date that the annexation becomes effective pursuant to Code Section 3636-2; or (C) Where a county has interposed an objection pursuant to Code Section 36-3611, the date provided for in paragraph (8) of subsection (b) of said Code section."
SECTION 20. Said title is further amended by striking paragraph (4) of Code Section 36-70-24, relating to criteria for service delivery, and inserting in its place a new paragraph (4) to read as follows:
"(4)(A) Local governments within the same county shall, if necessary, amend their land use plans so that such plans are compatible and nonconflicting, or, as an alternative, they shall adopt a single land use plan for the unincorporated and incorporated areas of the county. (B) The provision of extraterritorial water and sewer services by any jurisdiction shall be consistent with all applicable land use plans and ordinances. (C) A process shall be established by each county and every municipality located within each county, regardless of population, to resolve land use classification

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disputes when a county objects to the proposed land use of an area to be annexed into a municipality within the county."
SECTION 21. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section immediately following Code Section 48-8-121, to be designated Code Section 48-8-122, to read as follows:
"48-8-122. The governing authority of the county and the governing authority of each municipality receiving any proceeds from the tax under this part or under Article 4 of this chapter shall maintain a record of each and every project for which the proceeds of the tax are used. Not later than December 31 of each year, the governing authority of each local government receiving any proceeds from the tax under this part shall publish annually, in a newspaper of general circulation in the boundaries of such local government, a simple, nontechnical report which shows for each project or purpose in the resolution or ordinance calling for imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. In the case of road, street, and bridge purposes, such information shall be in the form of a consolidated schedule of the total original estimated cost, the total current estimated cost if it is not the original estimated cost, and the total amounts expended in prior years and the current year for all such projects and not a separate enumeration of such information with respect to each such individual road, street, or bridge project. The report shall also include a statement of what corrective action the local government intends to implement with respect to each project which is underfunded or behind schedule and a statement of any surplus funds which have not been expended for a project or purpose."
SECTION 22. Said title is further amended by adding a new Code Section 48-5-478.3 to read as follows:
"48-5-478.3. A single motor vehicle owned by or leased to a veteran of the armed forces of the United States who has been awarded the Medal of Honor and who is a citizen and resident of Georgia and on which such veteran actually places the motor vehicle license plates he or she receives from the State of Georgia pursuant to Code Section 40-2-68 is hereby exempted from all ad valorem taxes for state, county, municipal, and school purposes."
SECTION 23. (a) Sections 1, 2, 3, 5, 6, 7, 22, this section, and Section 24 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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(b) Sections 4, 16, 17, 18, 19, 20, and 21 of this Act shall become effective on July 1, 2004. (c) Sections 8, 9, 10, 11, 12, 13, 14, and 15 of this Act shall become effective on July 1, 2004, and Sections 8, 9, 10, 11, 12, 13, 14, and 15 of this Act shall apply with respect to taxes imposed or to be imposed under any resolution or ordinance adopted by a county or municipal governing authority on or after July 1, 2004; and, except as otherwise specifically provided in this Act, Sections 8, 9, 10, 11, 12, 13, 14, and 15 of this Act shall not apply with respect to taxes imposed or to be imposed under resolutions and ordinances adopted prior to July 1, 2004.
SECTION 24. All laws and parts of laws in conflict with this Act are repealed.

Representative Royal of the 140th moved that the House adopt the report of the Committee of Conference on HB 709.

On the motion, 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
Birdsong N Black
Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas Y Chambers Y Channell Y Childers

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley N Douglas Y Drenner Y Dukes
Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J
Fludd N Forster N Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K

Y Hill, C.A Y Hill, V N Hines Y Holmes
Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis
Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin N Martin N Massey N Maxwell

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S
Rice Richardson Y Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal

Y Sholar Y Sims Y Sinkfield Y Skipper N 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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M
Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White N Wilkinson N Willard Y Williams, A

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N Coan Y Coleman, B N Cooper
Crawford Y Cummings

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Heath Y Heckstall Y Hembree Y Henson N Hill, C

Y McBee Y McCall Y McClinton Y Millar N Mills

Y Rynders Sailor
N Scott Y Shaw
Sheldon

On the motion, the ayes were 127, nays 34. The motion prevailed.

Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

Representative Rice of the 64th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Chip Rogers, House District 15 Reason for voting against HB 709 Conference Report
This bill is a combination of more than seven different pieces of legislation. The bill was not properly discussed having been offered at 6 P.M. on the final day of the session. A bill that could possibly take billions of dollars out of the private sector needs further debate and consideration.
/s/ Chip Rogers 15th District

The following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
SB 147. By Senators Adelman of the 42nd, Collins of the 6th, Stokes of the 43rd, Unterman of the 45th, Stephens of the 51st and others:
A BILL to be entitled an Act to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to provide for penalties for disclosing, publishing, or disseminating the location of a family violence shelter; to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to require telephone companies to file plans with the Georgia Public Service Commission to provide for the confidentiality of family violence shelter locations; to provide for review of such plans; to provide for sanctions for the failure to file such plans; to provide a short title; to provide for related

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matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to provide for penalties for disclosing, publishing, or disseminating the location of a family violence shelter; to provide for a short title; to provide for exceptions; to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to require telephone companies to file plans with the Georgia Public Service Commission to provide for the confidentiality of family violence shelter locations; to provide for review of such plans; to provide for sanctions for the failure to file such plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known as and may be cited as the "Family Violence Shelter Confidentiality Act of 2004."
SECTION 2. Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, is amended by striking Code Section 19-13-23 and inserting in lieu thereof new Code Sections 19-13-23 and 19-13-24 to read as follows:
"19-13-23. (a) Any person who knowingly publishes, disseminates, or otherwise publicly discloses the location of a family violence shelter is guilty of a misdemeanor. (b) This Code section shall not apply to:
(1) Confidential communications between a client and his or her attorney; or (2) Instances when such publication, dissemination, or disclosure is specifically authorized by the director of the shelter.
19-13-24. (a) Any person, corporation, or other entity that publishes, disseminates, or otherwise publicly discloses the location of a family violence shelter, whether intentionally or negligently, shall be liable either for all of the actual costs incurred in relocating such shelter or for a civil remedy payable to such shelter in the amount of not less than $25,000.00 for each instance, not to exceed the full costs of relocating such shelter.

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When the location of a shelter has become generally known as a result of the publication, dissemination, or disclosure of its location by a person, corporation, or other entity, the court shall require that the person, corporation, or other entity violating this Code section shall pay all of the actual costs incurred in relocating such shelter to a comparable facility. When the location of a shelter has been published, disseminated, or publicly disclosed by a person, corporation, or other entity, but the location has not become generally known as a result of such publication, dissemination, or disclosure, the court may require the person, corporation, or other entity making such publication, dissemination, or disclosure to pay relocation costs in lieu of a civil remedy. (b) For the purposes of this Code section, an instance of publication, dissemination, or disclosure shall be limited to each time, place, and manner the location is published, disseminated, or disclosed. Each edition of a telephone directory in printed format which contains the location of a shelter shall constitute only one instance regardless of the number of copies of the directory that are published or disseminated. (c) This Code section shall not apply:
(1) To confidential communications between a client and his or her attorney; (2) To instances when such publication, dissemination, or public disclosure is specifically authorized by the director of the shelter; or (3) When a company publishes the location of a family violence shelter upon reliance on a third party who did not identify the confidential nature of the location, and such company did not know and should not have known that the location is confidential. This exception shall not apply if the company was aware that the third party had previously failed to inform the company of confidential information relating to the location of family violence shelters."
SECTION 3. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by adding a new Code Section 46-5-7 to read as follows:
"46-5-7. (a) Prior to January 1, 2005, each person, corporation, or other entity that provides telephone service in this state and each person, corporation, or other entity that publishes, disseminates, or otherwise provides telephone directory information or listings of telephone subscribers in this state shall file a plan with the commission setting forth in detail how such person, corporation, or other entity will protect the confidentiality of the address or location of family violence shelters in this state. Such plan shall provide the manner in which the person, corporation, or other entity will identify all such shelters and the manner in which the person, corporation, or other entity will keep the location and address of such shelters confidential. (b) Such persons, corporations, and other entities shall update such plans at least every 24 months. (c) Such original and updated plans shall be approved by the commission upon a determination that the plans are reasonably effective in identifying all family violence

WEDNESDAY, APRIL 7, 2004

3729

shelters in the state and in maintaining the confidentiality of the location and address of such shelters. If the commission determines that a plan is inadequate, it shall state the basis on which the plan was determined to be inadequate and shall allow the person, corporation, or other entity filing such plan a period of not more than 30 days to file a revised plan that is acceptable to the commission. (d) Such plans shall not be open to examination by the public and shall be exempt from disclosure under the provisions of Article 4 of Chapter 18 of Title 50. (e) Failure to file an acceptable plan or updated plan in accordance with this Code section shall be subject to the sanctions provided in Article 5 of Chapter 2 of this title. (f) Each person, corporation, or other entity subject to this Code section shall file a copy of all original plans, updated plans, and revised plans with the State Commission on Family Violence, which is authorized to provide comments concerning such plans to the commission in order to aid in review and approval of such plans. (g) The filing and approval of such plans shall not in any manner be a defense to any action or prosecution for the violation of Code Section 19-13-23 or 19-13-24."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Moraitakis of the 42nd, Post 4 and Benfield of the 56th, Post 1, was read and adopted:

A BILL
To amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to require telephone companies to file plans with the Georgia Public Service Commission to provide for the confidentiality of family violence shelter locations; to provide for review of such plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known as and may be cited as the "Family Violence Shelter Confidentiality Act of 2004."

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SECTION 2. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by adding a new Code Section 46-5-7 to read as follows:
"46-5-7. (a) Prior to January 1, 2005, each person, corporation, or other entity that provides telephone service in this state and each person, corporation, or other entity that publishes, disseminates, or otherwise provides telephone directory information or listings of telephone subscribers in this state shall file a plan with the commission setting forth in detail how such person, corporation, or other entity will protect the confidentiality of the address or location of family violence shelters, as defined in Code Section 19-13-20, in this state. Such plan shall describe the manner in which the person, corporation, or other entity will identify all such shelters and the manner in which the person, corporation, or other entity will keep the location and address of such shelters confidential. (b) Such persons, corporations, and other entities shall update such plans at least every 24 months. (c) Such original and updated plans shall be approved by the commission within a reasonable time upon a determination that the plans are reasonably effective in identifying the family violence shelters in the state and in maintaining the confidentiality of the location and address of such family violence shelters. If the commission determines that a plan is inadequate, it shall state the basis on which the plan was determined to be inadequate and shall allow the person, corporation, or other entity filing such plan a period of not more than 30 days to file a revised plan that is acceptable to the commission. (d) Such plans shall not be open to examination by the public and shall be exempt from disclosure under the provisions of Article 4 of Chapter 18 of Title 50. (e) Within three days of filing original plans or updates with the commission, each person, corporation, or other entity subject to this Code section shall submit a copy of all original plans, updated plans, and revised plans to the State Commission on Family Violence, which is authorized to provide comments concerning such plans to the commission in order to aid in review and approval of such plans. (f) The filing or approval of such plans shall not in any manner be a defense to any action or prosecution."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, APRIL 7, 2004

3731

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.

On the passage of the Bill, 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
Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas
Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Dix
Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Fludd Y Forster Y Franklin Y Gardner Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Heath Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis
Lord Y Lucas
Lunsford Y Maddox
Mangham Y Manning
Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M
O'Neal Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal
Rynders Sailor Y Scott Y Shaw Y Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 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 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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Representative Mangham of the 62nd 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 Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 588 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, APRIL 7, 2004

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 40th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 1580
SR 596 SR 668 SR 760 SR 866

House Study Committee on Adult and Childhood Obesity and Prevention; create Designate; Rosa Proctor Bridge; Baldwin County Designate; John D. Smith Highway; Paulding County Joint Early Learning Initiative Commission; create Battlefield Parkway; Catoosa County; dedicate portion to Baxter Shavers

WEDNESDAY, APRIL 7, 2004

3733

DEBATE CALENDAR

HR 1759 SB 153 SB 460
SB 478 SB 511
SB 588
SB 603
SR 563 SR 858

Plasma arc technology; renewable energy; state recognize Election; qualifying fees; county officials; calculation Soil erosion and sedimentation; 25 foot buffers along state waters; change prov. Marriage; application of license; State Office of Vital Records; revisions Nuisances; agricultural facilities/operations; change provisions of treatment Public monuments; protection of privately owned honoring military; penalties Traffic; speed-monitoring systems; measure speed/produce photograph; penalty CA: Game and Fish; subject to reasonable restrictions; rights Redevelopment; authorize Governor by executive order to establish commissions

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the House and Senate were taken up for consideration and read the third time:

HR 1580. By Representatives Stanley-Turner of the 43rd, Post 2, Beasley-Teague of the 48th, Post 2, Henson of the 55th, Thomas of the 43rd, Post 1, Childers of the 13th, Post 1 and others:
A RESOLUTION creating the House Study Committee on Adult and Childhood Obesity and Prevention; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

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N Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield
Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome N Brown E Bruce E Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter N Burmeister
Butler Y Campbell N Casas Y Chambers Y Channell Y Childers N Coan Y Coleman, B Y Cooper
Crawford Y Cummings

Y Day Dean
Y Deloach Dix
Y Dodson Y Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart
Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin
Gardner Golick Graves, D N Graves, T Y Greene Y Greene-Johnson Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Heath Y Heckstall Y Hembree Y Henson N Hill, C

Hill, C.A Hill, V N Hines 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 N Joyce N Keen N Knox Y Lane Y Lewis Lord Lucas Lunsford Y Maddox Y Mangham Manning Y Marin N Martin Y Massey Y Maxwell Y McBee McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis
Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M
O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice
Richardson N Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal N Rynders
Sailor Y Scott Y Shaw N Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren
Watson Y Westmoreland N White N Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 118, nays 30. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Heard of the 70th, Post 3 stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

SB 511. By Senators Bulloch of the 11th, Hill of the 4th, Seabaugh of the 28th, Balfour of the 9th, Gillis of the 20th and others:

WEDNESDAY, APRIL 7, 2004

3735

A BILL to be entitled an Act to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, so as to change certain provisions relating to treatment of agricultural facilities and operations as nuisances; to provide that certain agricultural support facilities shall not be or become nuisances due to changed conditions in or around the locations of such facilities; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, so as to change certain provisions relating to treatment of agricultural facilities and operations as nuisances; to provide that certain agricultural and forest products support facilities shall not be or become nuisances due to changed conditions in or around the locations of such facilities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, is amended by striking Code Section 41-1-7, relating to treatment of agricultural facilities and operations as nuisances, and inserting in lieu thereof the following:
"41-1-7. (a) It is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural and forest land and facilities for the production or distribution of food and other agricultural products, including without limitation forest products. When nonagricultural land uses extend into agricultural or agriculture-supporting industrial or commercial areas or forest land or when there are changed conditions in or around the locality of an agricultural facility or agricultural support facility, agricultural such operations often become the subject of nuisance actions. As a result, agricultural such facilities are sometimes forced to cease operations. Many others are discouraged from making investments in agricultural support facilities or farm improvements or adopting new related technology or methods. It is the purpose of this Code section to reduce losses of the states agricultural and forest land resources by limiting the circumstances under which agricultural facilities and operations or agricultural support facilities may be deemed to be a nuisance. (b) As used in this Code section, the term:

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(1) 'Agricultural area' means any land which is, or may be, legally used for an agricultural operation under applicable zoning laws, rules, and regulations at the time of commencement of the agricultural operation of the agricultural facility at issue and throughout the first year of operation of such agricultural facility. Any land which is not subject to zoning laws, rules, and regulations at the time of commencement of an agricultural operation of an agricultural facility and throughout the first year of operation of such agricultural facility shall be deemed an 'agricultural area' for purposes of this Code section. (2) 'Agricultural facility' includes, but is not limited to, any land, building, structure, pond, impoundment, appurtenance, machinery, or equipment which is used for the commercial production or processing of crops, livestock, animals, poultry, honeybees, honeybee products, livestock products, poultry products, timber, forest products, or products which are used in commercial aquaculture. Such term shall also include any farm labor camp or facilities for migrant farm workers. (3) 'Agricultural operation' means:
(A) The plowing, tilling, or preparation of soil at an agricultural facility; (B) The planting, growing, fertilizing, or harvesting, or otherwise maintaining of crops as defined in Code Section 1-3-3, including without limitation timber and trees that are grown for purposes other than for harvest and for sale; (C) The application of pesticides, herbicides, or other chemicals, compounds, or substances to crops, weeds, or soil in connection with the production of crops, timber, livestock, animals, or poultry; (D) The breeding, hatching, raising, producing, feeding, keeping, slaughtering, or processing of livestock, hogs, equines, chickens, turkeys, poultry or other fowl normally raised for food, mules, cattle, sheep, goats, dogs, rabbits, or similar farm animals for commercial purposes; (E) The production and keeping of honeybees, the production of honeybee products, and honeybee processing facilities; (F) The production, processing, or packaging of eggs or egg products; (G) The manufacturing of feed for poultry or livestock; (H) The rotation of crops, including without limitation timber production; (I) Commercial aquaculture; (J) The application of existing, changed, or new technology, practices, processes, or procedures to any agricultural operation; and (K) The operation of any roadside market. (3.1) 'Agricultural support facility' means any food processing plant or forest products processing plant together with all related or ancillary activities, including trucking; provided, however, this term expressly excludes any rendering plant facility or operation. (4) 'Changed conditions' means any one or more of the following: (A) Any change in the use of land in an agricultural area or in an industrial or commercial area affecting an agricultural support facility;

WEDNESDAY, APRIL 7, 2004

3737

(B) An increase in the magnitude of an existing use of land in or around the locality of an agricultural facility or agricultural support facility and includes, but is not limited to, urban sprawl into an agricultural area or into an industrial or commercial area in or around the locality of an agricultural such facility, or an increase in the number of persons making any such use, or an increase in the frequency of such use; or (C) The construction or location of improvements on land in or around the locality of an agricultural facility or agricultural support facility closer to an agricultural such facility than those improvements located on such land at the time of commencement of the agricultural or agricultural support operation or the agricultural facility or agricultural support facility at issue and throughout the first year of operation of said agricultural facility. (4.1) 'Food processing plant' means a commercial operation that manufactures, packages, labels, distributes, or stores food for human consumption and does not provide food directly to a consumer. (4.2) 'Forest products processing plant' means a commercial operation that manufactures, packages, labels, distributes, or stores any forest product. (4.3) 'Rendering plant' has the meaning provided by Code Section 4-4-40. (5) 'Urban sprawl' means either of the following or both: (A) The With regard to an agricultural area or agricultural operation:
(i) The conversion of agricultural areas from traditional agricultural use to residential use; or (B)(ii) An increase in the number of residences in an agricultural area which increase is unrelated to the use of the agricultural area for traditional agricultural purposes. (B) With regard to an agricultural support facility: (i) The conversion of industrial or commercial areas to residential use; or (ii) An increase in the number of residences in an industrial or commercial area which increase is unrelated to the use of the industrial or commercial area for traditional industrial or commercial purposes. (c) No agricultural facility, or any agricultural operation at an agricultural facility, agricultural support facility, or any operation at an agricultural support facility shall be or shall become a nuisance, either public or private, as a result of changed conditions in or around the locality of such agricultural facility if the agricultural facility has been in operation for one year or more. The provisions of this subsection shall not apply when a nuisance results from the negligent, improper, or illegal operation of any agricultural such facility. (d) For purposes of this Code section, the established date of operation is the date on which an agricultural operation or agricultural support facility commenced operation. If the physical facilities of the agricultural operation or the agricultural support facility are subsequently expanded or new technology adopted, the established date of operation for each change is not a separately and independently established date of operation and the

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JOURNAL OF THE HOUSE

commencement of the expanded operation does not divest the agricultural operation or agricultural support facility of a previously established date of operation."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Purcell of the 122nd, Westmoreland of the 86th and Coleman of the 118th moves to amend the Committee substitute to SB 511 by striking lines 4 and 5 of page 1 and inserting in lieu thereof the following:
"agricultural and forest products operations and support facilities shall not be or become nuisances due to changed conditions in or around the locations of such operations and facilities; to repeal conflicting laws;".
By striking line 19 of page 2 and inserting in lieu thereof the following:
"as defined in Code Section 1-3-3 and also timber and trees that are".
By striking line 35 of page 3 and inserting in lieu thereof the following:
"(c) No agricultural facility, or agricultural operation, any agricultural operation at an agricultural facility,".
By striking lines 1 through 4 of page 4 and inserting in lieu thereof the following:
"around the locality of such agricultural facility or operation if the agricultural facility or operation has been in operation for one year or more. The provisions of this subsection shall not apply when a nuisance results from the negligent, improper, or illegal operation of any agricultural such facility or operation.".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

WEDNESDAY, APRIL 7, 2004

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell
Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas
Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner
Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K
Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell Y Hudson
Hugley Y Jackson Y James Y Jamieson Y Jenkins, C
Jenkins, C.F Jones Y Jordan Joyce Y Keen Knox Lane Y Lewis Y Lord Lucas Lunsford Y Maddox Y Mangham Y Manning Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y 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 Y 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 Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

3739
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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R
Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Jenkins of the 8th 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.

The following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

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SB 425. By Senators Collins of the 6th, Cagle of the 49th, Price of the 56th, Tanksley of the 32nd and Levetan of the 40th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to the allocation of funds for public roads, so as to change the provisions regarding the balancing of federal and state funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding collections, expenditures, and exemptions with respect to certain revenue regarding roads; to change certain provisions regarding priority of expenditures from the State Public Transportation Fund; to change certain provisions regarding allocation of state and federal road funds; to change certain provisions regarding applicability of sales and use tax to motor fuel sales; to change certain provisions regarding the second motor fuel tax; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by striking Code Section 32-5-21, relating to the priority of expenditures from the State Public Transportation Fund, and inserting in its place a new Code Section 32-5-21 to read as follows:
"32-5-21. Subject to the restrictions on expenditures imposed by Code Section 32-5-23, the State Public Transportation Fund shall be expended by the department in the following order; provided, however, that 25 percent of the total amount of taxes collected at the rate of 4 percent under paragraph (1) of subsection (b) of Code Section 48-9-14 shall be expended in accordance with paragraph (6) of this Code section:
(1) To pay the rentals on lease contracts entered into pursuant to the authority of the Constitution of Georgia; (2) To pay into the State of Georgia Guaranteed Revenue Debt Common Reserve Fund the amount of the highest annual debt service requirements for an issue of guaranteed revenue debt for public road projects initiated pursuant to Code Section

WEDNESDAY, APRIL 7, 2004

3741

32-10-67, upon its issuance, when the guarantee of the specific issue has been authorized by an appropriation of moneys governed by Article III, Section IX, Paragraph VI(b) of the Constitution and the appropriation meets the requirements for such debt as provided by Article VII, Section IV, Paragraph III(b) of the Constitution; (3) To pay the costs of operating the department and for any emergencies or unusual situations; (4) To pay the costs necessary to comply with the conditions of federal-aid apportionments to the state for the planning, surveying, constructing, paving, and improving of the public roads in Georgia; (5) Next, a sum equal to at least 15 percent of the State Public Transportation Fund, said sum to be used as follows:
(A) One-third to pay all or part of the costs of the planning, surveying, constructing, improving, paving, and completing public roads not on the state highway system; (B) One-third to pay all or part of the costs of planning, surveying, constructing, improving, and paving public roads on the state highway system; and (C) The remaining one-third to pay all or part of the costs of planning, surveying, constructing, reconstructing, paving, and improving the public roads of Georgia determined by the department to be most in need of such work; and (6) A sum equal to 25 percent of the total amount of taxes collected at the rate of 4 percent under paragraph (1) of subsection (b) of Code Section 48-9-14 shall be used as follows: (A) Seventy-five percent of such amount shall be expended on the costs of planning, surveying, constructing, reconstructing, paving, and improving the public roads of Georgia as determined by the department to be eligible under the departments Local Assistance Road Program; and (B) Twenty-five percent of such amount shall be expended on the costs of planning, surveying, constructing, reconstructing, paving, and improving the public roads of Georgia not on the state highway system or as determined by the department to be most in need of such work; and (6)(7) After the requirements set out in the foregoing provisions of this Code section have been met, the remainder of the State Public Transportation Fund to be expended to pay the costs of maintaining, improving, constructing, and reconstructing the public roads of the state highway system, for maintaining roads within and leading to state parks, and for constructing public roads by department forces."
SECTION 2. Said title is further amended by striking subsection (a) of Code Section 32-5-30, relating to the allocation of state and federal road funds, and inserting in its place the following:
"(a) The total of expenditures from the State Public Transportation Fund under paragraphs (4), (5), and (6), and (7) of Code Section 32-5-21 plus expenditures of federal funds appropriated to the department, not including any state or federal funds specifically designated for maintenance and operations, any project undertaken for the purposes of providing for the planning, surveying, constructing, paving, and improving

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of The Dwight D. Eisenhower System of Interstate and Defense Highways within the state, any project undertaken for purposes of the Developmental Highway System provided by Code Section 32-4-22, or any project of the Georgia Regional Transportation Authority, Georgia Ports Authority, or Metropolitan Atlanta Rapid Transit Authority, shall be budgeted by the department over each five-year period commencing July 1, 1999 2003, and quinquennially thereafter such that at the end of such period funding obligations equivalent to at least 85 percent of such total for such period shall have been divided equally among the congressional districts in this state, as those districts existed at the commencement of such period, for public road and other public transportation purposes in such districts; with the remainder of such total divided among such congressional districts such that 5 percent of such total for such period shall have been obligated for public road projects incidental to economic development purposes anywhere in this state, and no such congressional district shall have received funding obligations pursuant to this subsection for such period which are more than 20 percent greater than that received by any other such congressional district pursuant to this subsection for such period."
SECTION 3. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-8-3.1, relating to the applicability of sales and use tax to motor fuel sales, and inserting in its place a new Code Section 48-8-3.1. to read as follows:
"48-8-3.1. (a) Except as provided in subsection (b) of this Code section, sales of motor fuels as defined in paragraph (9) of Code Section 48-9-2 shall be exempt from the first 3 4 percent of the sales and use taxes tax levied or imposed by this article and shall be subject to the remaining 1 percent of the sales and use taxes levied or imposed by this article. (b) Sales of motor fuel other than gasoline which motor fuel other than gasoline is purchased for purposes other than propelling motor vehicles on public highways as defined in Article 1 of Chapter 9 of this title shall be fully subject to the 4 percent sales and use taxes levied or imposed by this article unless otherwise specifically exempted by this article. (c) It is specifically declared to be the intent of the General Assembly that taxation imposed on sales of motor fuel wholly or partially subject to taxation under subsection (b) of this Code section shall not constitute motor fuel taxes for purposes of any provision of the Constitution providing for the automatic or mandatory appropriation of any amount of funds equal to funds derived from motor fuel taxes."
SECTION 4. Said title is further amended by striking Code Section 48-9-14, relating to the second motor fuel tax, and inserting in its place a new Code Section 48-9-14 to read as follows:

WEDNESDAY, APRIL 7, 2004

3743

"48-9-14. (a) In addition to the motor fuel tax imposed by Code Section 48-9-3, there is imposed a second motor fuel tax.
(b)(1) The motor fuel tax imposed by this Code section is levied at the rate of 3 4 percent of the retail sale price less the tax imposed by Code Section 48-9-3 upon the sale, use, or consumption, as defined in Code Section 48-8-2, of motor fuel in this state. This tax shall be subject only to the exemptions provided in Code Section 48-93.
(2)(A) As used in this paragraph, the term 'prepaid state tax' shall have the same meaning as provided in paragraph (5.1) of Code Section 48-8-2. (B) At the time the tax imposed by Code Section 48-9-3 attaches to a sale or transfer of motor fuels, a prepaid state tax shall be collected. The same person remitting the tax imposed under Code Section 48-9-3, but on a separate schedule, shall remit the prepaid state tax to the state. The tax shall be separately invoiced throughout the chain of distribution until it reaches the dealer who makes the retail sale. The commissioner shall issue the rate of prepaid state tax on a semiannual basis, rounded to the nearest $.001 per gallon for use in the following semiannual period. The rate shall be calculated at 4 percent of the state-wide average retail price by motor fuel type as compiled by the Energy Information Agency of the United States Department of Energy, the Oil Pricing Information Service, or a similar reliable published index less taxes imposed under Code Section 48-9-3, this subsection, and all local sales and use taxes. In the event that the retail price changes by 25 percent or more within a semiannual period, the commissioner shall issue a revised prepaid state tax rate for the remainder of that period. (c)(1) Except as otherwise provided in paragraph (2) of this subsection, in all other respects, the tax imposed by this Code section shall be administered and collected and penalties and interest shall be imposed in the same manner as the sales and use tax collected pursuant to Article 1 of Chapter 8 of this title. (2) Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
SECTION 5. This Act shall become effective on July 1, 2005.
SECTION 6. 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.

3744

JOURNAL OF THE HOUSE

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 N Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders N Bridges N Brock N Brooks Y Broome N Brown E Bruce E Buck Y Buckner, D N Buckner, G
Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan Y Coleman, B N Cooper Y Crawford Y Cummings

N Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley N Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps
Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner
Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson
Hill, C

Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C
Jenkins, C.F Y Jones Y Jordan
Joyce N Keen
Knox Lane Y Lewis Y Lord Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin N Martin N Massey Y Maxwell McBee Y McCall Y McClinton N Millar N Mills

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B N Oliver, M N O'Neal N Orrock Y Parham Y Parrish N Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S
Rice Richardson Y Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Y Rynders Sailor N Scott Y Shaw Y Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B Y Smith, L Y Smith, P N 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
Walker, R.L Y Warren Y Watson
Westmoreland Y White
Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 116, nays 36.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Parsons of the 29th and Smith of the 129th, Post 2 stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

WEDNESDAY, APRIL 7, 2004

3745

Representatives Jenkins of the 8th, Knox of the 14th, Post 1 and Westmoreland of the 86th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

SB 588. By Senators Mullis of the 53rd, Johnson of the 1st, Smith of the 52nd, Thomas of the 54th, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the state flag and the protection of public monuments honoring the military, so as to provide for the protection of privately owned monuments honoring past or present military personnel; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, 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 Y Brown E Bruce E Buck
Buckner, D Y Buckner, G

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley
Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D

Y Hill, C.A Y Hill, V Y Hines
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 Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L
Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet N Teper Y Thomas Morgan Y Thomas, A.M Y Thompson

3746
Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin
Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills

Y Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

Y Walker, L Y Walker, R.L Y Warren Y Watson 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, the ayes were 162, nays 1. The Bill, having received the requisite constitutional majority, was passed.

SB 603. By Senators Cagle of the 49th, Thompson of the 33rd and Bowen of the 13th:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for photographic speed-monitoring systems; to provide for definitions and operating requirements relative to such photographic speed-monitoring systems; to provide for a civil monetary penalty for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to prohibit technology used by the State Road and Tollway Authority from producing a recorded image of a person in a motor vehicle; to provide for exceptions; to amend Code Section 40-14-21 of the Official Code of Georgia Annotated, relating to use of traffic-control signal monitoring devices, so as to prohibit a traffic-control device from producing a recorded image of a person in a motor vehicle; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

WEDNESDAY, APRIL 7, 2004

3747

SECTION 1. Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, is amended in Code Section 32-10-64, relating to general toll powers, police powers, and rules and regulations, by striking subsection (h) of said Code section and inserting in its place the following:
"(h) The authority may in its discretion use such technology, including but not limited to automatic vehicle license tag identification photography and video surveillance, either by electronic imaging or photographic copy, that it deems necessary to aid in the collection of tolls and enforcement of toll violations. Such technology shall not be used to produce any photograph, microphotograph, electronic image, or videotape showing the identity of any person in a motor vehicle except that such technology may be utilized for general surveillance of a toll collection facility for the security of toll collection facility employees."
SECTION 2. Code Section 40-14-21 of the Official Code of Georgia Annotated, relating to use of traffic-control signal monitoring devices, is amended by adding a new subsection (e) to read as follows:
"(e) A traffic-control signal monitoring device shall not be used to produce any photograph, microphotograph, electronic image, or videotape showing the identity of any person in a motor vehicle."
SECTION 3. 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
Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming

Y Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C
Jenkins, C.F

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock
Parham

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

3748
Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin
Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills

Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray
Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L N Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

Stephenson Y Stokes Y Stoner Y Teilhet N Teper Y Thomas Morgan Y Thomas, A.M
Thompson Y Walker, L
Walker, R.L Y Warren Y Watson 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 158, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SR 866. By Senator Mullis of the 53rd:
A RESOLUTION dedicating a portion of the Battlefield Parkway in Catoosa County to the memory of Baxter Shavers; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas

Y Hill, C.A Hill, V
Y Hines Holmes
Y Houston Y Howard Y Howell Y Hudson

Mitchell Y Mobley Y Moraitakis
Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T

Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, APRIL 7, 2004

Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming
Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Gardner Y Golick
Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin
Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Rogers, C Rogers, Ch. Y Royal Y Rynders Sailor Y Scott Y Shaw Y Sheldon

3749
Y Smith, V Smyre
Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Stokes Stoner Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Yates Coleman, Speaker

On the adoption of the Resolution, the ayes were 151, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Bannister of the 70th, Post 1 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.

HR 1759. By Representatives Manning of the 32nd, McCall of the 78th and Hanner of the 133rd:
A RESOLUTION recognizing that plasma arc is a technology that represents renewable energy production in the State of Georgia; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

3750

JOURNAL OF THE HOUSE

On the adoption of the Resolution, 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
Brooks Y Broome Y Brown E Bruce E Buck N Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines
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 Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock
Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C
Rogers, Ch. Royal Y Rynders Sailor Y Scott Y Shaw Y Sheldon

Sholar Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet N Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White
Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

On the adoption of the Resolution, the ayes were 156, nays 3. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Royal of the 140th 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.

WEDNESDAY, APRIL 7, 2004

3751

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Committee of Conference on the following bill of the House:
HB 709. By Representatives Ashe of the 42nd, Post 2, Holmes of the 48th, Post 1, McClinton of the 59th, Post 1 and Smyre of the 111th:
A BILL to amend Code Section 48-8-6 of the Official Code of Georgia Annotated, relating to limitations and restrictions on certain local taxes, so as to provide that certain taxes shall be excluded in computing the limitation on the total amount of local sales and use taxes which may be levied; to provide certain exemptions from certain local sales and use taxes; and for other purposes.
The Senate has agreed to the House amendments to the following bill of the Senate:
SB 231. By Senator Price of the 56th:
A BILL to be entitled an Act to amend an Act providing for the establishment of a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4084), an Act approved April 1, 1996 (Ga. L. 1996, p. 3859), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3635), so as to specify a name for the county-wide library system; to change membership, the number of members, and the selection of members of the library board of trustees; to provide for vacancies and related matters; to provide for the selection of the executive director of the library system and to whom the executive director shall report; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate insists on its substitute to the following bill of the House:
HB 1335. By Representatives Boggs of the 145th, Greene of the 134th, Crawford of the 91st and Walker of the 115th:
A BILL to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment for crimes, so as to provide that the superior court sentence review panel shall be required to provide an

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JOURNAL OF THE HOUSE

opinion or memorandum of decision when a sentence is reduced; to clarify sentences subject to review; and for other purposes.
The Senate has agreed to the House amendment to the Senate amendment to the following bills of the House:
HB 1162. By Representatives Powell of the 23rd, Parham of the 94th and Reece of the 21st:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for licensing of ignition interlock device provider centers; to provide a short title; to provide for definitions; to provide for certain requirements for operators of provider centers; to provide for a misdemeanor offense; and for other purposes.
HB 1168. By Representatives Rice of the 64th, Parham of the 94th, Keen of the 146th, Reece of the 21st, Brown of the 89th and others:
A BILL to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to change certain provisions relating to examination of applicants; to provide that licensed driver training schools may conduct road tests for applicants for drivers' licenses; to provide for approval by the department of driver training schools; to provide that it shall be a misdemeanor to a licensed driving instructor to falsely certify that an applicant has passed a road test; and for other purposes.
The Senate adheres to its amendments and has appointed a Committee of Conference on the following bill of the House:
HB 239. By Representatives Lunsford of the 85th, Post 2, Westmoreland of the 86th, Campbell of the 39th, Keen of the 146th and Maddox of the 59th, Post 2:
A BILL to amend Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to inmate records and earned time allowances in county correctional facilities, so as to change provisions relating to earned time allowances; to increase the maximum amount of earned time which may be awarded when an inmate does work on an authorized work detail; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Seabaugh of the 28th, Hamrick of the 30th, and Mullis of the 53rd.

WEDNESDAY, APRIL 7, 2004

3753

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1136. By Representatives Lunsford of the 85th, Post 2, Royal of the 140th, Westmoreland of the 86th, Graves of the 10th, Yates of the 85th, Post 1 and others:
A BILL to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; and for other purposes.

Representative Morris of the 120th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1136 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Smith of the 13th, Post 2, Barnes of the 84th, Post 2 and Morris of the 120th.

The Speaker Pro Tem assumed the Chair.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1451. By Representatives Bordeaux of the 125th, Stephens of the 123rd, Stokes of the 72nd and Fleming of the 79th:
A BILL to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to probate court costs, and Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide for premarital counseling; to provide for financial incentive to invest

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JOURNAL OF THE HOUSE
in premarital counseling; to change provisions relating to the contents of the application for a marriage license; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to probate court costs, and Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide for premarital counseling; to provide for financial incentive to invest in premarital counseling; to change provisions relating to the contents of the application for a marriage license; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to probate court costs, is amended by striking paragraph (14) of subsection (k) and inserting new paragraphs (14) and (14.1) to read as follows:
"(14) Application for marriage license if the applicants have completed premarital counseling pursuant to Code Section 19-3-30.1 ........................ 10.00
(14.1) Application for a marriage license if the applicants have not completed marriage counseling pursuant to Code Section 19-3-30.1 ......... 50.00"
SECTION 2. Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, is amended by adding a new Code section to read as follows:
"19-3-30.1. In applying for a marriage license, a man and woman who certify on the application for a marriage license that they have successfully completed a qualifying marriage preparation program shall be charged the fee set forth in paragraph (14) of subsection (k) of Code Section 15-9-60. In order to qualify for this fee schedule, the couple shall have completed instruction involving marital issues, which may include but not be limited to conflict management, communication skills, financial responsibilities, child and parenting responsibilities, and extended family roles. The counseling shall be completed within 12 months prior to the application for a marriage license. The couple shall undergo the counseling together and the counseling shall include at least four hours of instruction. The premarital counseling shall be performed by:

WEDNESDAY, APRIL 7, 2004

3755

(1) A professional counselor, social worker, or marriage and family therapist who is licensed pursuant to Chapter 10A of Title 43; (2) A physician who is licensed pursuant to Chapter 34 of Title 43; (3) A psychologist who is licensed pursuant to Chapter 39 of Title 43; or (4) An active member of the clergy when in the course of his or her service as clergy, or his or her designee, provided said designee is trained and skilled in premarital counseling."
SECTION 3. Said title is further amended by striking subsection (a) of Code Section 19-3-33, relating to the application for the marriage license and its contents, and inserting in lieu thereof the following:
"(a) A marriage license shall be issued on written application therefor, made by only one man and one woman seeking the license, verified by oath of the applicants. The application shall state that there is no legal impediment to the marriage and shall give the full present name of the proposed husband and the full present name of the proposed wife with their dates of birth, their present addresses, and the names of the father and mother of each, if known. If the names of the father or mother of either are unknown, the application shall so state. The application shall state that the persons seeking the license have or have not completed premarital counseling pursuant to Code Section 19-3-30.1. If the application states that the persons seeking the license have completed such premarital counseling, the applicants must submit a signed and dated statement from the person who provided the premarital counseling confirming that it was received."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Bordeaux of the 125th moved that the House agree to the Senate substitute to HB 1451.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague
Benfield Y Birdsong Y Black Y Boggs Y Bordeaux

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas N Drenner Y Dukes N Ehrhart Y Elrod

Y Hill, C.A Hill, V
Y Hines Holmes
Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James
Jamieson

Y Mitchell Y Mobley
Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B
Oliver, M Y O'Neal

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T
Smith, V Y Smyre Y Snow Y Stanley-Turner

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Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Epps Fleming
Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson N Hill, C

Y Jenkins, C Y Jenkins, C.F Y Jones
Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall N McClinton Y Millar Y Mills

Y Orrock Y Parham
Parrish Y Parsons
Porter Y Powell Y Purcell
Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 151, nays 6. The motion prevailed.

Y Stephens, E Y Stephens, R Y Stephenson N Stokes Y Stoner Y Teilhet N Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto:

SB 423. By Senator Henson of the 41st:
A BILL to be entitled an Act to amend Code Section 12-3-193 of the Official Code of Georgia Annotated, relating to the members of the Stone Mountain Memorial Association, so as to provide that one member must be a resident of the Stone Mountain area and one member must have a degree or background in botany; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Representative Henson of the 55th moved that the House recede from its position in amending SB 423.
On the motion, the roll call was ordered and the vote was as follows:

WEDNESDAY, APRIL 7, 2004

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 Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Hill, V
Y Hines Holmes
Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James
Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones
Jordan Y Joyce
Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley
Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B
Oliver, M O'Neal Y Orrock Y Parham Parrish Parsons Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 156, nays 0. The motion was prevailed.

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Y Sholar Y Sims Y Sinkfield
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 Y 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 Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, R Y Wix
Yates Coleman, Speaker

The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:

SB 431. By Senators Kemp of the 46th, Hall of the 22nd, Collins of the 6th, Tolleson of the 18th, Gillis of the 20th and others:

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JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to provide for notification to the members of the General Assembly of the availability of annual reports, budgets, and audits; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend the House substitute to SB 431 by striking "March" on line 1 on page 13 and replace with "April".

Representative Orrock of the 51st moved that the House agree to the Senate amendment to the House substitute to SB 431.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster
Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K
Heath

Y Hill, C.A Y Hill, V Y Hines
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 Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders

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 Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E

Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, APRIL 7, 2004

Y Heckstall Y Hembree Y Henson Y Hill, C

McCall Y McClinton Y Millar Y Mills

Sailor Y Scott Y Shaw Y Sheldon

On the motion the ayes were 163, nays 0. The motion prevailed.

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Y Williams, R Y Wix Y Yates
Coleman, Speaker

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Committee of Conference on the following bill of the Senate:
SB 418. By Senators Unterman of the 45th, Collins of the 6th, Johnson of the 1st, Balfour of the 9th, Lee of the 29th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide for the crime of female genital mutilation; to provide for penalties; to provide for exceptions; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 297. By Senators Seabaugh of the 28th, Hamrick of the 30th, Mullis of the 53rd and Smith of the 52nd:
A BILL to be entitled an Act to amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer and impersonating a law enforcement officer, so as to provide that the offense of fleeing or attempting to elude a police officer shall be a felony; to change the provisions relating to penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate insists on its substitute to the following bill of the House:

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JOURNAL OF THE HOUSE

HB 208. By Representatives Fludd of the 48th, Post 4, Moraitakis of the 42nd, Post 4, Oliver of the 56th, Post 2, Stephenson of the 60th, Post 1, Hill of the 81st and others:
A BILL to amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Property Owners' Association Act," so as to clarify the definition of "lots"; to clarify the definition of "lot owner"; to clarify the definition of "property owners' development"; to clarify enforcement powers; to clarify voting procedures for multiple-owner units; to conform proxy requirements to other provisions of the law; and for other purposes.
The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
HB 984. By Representatives Purcell of the 122nd, Oliver of the 121st, Post 2, Keen of the 146th, Stephens of the 123rd, DeLoach of the 127th and others:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding the designation of counties as less developed areas for purposes of certain income tax credits; to provide for such designation with respect to portions of certain counties; to provide for such designation with respect to tax credits for existing manufacturing and telecommunications facilities or manufacturing or telecommunications support facilities; and for other purposes.
The Senate adheres to its disagreement to the House amendment to the Senate amendment and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the House:
HB 923. By Representatives Heard of the 75th and McBee of the 74th:
A BILL to amend Article 4 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable under the Georgia Judicial Retirement System, so as to provide that a member of such retirement system who is a vested member in a local retirement system and who has not withdrawn his or her contributions shall be entitled to have all of the employer and employee contributions paid by or on behalf of such member transferred to the Georgia Judicial Retirement System; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hudgens of the 47th, Kemp of the 46th, and Hall of the 22nd.

WEDNESDAY, APRIL 7, 2004

3761

Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the Senate were taken up for consideration and read the third time:

SR 858. By Senators Harp of the 16th, Hill of the 4th, Tolleson of the 18th, Johnson of the 1st and Meyer von Bremen of the 12th:
A RESOLUTION authorizing the Governor by executive order to establish local redevelopment commissions for the purpose of developing and directing redevelopment plans in accordance with the "Base Closure Community Redevelopment and Homeless Assistance Act of 1994"; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, 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
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin

Y Hill, C.A Y Hill, V Y Hines
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
Jordan Y Joyce
Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning

Y Mitchell 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 Y Parham
Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J

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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland

3762
Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Harper Y Harrell Y Heard, J Y Heard, K
Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

Y White Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 158, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Jordan of the 83rd 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.

SB 478. By Senators Thomas of the 54th, Hamrick of the 30th, Smith of the 52nd, Unterman of the 45th, Levetan of the 40th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 19 of the O.C.G.A., relating to marriage generally, so as to revise certain provisions relating to application for a marriage license; to revise certain provisions relating to the filing and transmission of application supplement-marriage reports; to amend Chapter 10 of Title 31 of the O.C.G.A., to provide for the establishment of the State Office of Vital Records within the Department of Human Resources; to revise certain powers of the state registrar; to repeal Code Section 31-10-21, relating to record of marriage licenses; to repeal Code Section 31-10-22, to change references to "vital records registration system" to "State Office of Vital Records" throughout Chapter 10 of Title 31; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to revise certain definitions; to provide for the establishment of the State Office of Vital Records within the Department of Human Resources; to revise

WEDNESDAY, APRIL 7, 2004

3763

certain powers of the state registrar; to revise certain provisions relating to registration of births; to require immediate transmittal of a death certificate to the state; to provide for certain changes relating to amendment of certificates or reports; to provide that temporary guardians may receive certified copies of vital records; to revise certain provisions relating to fees for copies and services related to vital records; to change references to "vital records registration system" to "State Office of Vital Records" throughout Chapter 10 of Title 31; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by striking paragraphs (5), (13), and (16) of Code Section 31-10-1, relating to definitions, and inserting in lieu thereof the following, respectively:
"(5) 'File' means the presentation of a vital record provided for in this chapter for registration by the vital records registration system State Office of Vital Records." "(13) 'Registration' means the acceptance by the vital records registration system State Office of Vital Records and the incorporation of vital records provided for in this chapter into its official records the vital records registration system." "(16) 'State registrar' means the person responsible for the State Office of Vital Records and the state vital records registration system, including the registration, collection, preservation, amendment, and certification of vital records."
SECTION 2. Said chapter is further amended by striking Code Section 31-10-2, relating to maintenance and operation of the vital records registration system, and inserting in lieu thereof the following:
"31-10-2. The There is hereby established within the department the State Office of Vital Records which shall maintain and operate the states official vital records registration system. The system shall be in effect in all areas of the state, and the State Office of Vital Records shall provide for proper administration of the system and preservation of its records."
SECTION 3. Said chapter is further amended by striking Code Section 31-10-5, relating to duties and powers of state registrar, and inserting in lieu thereof the following:
"31-10-5. (a) The state registrar shall:
(1) Administer and enforce the provisions of this chapter and the rules and regulations issued under this chapter and issue instructions for the efficient administration of the vital records registration system State Office of Vital Records;

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JOURNAL OF THE HOUSE

(2) Direct and supervise the system of vital records State Office of Vital Records and be custodian of its records; (3) Direct, supervise, and control the activities of all persons when they are engaged in activities pertaining to the operation of the vital records registration system State Office of Vital Records; (4) Conduct training programs to promote uniformity of policy and procedures throughout the state in matters pertaining to the vital records registration system State Office of Vital Records; (5) Prescribe, furnish, and distribute such forms as are required by this chapter and the rules and regulations issued under this chapter or prescribe such other means for transmission of data as will accomplish the purpose of complete and accurate reporting and registration; (6) Prepare and publish reports of vital statistics of this state and such other reports as may be required by the department; and (7) Provide to local health agencies copies of or data derived from certificates and reports required under this chapter, as the state registrar shall determine are necessary for local health planning and program activities. The state registrar shall establish a schedule with each local health agency for transmittal of the copies or data. The copies or data shall remain the property of the department, and the uses which may be made of them shall be governed by the state registrar. (b) The state registrar may establish or designate offices in the state to aid in the efficient administration of the vital records registration system State Office of Vital Records. (c) The state registrar may delegate such functions and duties vested in the state registrar to employees of the vital records registration system State Office of Vital Records and to employees of any office established or designated under subsection (b) of this Code section."
SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 31-10-6, relating to local registrars, local custodians, special abstracting agents, and duties, and inserting in lieu thereof the following:
"(a) The state registrar may appoint a local registrar and local custodian for each county and a special abstracting agent as necessary. Appointees must meet the qualifications and perform the duties required by this chapter and regulations of the department. The state registrar may appoint local deputy registrars as necessary. A local registrar, subject to the approval of the state registrar, may appoint a deputy or deputies. A local custodian, subject to the approval of the state registrar, may appoint a clerk or clerks of records."
SECTION 5. Said chapter is further amended by striking Code Section 31-10-9, relating to registration of births, and inserting in lieu thereof the following:

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"31-10-9. (a) A certificate of birth for each live birth which occurs in this state shall be filed with the local registrar of the county in which the birth occurs State Office of Vital Records within ten five days after such birth and filed in accordance with this Code section and regulations of the department. (b) When a birth occurs in an institution or enroute thereto, the person in charge of such institution or that persons designated representative shall obtain the personal data, prepare the birth certificate, secure the signatures required for the certificate, and file it with the local registrar certify that the child was born alive at the place and time and on the date stated either by signature or by an electronic process established or approved by the State Office of Vital Records, and file the certificate with the State Office of Vital Records. The physician or other person in attendance shall certify to the facts of birth and provide the medical information required by the certificate within 72 hours after the birth occurs. If the physician in attendance does not certify to the facts of birth within the 72 hour period, the person in charge of the institution or that persons designated representative shall complete and sign the certificate. (c) Except as provided in subsection (b) of this Code section, when a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority:
(1) The physician or certified nurse midwife in attendance at or immediately after the birth, or in the absence of such person; (2) Any other person in attendance at or immediately after the birth, or in the absence of such a person; (3) The father, the mother, or in the absence of the father and inability of the mother, the person in charge of the premises where the birth occurred. (d) When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this state, the birth shall be registered in this state and the place where it is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance while in international waters or airspace or in a foreign country or its airspace and the child is first removed from the conveyance in this state, the birth shall be registered in this state but the certificate shall show the actual place of birth insofar as can be determined. (e) The name of the natural father or putative father shall be entered on the certificate of live birth as follows: (1) If the mother was married either at the time of conception or at the time of birth, the name of the husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a court having jurisdiction, in which case the name of the father as determined by the court shall be entered; (2) If the mother is not married to the father at either the time of conception or at the time of birth, the name of the putative father shall not be entered on the certificate of birth without the written consent of the mother and the person to be named as father;

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(3) In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father and the surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court; (4) If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate; or (5) Except as provided in paragraph (3) of this subsection, in In all other cases, the surname of the child shall be the legal surname of the mother at the time of the birth entered on the certificate as designated by the mother. When a paternity acknowledgment is completed, the surname of the child shall be entered as designated by both parents. (f) The birth certificate of a child born to a married woman as a result of artificial insemination, with consent of her husband, shall be completed in accordance with the provisions of subsection (e) of this Code section. (g) Either of the parents of the child, or other informant, shall attest to verify the accuracy of the personal data entered on the certificate in time to permit the filing of the certificate within the ten days time period prescribed in subsection (a) of this Code section. (h) All birth certificates filed and registered must identify the recorded person by name and the name of each legal parent of such person and the name of all other persons required by this Code section or by regulation. No obscenities, numbers, symbols, or other such nonidentifying name information will be accepted. If a legal parent has not decided upon a first or middle name for the child before the time limits established in this Code section, the birth record shall be registered without the childs first or middle name, or both, unless a court order provides otherwise."
SECTION 6. Said chapter is further amended by striking subsections (c) and (d) of Code Section 3110-15, relating to death certificates, and inserting in lieu thereof the following:
"(c) The medical certification as to the cause and circumstances of death shall be completed, signed, and returned to the funeral director or person acting as such within 72 hours after death by the physician in charge of the patients care for the illness or condition which resulted in death, except when inquiry is required by the 'Georgia Postmortem Examination Act.' Article 2 of Chapter 16 of Title 45, the 'Georgia Death Investigation Act.' In the absence of said physician or with that physicians approval the certificate may be completed and signed by an associate physician, the chief medical officer of the institution in which death occurred, or the physician who performed an autopsy upon the decedent, provided that such individual has access to the medical history of the case, views the deceased at or after death, and death is due to natural causes. (d) When death occurs without medical attendance as set forth in subsection (c) of this Code section or when inquiry is required by the 'Georgia Post-mortem Examination Act,' Article 2 of Chapter 16 of Title 45, the 'Georgia Death Investigation Act,' the proper person shall investigate the cause of death and shall complete and sign the

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medical certification portion of the death certificate within 30 days after being notified of the death."
SECTION 7. Said chapter is further amended by striking Code Section 31-10-17, relating to state registration of death certificates and certified copies, and inserting in lieu thereof the following:
"31-10-17. (a) When a death certificate is filed with a local registrar, it shall be transmitted to the vital records registration system State Office of Vital Records for state registration within ten days of immediately upon receipt. After registration and the assignment of a state file number, an authorized copy of the death certificate shall be returned to the local custodian. Certified copies of such death certificates may then be issued from the authorized copy by the local custodian. (b) After a death certificate is filed with a local registrar, but before the death certificate has been registered by the vital records registration system State Office of Vital Records, the local custodian shall be authorized to issue copies of the death certificate to be known as a 'certificate of record.' Each certificate of record shall have printed thereon the following: 'This is an exact copy of the death certificate received for filing in ______________ County.' Such certificate of record shall be signed by the local custodian and have the correct seal affixed thereto."
SECTION 8. Said chapter is further amended by striking Code Section 31-10-23, relating to amendment of certificates or reports, and inserting in lieu thereof the following:
"31-10-23. (a) Unless otherwise specified by law, a certificate or report registered under this chapter may be amended in accordance with this chapter and regulations adopted by the department to protect the integrity and accuracy of vital records. Such regulations shall specify the minimum evidence required for a change in any certificate or report. Amendments to birth certificates, death certificates, and application supplementmarriage reports shall be completed by the department and a copy mailed to the proper local custodian, if any. Amendments to applications for a marriage license or the license shall be completed by the judge of the probate court of the county in which the license was issued. An amendment to divorce reports shall be completed by the clerk of the superior court of the county in which the decree was granted. (b) A certificate or report that is amended under this Code section shall be marked 'amended,' except as otherwise provided in this Code section. The date of amendment and a summary description of the evidence submitted in support of the amendment shall be endorsed on or made a part of the record. The department shall prescribe by regulation the conditions under which additions or minor corrections may be made to certificates or records within one year after the date of the event without the certificate or record being marked 'amended.'

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(c)(1) Upon receipt of a certified copy of an order to legitimate a child, or an affidavit signed by the natural parents whose marriage had legitimated a child, the director shall register a new birth certificate if paternity was not shown on the original certificate. Such certificate shall not be marked 'amended.' (2) If paternity was shown on the original certificate, the record can be changed only by an order from the superior court a court of competent jurisdiction or the Office of State Administrative Hearings to remove the name of the person shown on the certificate as the father and to add the name of the natural father and to show the child as the legitimate child of the person so named. The order must specify the name to be removed and the name to be added. (d) Upon receipt of a certified copy of an order from a superior court, probate court, or other court of competent jurisdiction changing the name of a person born in this state and upon request of such person or such persons parents, guardian, temporary guardian, or legal representative, the state registrar shall amend the certificate of birth to show the new name. When the names of the parent or parents and the child are changed, the state registrar may register a new certificate if requested by the parents, guardian, temporary guardian, or legal representative. Such new certificate shall be marked 'amended.' (e) Upon receipt of a certified copy of a court order indicating the sex of an individual born in this state has been changed by surgical procedure and that such individuals name has been changed, the certificate of birth of such individual shall be amended as prescribed by regulation. (f) An order from a superior court or probate court shall be required to change the year of birth shown on the original birth certificate by more than one year or to correct any item on a delayed birth certificate, or to remove the name of a father from a birth certificate on file. The person seeking such change, correction, or removal shall institute the proceeding by filing a petition with the appropriate court in the county of residence for an order changing the year of birth, correcting a delayed birth certificate, or removing the name of the father from a birth certificate on file. Such petition shall set forth the reasons therefor and shall be accompanied by all available documentary evidence. The court shall set a date for hearing the petition and shall give the state registrar at least ten days notice of said hearing. The state registrar or the authorized representative thereof may appear and testify in the proceeding. If the court from the evidence presented finds that such change, correction, or removal should be made, the judge shall issue an order setting out the change to be made and the date of the courts action. The clerk of such court shall forward the petition and order to the state registrar not later than the tenth day of the calendar month following the month in which said order was entered. Such order shall be registered by the state registrar and the change so ordered shall be made. (g) When an applicant does not submit the minimum documentation required in the regulations for amending a vital record or when the state registrar has reasonable cause to question the validity or adequacy of the applicants sworn statements or the documentary evidence and if the deficiencies are not corrected, the state registrar shall

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not amend the vital record and shall advise the applicant of the reason for this action and shall further advise the applicant of the right of judicial appeal. (h) When a certificate or report is amended under this Code section, the state registrar shall report the amendment to the proper local custodian and their record shall be amended accordingly."
SECTION 9. Said chapter is further amended by striking subsection (a) of Code Section 31-10-26, relating to certified copies of vital records, and inserting in lieu thereof the following:
"(a) In accordance with Code Section 31-10-25 and the regulations adopted pursuant thereto:
(1) The state registrar or local custodian of vital records appointed by the state registrar to issue certified copies upon receipt of a written application shall issue a certified copy of a vital record in that registrars or custodians custody or abstract thereof to any applicant having a direct and tangible interest in the vital record, except that certified copies of certificates shall only be issued to:
(A) The person whose record of birth is registered; (B) Either parent, or guardian, or temporary guardian of the person whose record of birth or death is registered; (C) The living legal spouse or next of kin or the legal representative or the person who in good faith has applied and produced a record of such application to become the legal representative of the person whose record of birth or death is registered; (D) The court of competent jurisdiction upon its order or subpoena; or (E) Any governmental agency, state or federal, provided that such certificate shall be needed for official purposes. (2) Each certified copy issued shall show the date of registration and copies issued from records marked 'delayed' or 'amended' shall be similarly marked and show the effective date. The documentary evidence used to establish a delayed certificate of birth shall be shown on all copies issued. All forms and procedures used in the issuance of certified copies of vital records in the state shall be provided or approved by the state registrar."
SECTION 10. Said chapter is further amended by striking Code Section 31-10-27, relating to fees for copies or services, and inserting in lieu thereof the following:
"31-10-27. (a) The department shall prescribe the uniform fees to be paid to the State Office of Vital Records, local registrars, and local custodians for certified copies of certificates or records, for a search of the files or records, for copies or information provided for research, statistical, or administrative purposes, or for other services. The fee for each search or service, shall not exceed $10.00 nor shall the fee for a certified copy of said certificate, record, and certification exceed the total sum of $10.00 certified copy, or record shall be determined by the board.

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(b) Fees collected by the department under this Code section shall be deposited in the general funds of the state. (c) Fees for copies or searches by local custodians of vital records shall be retained by them whether the local custodian is paid on a fee basis, a salary basis, or a combination of both, except in counties where the local custodian of vital records is an employee of the county board of health, in which case said fees shall be remitted monthly to the county health department."
SECTION 11. Said chapter is further amended by striking from the following Code sections the words "vital records registration system" wherever the same shall occur and inserting in lieu thereof the words "State Office of Vital Records":
(1) Code Section 31-10-6, relating to local registrars, local custodians, and special abstracting agents; (2) Code Section 31-10-10, relating to registration of live born infants of unknown parentage; (3) Code Section 31-10-12, relating to judicial procedure to establish facts of birth; (4) Code Section 31-10-24, relating to preservation or disposition of vital records; and (5) Code Section 31-10-31, relating to penalties for making false statements in records and for other violations.
SECTION 12. This Act shall become effective July 1, 2004.
SECTION 13. 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
Birdsong Y Black

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas
Drenner Dukes

Y Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T
Smith, V Smyre

Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Ehrhart Y Elrod Y Epps Y Fleming
Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T
Greene Y Greene-Johnson Y Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K
Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Keen Y Knox Y Lane Y Lewis Y Lord Lucas Lunsford Y Maddox Y Mangham Y Manning Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Millar Y Mills

Y Oliver, M Y O'Neal Y Orrock Y Parham
Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

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Y Snow Y Stanley-Turner
Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson 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 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 1766. By Representatives James of the 114th, Ray of the 108th, Williams of the 128th, Mosley of the 129th, Post 1, Black of the 144th and others:
A BILL to create the Aquaculture Division within the Department of Agriculture and provide for its powers and duties; to create the Aquaculture Development Advisory Council and provide for its powers and duties; to amend reserved Chapter 15 of Title 2 of the Official Code of Georgia

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Annotated, so as to strike the reserved designation; to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated; to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated; to amend Title 2 of the Official Code of Georgia Annotated; to amend Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated; to amend Title 27 of the Official Code of Georgia Annotated; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Bulloch of the 11th, Unterman of the 45th, and Hudgens of the 47th.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 1136. By Representatives Lunsford of the 85th, Post 2, Royal of the 140th, Westmoreland of the 86th, Graves of the 10th, Yates of the 85th, Post 1 and others:
A BILL to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Williams of the 19th, Cheeks of the 23rd and Crotts of the 17th.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
SB 514. By Senators Cagle of the 49th, Starr of the 44th and Lee of the 29th:
A BILL to be entitled an Act to amend Code Section 50-17-23 of the Official Code of Georgia Annotated, relating to general obligation and guaranteed revenue debts, so as to authorize the issuance of general obligation bonds bearing interest at variable rates; to provide for procedures, conditions, and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Cagle of the 49th, Lee of the 29th, and Starr of the 44th.
The Senate has agreed to the House substitute to the following bills of the Senate:

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SB 147. By Senators Adelman of the 42nd, Collins of the 6th, Stokes of the 43rd, Unterman of the 45th, Stephens of the 51st and others:
A BILL to be entitled an Act to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to provide for penalties for disclosing, publishing, or disseminating the location of a family violence shelter; to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to require telephone companies to file plans with the Georgia Public Service Commission to provide for the confidentiality of family violence shelter locations; to provide for review of such plans; to provide for sanctions for the failure to file such plans; to provide a short title; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 347. By Senators Meyer von Bremen of the 12th and Adelman of the 42nd:
A BILL to be entitled an Act to amend Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to exemptions from levy and sale, so as to provide a reciprocal exemption for a judgment debtor resident in this state as against a judgment creditor resident in another state; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 541. By Senators Smith of the 52nd, Gillis of the 20th, Mullis of the 53rd and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that certain applications for resident hunting, fishing, or trapping licenses shall also serve as applications for voter registration; to provide for procedures and administration related thereto; to change certain provisions relating to application for registration; to repeal conflicting laws; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following bill of the House:
HB 239. By Representatives Lunsford of the 85th, Post 2, Westmoreland of the 86th, Campbell of the 39th, Keen of the 146th and Maddox of the 59th, Post 2:
A BILL to amend Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to inmate records and earned time allowances in county correctional facilities, so as to change provisions relating to earned time allowances; to increase the maximum amount of earned time which may be

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awarded when an inmate does work on an authorized work detail; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following resolution of the House:
HR 591. By Representatives Mobley of the 58th, Watson of the 60th, Post 2, Maddox of the 59th, Post 2, Stephenson of the 60th, Post 1, Oliver of the 56th, Post 2 and others:
A RESOLUTION designating the Judge Jim Weeks Intersection; and for other purposes.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
SB 148. By Senators Squires of the 5th and Clay of the 37th:
A BILL to be entitled an Act to amend Part 6 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to deprivation, so as to change and reorganize provisions relating to allegedly deprived children; to provide for related matters; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Lee of the 29th, Tolleson of the 18th, and Hall of the 22nd.

The following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
SB 497. By Senators Reed of the 35th, Tanksley of the 32nd, Zamarripa of the 36th, Price of the 56th, Thomas of the 10th and others:
A BILL to repeal an Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, approved April 4, 1996 (Ga. L. 1996, p. 627), as amended; to abolish such courts created pursuant to such Act; to provide for the transfer of cases and matters pending in such courts on the effective date of this Act; to provide for the transfer of records, books, minutes, files, and documents; to provide an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, APRIL 7, 2004 The following Committee substitute was read and withdrawn:

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A BILL
To repeal an Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, approved April 4, 1996 (Ga. L. 1996, p. 627), as amended; to abolish such courts created pursuant to such Act; to provide for the transfer of cases and matters pending in such courts on the effective date of this Act; to provide for the transfer of records, books, minutes, files, and documents; to provide for the transfer of certain positions in such courts on the effective date of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, approved April 4, 1996 (Ga. L. 1996, p. 627), as amended, is repealed in its entirety and such courts created pursuant to such Act are abolished.
SECTION 2. On the effective date of this Act, all cases and matters pending in any court abolished by Section 1 of this Act shall be transferred to the municipal court of the city in which such abolished court was located. The chief judge of such municipal court shall then transfer those cases over which the municipal court does not have jurisdiction to the appropriate court. All records, books, minutes, files, and documents relating to such cases or prior cases of the city court shall be likewise transferred. This Act shall be applicable only with an executed intergovernmental agreement between all affected jurisdictions.
SECTION 3. On the effective date of this Act, each judge of a court abolished by Section 1 of this Act shall become a judge in the municipal court of the city in which such abolished court was located and shall be subject to retention until the expiration of the judges current term of office and thereafter shall be considered an appointed municipal court judge and shall serve until not retained by a vote of city electors as provided in the charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended. On the effective date of this Act, each judge pro hac vice of a court abolished by Section 1 of this Act shall become a judge pro hac vice in the municipal court of the city in which such abolished court was located and shall retain such position until at least December 31,

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2010. This Act shall be applicable only with an executed intergovernmental agreement between all affected jurisdictions.
SECTION 4. This Act shall become effective on January 1, 2005.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Willard of the 40th, was read:

A BILL
To repeal an Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, approved April 4, 1996 (Ga. L. 1996, p. 627), as amended; to abolish such courts created pursuant to such Act; to provide for the transfer of cases and matters pending in such courts on the effective date of this Act; to provide for the transfer of records, books, minutes, files, and documents; to provide for the transfer of certain positions in such courts on the effective date of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, approved April 4, 1996 (Ga. L. 1996, p. 627), as amended, is repealed in its entirety and such courts created pursuant to such Act are abolished.
SECTION 2. On the effective date of this Act, all cases and matters pending in any court abolished by Section 1 of this Act shall be transferred to the municipal court of the city in which such abolished court was located. The chief judge of such municipal court shall then transfer those cases over which the municipal court does not have jurisdiction to the appropriate court. All records, books, minutes, files, and documents relating to such cases or prior cases of the city court shall be likewise transferred. This Act shall be applicable only with an executed intergovernmental agreement between all affected jurisdictions.

WEDNESDAY, APRIL 7, 2004

3777

SECTION 3. On the effective date of this Act, each judge of a court abolished by Section 1 of this Act shall become a judge in the municipal court of the city in which such abolished court was located and shall be subject to retention until the expiration of the judges current term of office. On the effective date of this Act, each judge pro hac vice of a court abolished by Section 1 of this Act shall become a judge pro hac vice in the municipal court of the city in which such abolished court was located and shall retain such position until at least December 31, 2010.
SECTION 4. This Act shall become effective on January 1, 2005.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Willard of the 40th moves to amend the Floor substitute to SB 497 as follows:
Page 2, line 5, after vice, add "or senior judge.

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute, as amended.

On the passage of the Bill, by substitute, as amended, 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 Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M
O'Neal

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

3778
Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin
Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C
Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

Y Stephens, E Y Stephens, R Y 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 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, as amended, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 1414. By Representatives Bannister of the 70th, Post 1, Parsons of the 29th, Mitchell of the 61st, Post 3, Heard of the 70th, Post 3, Massey of the 24th and others:
A BILL to amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to the use of proceeds from the special purpose 1 percent sales and use tax, so as to require annual publication of certain audit information; and for other purposes.

The following Senate amendment was read:

WEDNESDAY, APRIL 7, 2004

3779

The Senate moves to amend HB 1414 by striking lines 4 and 5 on page 2 and inserting in lieu thereof the following:
"This Act shall become effective on July 1, 2004."

The following amendment was read and adopted:

Representative Sinkfield of the 50th et al. move to amend the Senate amendment to HB 1414 by striking lines 2 through 4 of page 1 and inserting in their place the following:
"Amend HB 1414 by striking line 1 of page 1 through line 7 of page 2 and inserting in their place the following: 'To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income exclusions and tax credits with respect to individual development accounts; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the commissioner of community affairs with respect to the foregoing; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for the comprehensive regulation of individual development accounts and programs; to provide for definitions; to provide for procedures, conditions, and limitations with respect to the creation and operation of such accounts; to provide for powers, duties, and authority of the department; to provide for powers, duties, and authority of certain fiduciary organizations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by adding a new Code section immediately following Code Section 48-7-29.8 to be designated as Code Section 48-7-29.9, to read as follows:
'48-7-29.9. (a) There shall be allowed to each charitable donor making a contribution to a reserve account on behalf of an individual development account program pursuant to Article 7 of Chapter 8 of Title 50 an income tax credit with respect to the income taxes imposed under this chapter in an amount equal to 50 percent of the total monetary contribution paid during such income tax year by a charitable donor to the reserve account on behalf of an individual development account program or owner in this state.

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(b) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayers income tax liability. Any unused tax credit shall be carried forward for up to five taxable years to apply to the charitable donors succeeding years tax liability. No such tax credit shall be allowed the charitable donor against prior years tax liability. (c) The commissioner shall allow the commissioner of community affairs and the fiduciary organization administering the individual development account program to allocate the available credit among the charitable donors. In no event shall the aggregate amount of credits allocated and allowed to taxpayers in any taxable year exceed $4 million. Once the credit ceiling of $4 million is reached, no further tax credits will be allocated and allowed under this Code section for that year. (d) All claims for the credit provided by subsection (a) of this Code section shall be accompanied by a certificate approved by the Department of Community Affairs and any fiduciary organization administering the individual development accounts, verifying the amount of credit allocated. (e) Moneys withdrawn by the taxpayer from an individual development account for an approved purpose, as described in Code Section 50-8-170, are excluded from the tax imposed under this chapter. A withdrawal by a taxpayer for a purpose other than such an approved purpose shall not be allowed the exclusion under this subsection. (f) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section.'
SECTION 2. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by striking Article 7, which is reserved, and inserting in its place a new Article 7 to read as follows:
'ARTICLE 7
50-8-170. (a) As used in this article, the term:
(1) "Charitable donor" means a person, business, or corporation who contributes to the reserve account for the purposes of individual development account programs in this state. (2) "Eligible individual or family member" means one whose household income is equal to or less than 80 percent of the median household income for the area or less than 200 percent of the federal poverty guidelines, whichever is greater, who enters into an agreement developed with a fiduciary organization for the establishment of an individual development account. The agreement must provide for the amount of savings deposits, the matching rate, the asset goal, and the financial literacy education classes to be completed, additional training specific to the asset, and financial counseling the individual will attend, as well as other services designed to increase the

WEDNESDAY, APRIL 7, 2004

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financial independence of the person through achievement of the accounts approved purpose and such other situations specified by rules and regulations of the department. (3) "Fiduciary organization" means any nonprofit fundraising organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, as amended; any community development financial institution certified by the Community Development Financial Institution Fund; any credit union chartered under federal or state law; or any Indian tribe as defined in Section 4(12) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. Section 4103(12)), and includes any tribal subsidiary, subdivision, or other wholly owned tribal entity. (4) "Financial institution" means a bank, trust company, savings bank, building and loan association, savings and loan company or association, credit union, or any financial institution approved by the department. (5) "Individual development account" means an account established for an eligible individual or family member as part of a qualified individual development account program by an agreement, with the following requirements:
(A) The owner of the funds in the individual development account is the individual or family member for whom the account was created; (B) The holder of the account is a qualified financial institution; (C) The assets of the account will not be commingled with other property except in a common trust fund or common investment fund; and (D) Any amount in the account will be paid out only for the purpose of paying the qualified purposes of the account owner, except if it meets the qualifications of an emergency use. (6) "Lead fiduciary organization" means a fiduciary organization that has been selected by the department to administer all or a portion of the departments responsibilities under this article. (7) "Qualified purposes" means using the account owners accumulated savings and matching funds for any of the following: (A) Securing postsecondary education, including, but not limited to, community college courses, courses at a four-year college or university, 529 college plans, or postcollege or graduate courses for the account owner or any member of the account owners family; (B) Securing postsecondary occupational training, including, but not limited to, vocational or trade school training for the account owner or any member of the account owners family; (C) Purchasing a home for a primary residence; and (D) Business capitalization. (8) "Reserve account" means a separate account for all matching funds and earnings dedicated to individual development account owners, the sole holder of which is a qualified financial institution, a qualified fiduciary organization, or an Indian tribe.

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50-8-171. Once the account owner has saved for a minimum of six months, reached his or her savings goal, and fulfilled all financial literacy education components, the account owners savings will be matched and the total amount will be transferred from the reserve account directly to the vendor or service provider through whom the account owner is paying for a qualified purpose.
50-8-172. (a) If an emergency occurs, an account owner may withdraw all or part of the account owners deposits to an individual development account with the approval of the fiduciary organization. (b) The account owner must reimburse his or her individual development account for the amount withdrawn under this Code section within 12 months after the date of the withdrawal. Until the timely reimbursement has been made in full, an account owner may not withdraw any matching funds or accrued interest on matching funds from the reserve account. Upon a failure of an account owner to make a timely reimbursement to the individual development account, matching funds shall be forfeited. (c) If an account owner withdraws moneys from an individual development account for other than a qualified purpose, the fiduciary organization may remove the account owner from the program. (d) Before becoming eligible to draw down matching funds to pay for qualified purposes, individual development account owners must complete a financial literacy education course offered by a qualified financial institution, a qualified fiduciary organization, an Indian tribe, or a government entity. (e) In no event shall the charitable donor be able to designate an individual development account owner with whom the charitable donor shares a financial or familial relationship.
50-8-173. Deposits to individual development accounts made by the account owner shall not exceed the amount specified in the administrative rules established by the department and must come from earned income, including, but not limited to, child support payments, supplemental security income payments, disability benefits, community service under temporary assistance to needy families, and job training program stipends or such other sources as specified by the department.
50-8-174. The department may select fiduciary organizations, including a lead fiduciary organization, through competitive processes. In making the selections, the department may consider factors including, but not limited to:
(1) The ability of the fiduciary organization to implement and administer the individual development account program, including the ability to verify account

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owner eligibility, certify that matching funds are used only for qualified purposes, and exercise general fiscal accountability; (2) The capacity of the fiduciary organization to provide or raise matching funds for the deposits of account owners; (3) The capacity of the fiduciary organization to provide financial counseling, financial literacy education and training specific to the assets the account owners will be purchasing, and other related services to account owners; (4) The links the fiduciary organization has to other activities and programs designed to increase the independence of this states low-income households and individuals through education and training, home ownership, small business capitalization, and other asset building programs; and (5) The feasibility of the fiduciary organizations program design, including matching rates and savings goals, to lead to asset purchase.
50-8-175. Subject to department rules, a fiduciary organization has sole authority over, and responsibility for, the administration of individual development accounts. The responsibility of the fiduciary organization extends to all aspects of the account program, including marketing to eligible individuals and families, soliciting matching funds, counseling account owners, providing financial literacy education, and conducting required verification and compliance activities. The fiduciary organization may establish program provisions as the organization believes necessary to ensure account owner compliance with this article:
(1) A fiduciary organization may act in partnership with other entities, including businesses, government agencies, nonprofit organizations, community development corporations, community action programs, housing authorities, and congregations to assist in the fulfillment of fiduciary organization responsibilities under this article; (2) A fiduciary organization may use a reasonable portion of moneys as defined by the department allocated to the reserve account for administration, operation, and research and evaluation purposes, including, but not limited to, the purchase of data collection software such as management information system for individual development accounts; and (3) A fiduciary organization selected to administer moneys directed by the state to individual development account purposes or receiving tax deductible contributions may provide the department with an annual report based on regularly collected data of the fiduciary organizations individual development account program activity. The report may be filed no later than 90 days after the end of the fiscal year of the fiduciary organization. The report may include, but is not limited to:
(A) The number of individual development accounts administered by the fiduciary organization; (B) The amount of deposits and matching funds for each account; (C) The number of withdrawals made and purposes for withdrawals; and

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(D) Any other information the department may require for the purpose of making a return on investment analysis.
50-8-176. (a) Financial institutions holding individual development accounts may at a minimum:
(1) Keep the account in the name of the account owner; (2) Permit deposits to be made in the account; and (3) Require the account to earn a specified minimum market rate of return. (b) Financial institutions holding individual development accounts may maintain the individual development accounts without charging fees for such accounts.
50-8-177. An account owners savings and matching funds shall not affect his or her eligibility for any means tested public benefits, including, but not limited to, Medicaid, state childrens health insurance programs, temporary assistance to needy families, food stamps, supplemental security income, or government subsidized foster care and adoption payments, child care, or housing payments.
50-8-178. (a) A fiduciary organization selected under this article may qualify as the recipient of donations made by charitable donors that qualify the donor for a tax credit under Code Section 48-7-29.9 so long as the fiduciary organization holds the matching funds it receives in a reserve account. (b) If federal funds under 42 U.S.C. Section 604, or other similar funds requiring a match by the grant recipient, are available to be matched using the reserve account moneys, then the amount necessary for that match may be placed in a separate reserve account that meets the requirements to draw down the federal funds under 42 U.S.C. Section 604 or other funds. (c) If an account owner is in violation of Code Section 50-8-172, then all matching funds accrued and the interest on matching funds shall revert to the fiduciary organization. (d) The department may seek cooperation from other state departments to fund the reserve account.
50-8-179. The department may make all reasonable and necessary rules to ensure the fiduciary organizations compliance with this article.'
SECTION 3. This Act shall become effective on January 1, 2005, and shall be applicable to all taxable years beginning on or after that date.

WEDNESDAY, APRIL 7, 2004
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.'"

3785

Representative Sinkfield of the 50th moved that the House agree to the Senate amendment, as amended by the House, to HB 1414.

On the motion, 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 Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson
Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner
Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner E Harbin
Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Hill, C.A 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 Y Jones Y Jordan Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock
Parham Parrish Y Parsons Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Rogers, Ch. Y Royal Y Rynders Sailor Y Scott 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 Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 Westmoreland
White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the motion, the ayes were 156, nays 0. The motion prevailed.

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HB 666. By Representative Lord of the 103rd:
A BILL to amend Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to requirement of audits, so as to change the amount of annual expenditures of local governments requiring annual audits; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend HB 666 by striking lines 1 and 2 on page 1 and inserting in lieu thereof the following:
"To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to exempt certain officials from the definition of local government for the purpose of service delivery strategies; to change the amount of annual expenditures of local".
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively, and striking lines 7 and 8 on page 1 and inserting in lieu thereof the following:
"Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking paragraph (5.2) of Code Section 36-70-2, relating to definitions concerning service delivery by counties and municipalities, and inserting in lieu thereof a new paragraph (5.2) to read as follows:
'(5.2) "Local government" means any county as defined in paragraph (3) of this Code section or any municipality as defined in paragraph (7) of this Code section. The term does not include any school district of this state nor any sheriff, clerk of the superior court, judge of the probate court, or tax commissioner or the office, personnel, or services provided by such elected officials.'
SECTION 2. Said title is further amended by striking subsection (a) of Code Section 36-81-7, relating to the requirement of audits, and inserting in lieu thereof a new subsection".

Representative Lord of the 103rd moved that the House agree to the Senate amendment to HB 666.
On the motion, the roll call was ordered and the vote was as follows:

WEDNESDAY, APRIL 7, 2004

Y Amerson Y Anderson Y Ashe
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 Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix
Dodson Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y 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 Harbin Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard
Howell Y Hudson Y Hugley Y Jackson Y James
Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley
Moraitakis Morris Y Mosby Y Mosley Murphy, J Y Murphy, Q Y Noel Y Oliver, B Oliver, M Y O'Neal Y Orrock Y Parham Parrish Parsons Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 154, nays 2. The motion prevailed.

3787
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 Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

Representative Dollar of the 31st 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.

The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

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HB 1359. By Representatives Thomas Morgan of the 33rd, Post 2, Dean of the 49th, Wix of the 33rd, Post 1 and Powell of the 23rd:
A BILL to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to provide that a barber shop may employ apprentice barbers, each of whom must be under the supervision of a separate master barber; and for other purposes.

Representative Thomas of the 33rd, Post 2 moved that the House insist on its position in disagreeing to the Senate substitute to HB 1359 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Thomas of the 33rd, Post 2, Powell of the 23rd and Jamieson of the 22nd.

HB 1335. By Representatives Boggs of the 145th, Greene of the 134th, Crawford of the 91st and Walker of the 115th:
A BILL to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment for crimes, so as to provide that the superior court sentence review panel shall be required to provide an opinion or memorandum of decision when a sentence is reduced; to clarify sentences subject to review; and for other purposes.

Representative Boggs of the 145th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1335 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:

WEDNESDAY, APRIL 7, 2004

3789

Representatives Boggs of the 145th, Jenkins of the 93rd and Moraitakis of the 42nd, Post 4.

The Speaker assumed the Chair.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1086. By Representative Powell of the 23rd:
A BILL to amend Code Section 45-11-8 of the Official Code of Georgia Annotated, relating to engaging in the bail bond business, so as to allow persons engaged in the bail bond business to become an elected official for certain local offices; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Code Section 45-11-8 of the Official Code of Georgia Annotated, relating to engaging in the bail bond business, so as to allow persons engaged in the bail bond business to become an elected official for certain local offices; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 45-11-8 of the Official Code of Georgia Annotated, relating to engaging in the bail bond business, is amended by striking the Code section and inserting in lieu thereof the following:
"45-11-8. (a) It shall be unlawful for any elected official, officer of the court, law enforcement officer, or attorney in this state to engage either directly or indirectly in the bail bond business. For purposes of this Code section, 'elected official' shall not include persons who are elected to the local school board; provided, however, that any such person shall not be allowed to participate in the operation of a bail bond business within the jurisdiction of the office to which he or she is elected. (b) Any person who violates this Code section shall be guilty of a misdemeanor."

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JOURNAL OF THE HOUSE

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Powell of the 23rd moved that the House agree to the Senate substitute to HB 1086.

On the motion, the roll call was ordered and the vote was as follows:

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 Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford
Cummings

Day Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Dukes Y Ehrhart Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Hanner E Harbin Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y 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 E Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis
Lord Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Maxwell Y McBee Y McCall Y McClinton Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M
O'Neal Orrock Y Parham Y Parrish Y Parsons Porter Y Powell Y Purcell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Sailor Y Scott Y Shaw Y Sheldon

Sholar Y Sims
Sinkfield Skipper Y Smith, B Y Smith, L Smith, P Y Smith, T Y Smith, V Y Smyre Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Thomas, A.M Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson 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 motion, the ayes were 148, nays 0. The motion prevailed.

WEDNESDAY, APRIL 7, 2004

3791

Representative Forster of the 3rd, Post 1 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 Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 583 Do Pass SB 587 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

By unanimous consent, the following Bills of the Senate were taken up for consideration and read the third time:

SB 583. By Senators Hamrick of the 30th, Reed of the 35th and Thompson of the 33rd:
A BILL to be entitled an Act to amend an Act creating the State Court of Douglas County, approved April 1, 1999 (Ga. L. 1999, p. 3606), so as to provide for an additional fee for each civil action filed; to provide that such fee shall be used for a certain purpose; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE

SB 587. By Senators Hudgens of the 47th and Cagle of the 49th:
A BILL to be entitled an Act to amend an Act creating a board of education of Madison County, approved March 24, 1988 (Ga. L. 1988, p. 4698), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4421), so as to make technical changes in said 2002 amendatory Act; to revise the numbering of the education districts in such amendatory act; to ratify and confirm, to the maximum extent possible, any election previously held under the provisions of such amendatory Act; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendment thereto:

HB 1568. By Representative Mitchell of the 61st, Post 3:
A BILL to amend Code Section 37-2-6.1 of the Official Code of Georgia Annotated, relating to program director, staff, budget, facilities, powers and duties, and exemption from taxation of community service boards, so as to provide that no community service board shall employ any person who is receiving a retirement benefit from the Employees' Retirement System of Georgia except in compliance with the provisions of Code Section 47-2-110; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend HB 1568 by inserting on line 5 of page 1, following the Code section designation and symbol "47-2-110;", the following:
"to provide an effective date;".

WEDNESDAY, APRIL 7, 2004 By inserting immediately following line 17 of page 1 the following:
"This Act shall become effective on July 1, 2005. SECTION 3."

3793

Representative Mitchell of the 61st, Post 3 moved that the House disagree to the Senate amendment to HB 1568.
The motion prevailed.

HB 1227. By Representatives Westmoreland of the 86th, Jones of the 38th, Millar of the 52nd, Coleman of the 65th and Jamieson of the 22nd:
A BILL to amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide exemption for a primary caregiver of a child who is four years of age or younger; to provide an exemption for a primary teacher of children in a home study program; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change the term of court in Clay, Miller, and Randolph counties in the Pataula Circuit; to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to provide exemption from jury duty for a primary caregiver of a child who is four years of age or younger; to provide an exemption from jury duty for a primary teacher of children in a home study program; to provide the state and the accused with same number of peremptory challenges in misdemeanor, felony, and death penalty cases, and in challenging alternate jurors; to provide the manner in which peremptory challenges are made; to change the size of the jury panel in felony and death penalty cases; to provide the manner in which the number of alternative jurors is determined; to amend Code Section 17-8-4 of the Official Code of Georgia Annotated, relating to the procedure for trial of jointly indicted defendants and other matters relating to jointly indicted defendants, so as to provide the state with an equal number of additional peremptory challenges in trials for jointly indicted defendants; to provide for

3794

JOURNAL OF THE HOUSE

related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, is amended by striking paragraph (31) and substituting the following in lieu thereof:
"(31) Pataula Circuit: (A) Clay County -- Third Second Monday in March and November September. (B) Early County -- Third Tuesday in January and third Monday in July. (C) Miller County -- Fourth Second Monday in February and October August. (D) Quitman County -- Fourth Monday in March and September. (E) Randolph County -- First Second Monday in May and October November. (F) Seminole County -- Second Monday in April and October. (G) Terrell County -- First Monday in June and December."
SECTION 2. Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, is amended in Code Section 15-12-1, relating to exemptions from jury duty, by striking subsection (a) and inserting in lieu thereof the following:
"(a)(1) Any person who shows that he or she will be engaged during his or her term of jury duty in work necessary to the public health, safety, or good order or who shows other good cause why he or she should be exempt from jury duty may be excused by the judge of the court to which he or she has been summoned or by some other person who has been duly appointed by order of the chief judge to excuse jurors. Such a person may exercise such authority only after the establishment by court order of guidelines governing excuses. Any order of appointment shall provide that, except for permanently mentally or physically disabled persons, all excuses shall be deferred to a date and time certain within that term or the next succeeding term or shall be deferred as set forth in the court order. (2) Notwithstanding paragraph (1) of this subsection, any person who is a full-time student at a college, university, vocational school, or other postsecondary school who, during the period of time the student is enrolled and taking classes or exams, requests to be excused or deferred from jury duty shall be excused or deferred from jury duty. (3) Notwithstanding paragraph (1) of this subsection, any person who is the primary caregiver having active care and custody of a child under four years of age or younger, who executes an affidavit on a form provided by the court stating that such person is the primary caregiver having active care and custody of a child under four years of age or younger and stating that such person has no reasonably available alternative child care, and who requests to be excused or deferred shall be excused or

WEDNESDAY, APRIL 7, 2004

3795

deferred from jury duty. It shall be the duty of the court to provide affidavits for the purpose of this subsection. (4) Notwithstanding paragraph (1) of this subsection, any person who is a primary teacher in a home study program as defined in subsection (c) of Code Section 20-2690 who, during the period of time the person is teaching, requests to be excused or deferred from jury duty shall be excused or deferred from jury duty."
SECTION 3. Said chapter is further amended by striking Code Section 15-12-125, relating to demand of jury panels in misdemeanor trials, and inserting in lieu thereof the following:
"15-12-125. For the trial of misdemeanors in all courts, each party may demand a full panel of 12 competent and impartial jurors from which to select a jury. When one or more of the regular panel of trial jurors is are absent or for any reason disqualified, the judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 12 before requiring the parties or their counsel to strike a jury. From this panel, the accused shall have the right to challenge four peremptorily, defendant and the state two shall each have the right to challenge three jurors peremptorily. The defendant and the state shall exercise their challenges as provided in Code Section 15-12-166. The remaining six jurors shall constitute the jury."
SECTION 4. Said chapter is further amended by striking Code Section 15-12-160, relating to the required panel of jurors in felony trials and the summoning of tales jurors, and inserting in lieu thereof the following:
"15-12-160. When any person stands indicted for a felony, the court shall have impaneled 30 24 jurors from which the defense and prosecution may strike jurors; provided, however, in any case in which the state announces its intention to seek the death penalty, the court shall have impaneled 42 32 jurors from which the defense and state may strike jurors. If, for any reason, after striking from the panel there remain less than 12 qualified jurors to try the case, the presiding judge shall summon such numbers of persons who are competent jurors as may be necessary to provide a full panel. In making up the panel or successive panels, the presiding judge shall draw the tales jurors from the jury box of the county and shall order the sheriff to summon them."
SECTION 5. Said chapter is amended further by striking Code Section 15-12-165, relating to the number of peremptory challenges of jurors, and inserting in lieu thereof the following:
"15-12-165. Every person indicted for a crime or offense accused of a felony may peremptorily challenge 12 six of the jurors impaneled to try him or her. The state shall be allowed

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JOURNAL OF THE HOUSE

one-half the same number of peremptory challenges allowed to the accused defendant; provided, however, in any case in which the state announces its intention to seek the death penalty, the person indicted for the crime defendant may peremptorily challenge 20 ten jurors and the state shall be allowed one-half the same number of peremptory challenges allowed to the accused."
SECTION 6. Said chapter is amended further by striking Code Section 15-12-166, relating to jurors not challenged are to be sworn, and inserting in lieu thereof the following:
"15-12-166. If a juror is found competent and is not challenged peremptorily by the state, he shall be put upon the accused, the defendant and the state shall exercise their peremptory challenges with the state exercising the first challenge. Unless the parties and the court agree to another procedure, peremptory challenges shall be exercised in a manner so that the challenges shall not be heard by the jurors. Unless he the juror is challenged peremptorily by the accused defendant or the state, the juror shall be sworn to try the case."
SECTION 7. Said chapter is amended further by striking Code Section 15-12-169, relating to the manner of selecting alternate jurors, and inserting in lieu thereof the following:
"15-12-169. Alternate jurors must be drawn from the same source and in the same manner and have the same qualifications as the jurors already sworn. They shall be subject to the same examination and challenges. The number of alternative jurors shall be determined by the court. The state and the defendant shall be entitled to as many peremptory challenges to alternate jurors as there are alternate jurors called. The defendant shall be entitled to additional peremptory challenges in an amount twice greater than the additional peremptory challenges of the state. The peremptory challenges allowed to the state and to the defendant in such event shall be in addition to the regular number of peremptory challenges allowed in criminal cases to the defendant and to the state as provided by law. When two or more defendants are tried jointly, each defendant shall be entitled to as many peremptory challenges to alternate jurors as there are alternate jurors called the number and manner of exercising peremptory challenges shall be determined as provided in Code Section 17-8-4."
SECTION 8. Code Section 17-8-4 of the Official Code of Georgia Annotated, relating to the procedure for trial of jointly indicted defendants and other matters relating to jointly indicted defendants, is amended by striking said Code section and inserting in lieu thereof the following:

WEDNESDAY, APRIL 7, 2004

3797

"17-8-4. (a) When two or more defendants are jointly indicted for a capital offense, any defendant so electing shall be separately tried unless the state shall waive the death penalty. When indicted for a capital felony when the death penalty is waived, or for a felony less than capital, or for a misdemeanor, such defendants may be tried jointly or separately in the discretion of the trial court. In any event, a jointly indicted defendant may testify for another jointly indicted defendant or on behalf of the state. When separate trials are ordered in any case, the defendants shall be tried in the order requested by the state. If the offense requires joint action and concurrence of two or more persons, acquittal or conviction of one defendant shall not operate as acquittal or conviction of others not tried. (b) When two or more defendants are tried jointly for a crime or offense, such defendants shall be entitled to the same number of strikes as a single defendant if tried separately. The strikes shall be exercised jointly by the defendants or shall be apportioned among the defendants in the manner the court shall direct. In the event two or more defendants are tried jointly, the court, upon request of the defendants, acting in its sole discretion, may allow an equal number of additional strikes to the defendants, not to exceed five each, as the court shall deem necessary, to the ends that justice may prevail. The court shall allow the state the same number of additional strikes as are allowed to the defendants."
SECTION 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 10. This Act shall apply to all trials that commence on or after the effective date of this Act.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

Representative Boggs of the 145th moved that the House agree to the Senate substitute to HB 1227.

The following amendment was read:

Representative Massey of the 24th moves to amend the Senate substitute to HB 1227 as follows:

3798 Strike Section 5 Renumber accordingly.

JOURNAL OF THE HOUSE

Representative Massey of the 24th moved that the House agree to the Senate substitute, as amended by the House, to HB 1227.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister N Barnard N Barnes Y Beasley-Teague Y Benfield N Birdsong N Black N Boggs Y Bordeaux N Borders N Bridges N Brock Y Brooks N Broome N Brown E Bruce E Buck N Buckner, D N Buckner, G Y Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers
Channell N Childers N Coan N Coleman, B N Cooper N Crawford N Cummings

N Day Dean
N Deloach N Dix N Dodson N Dollar N Dooley N Douglas Y Drenner
Dukes N Ehrhart Y Elrod N Epps N Fleming N Floyd, H N Floyd, J Y Fludd N Forster Y Franklin Y Gardner N Golick N Graves, D N Graves, T N Greene Y Greene-Johnson N Hanner E Harbin
Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

E Hill, C.A Hill, V
N Hines Holmes
N Houston Y Howard N Howell N Hudson Y Hugley
Jackson Y James Y Jamieson E Jenkins, C N Jenkins, C.F N Jones Y Jordan Y Joyce N Keen Y Knox N Lane N Lewis N Lord Y Lucas N Lunsford N Maddox Y Mangham N Manning N Marin N Martin Y Massey N Maxwell N McBee N McCall
McClinton N Millar N Mills

Y Mitchell Y Mobley Y Moraitakis
Morris Y Mosby N Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock
Parham N Parrish N Parsons Y Porter N Powell N Purcell N Ralston Y Randall N Ray
Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L N Rogers, C N Rogers, Ch. N Royal N Rynders
Sailor N Scott N Shaw N Sheldon

N Sholar Sims
Y Sinkfield N Skipper N Smith, B N Smith, L N Smith, P N Smith, T N Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes N Stoner N Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson N Walker, L N Walker, R.L N Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R N Wix Y Yates
Coleman, Speaker

On the motion, the ayes were 52, nays 109. The motion was lost.

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By unanimous consent, further consideration of HB 1227 was suspended until later in in the legislative day.

The following Resolutions of the House were read and adopted:

HR 1968. By Representatives Thomas Morgan of the 33rd, Post 2, Teilhet of the 34th, Post 2, Stoner of the 34th, Post 1, Manning of the 32nd and Dooley of the 33rd, Post 3:
A RESOLUTION congratulating Destiny World Church; and for other purposes.

HR 1969. By Representatives Drenner of the 57th, Mosby of the 59th, Post 3 and Benfield of the 56th, Post 1:
A RESOLUTION commending Alfred Fowler; and for other purposes.

HR 1970. By Representative Dukes of the 136th:
A RESOLUTION recognizing and commending Clifton D. Alexander for outstanding contributions to public education in the State of Georgia; and for other purposes.

HR 1971. By Representative Dukes of the 136th:
A RESOLUTION recognizing and commending Ms. Alaire P. Williams for outstanding contributions to public education in the State of Georgia; and for other purposes.

HR 1972. By Representative Dukes of the 136th:
A RESOLUTION recognizing and commending Jennifer T. Pitman for outstanding contributions to public education in the State of Georgia; and for other purposes.

HR 1973. By Representative Dukes of the 136th:

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A RESOLUTION recognizing and commending Ms. Nancy K. Carson for outstanding contributions to public education in the State of Georgia; and for other purposes.

HR 1974. By Representative Dukes of the 136th:
A RESOLUTION recognizing and commending Ms. Jesse Lee Massey for outstanding contributions to public education in the State of Georgia; and for other purposes.

HR 1975. By Representative Dukes of the 136th:
A RESOLUTION recognizing and commending Ms. Gina Phillips for outstanding contributions to public education in the State of Georgia; and for other purposes.

HR 1976. By Representative Dukes of the 136th:
A RESOLUTION recognizing and commending Ms. Barbi Fisher for outstanding contributions to public education in the State of Georgia; and for other purposes.

HR 1977. By Representative Dukes of the 136th:
A RESOLUTION recognizing and commending Mr. Glen Andrew Brown for outstanding contributions to public education in the State of Georgia; and for other purposes.

HR 1978. By Representative Dukes of the 136th:
A RESOLUTION recognizing and commending Ms. Hazel Hines for outstanding contributions to public education in the State of Georgia; and for other purposes.

HR 1979. By Representative Dukes of the 136th: A RESOLUTION recognizing and commending Ms. Alma Jean Masih for

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outstanding contributions to public education in the State of Georgia; and for other purposes.

HR 1980. By Representative Dukes of the 136th:
A RESOLUTION recognizing and commending Ms. Tracee L. Williams for outstanding contributions to public education in the State of Georgia; and for other purposes.

HR 1981. By Representatives Thomas Morgan of the 33rd, Post 2, Mosby of the 59th, Post 3, Teilhet of the 34th, Post 2, Hugley of the 113th and Randall of the 107th:
A RESOLUTION commending Step It OFF 4 Youths, Inc.; and for other purposes.

HR 1982. By Representatives Butler of the 88th, Post 1, Harper of the 88th, Post 2, Smith of the 87th and Maxwell of the 27th:
A RESOLUTION honoring and remembering the life and service of Mr. Ray W. Barber; and for other purposes.

HR 1983. By Representatives Wilkinson of the 41st, Coan of the 67th, Post 1, Hudson of the 95th, Fleming of the 79th and Murphy of the 14th, Post 2:
A RESOLUTION honoring Staff Sergeant James Enderle II, United States Army Reserve; and for other purposes.

HR 1984. By Representative Jenkins of the 93rd: A RESOLUTION commending Cameron Parker; and for other purposes.

HR 1985. By Representative Jenkins of the 93rd:
A RESOLUTION commending Mr. Tad Brownlee and congratulating him on the occasion of his graduation from United States Marine Corps basic training; and for other purposes.

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HR 1986. By Representatives Scott of the 138th, Roberts of the 131st and Houston of the 139th:
A RESOLUTION recognizing and commending Daniel Tankersley; and for other purposes.

HR 1987. By Representatives Scott of the 138th, Roberts of the 131st and Houston of the 139th:
A RESOLUTION recognizing and commending the Tift County 4-H Poultry Judging Team; and for other purposes.

HR 1988. By Representatives Scott of the 138th, Roberts of the 131st and Houston of the 139th:
A RESOLUTION recognizing and commending Ashley Chesnut; and for other purposes.

HR 1989. By Representatives Rogers of the 15th, Hill of the 16th, Murphy of the 14th, Post 2 and Franklin of the 17th:
A RESOLUTION recognizing and commending Mrs. Debra Jones; and for other purposes.

HR 1990. By Representatives Royal of the 140th, Jenkins of the 93rd, Rogers of the 15th and Coleman of the 118th:
A RESOLUTION recognizing and commending the Georgia Institute of Technology men's basketball team; and for other purposes.

HR 1991. By Representatives Day of the 126th, Coleman of the 118th, Stephens of the 123rd, Richardson of the 26th, Jenkins of the 8th and others:
A RESOLUTION commending Sally Day; and for other purposes.

HR 1992. By Representative Elrod of the 25th:

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A RESOLUTION commending Sidney Scott Gray on attaining the rank of Eagle Scout; and for other purposes.

HR 1993. By Representatives Buckner of the 82nd, Barnes of the 84th, Post 2 and Dodson of the 84th, Post 1:
A RESOLUTION commending Sheriff Stanley Tuggle and the Clayton County Sheriff's Office; and for other purposes.

HR 1994. By Representatives Howell of the 92nd and Yates of the 85th, Post 1:
A RESOLUTION recognizing and commending the Reverend Walter C. James for his 34 years of active service as a minister of the Christian gospel; and for other purposes.

HR 1995. By Representative Golick of the 34th, Post 3:
A RESOLUTION commending and congratulating the City of Smyrna on its selection as a Georgia Municipal Association "City of Excellence"; and for other purposes.

HR 1996. By Representative Golick of the 34th, Post 3:
A RESOLUTION commending the Georgia State University Student Trial Lawyers Association's National Trial Advocacy Team; and for other purposes.

HR 1997. By Representative Golick of the 34th, Post 3:
A RESOLUTION celebrating the first birthday of Davis Jordan Golick; and for other purposes.

HR 1998. By Representatives Mills of the 67th, Post 2, Westmoreland of the 86th, Coan of the 67th, Post 1, Brown of the 89th, Richardson of the 26th and others:

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A RESOLUTION commending Mel Gibson and "The Passion of the Christ"; and for other purposes.

HR 1999. By Representative Golick of the 34th, Post 3:
A RESOLUTION commending James (Jim) Mathew Hawkins for his service to the City of Smyrna; and for other purposes.

HR 2000. By Representatives Golick of the 34th, Post 3, Burkhalter of the 36th and O`Neal of the 117th:
A RESOLUTION commending Robert Highsmith; and for other purposes.

HR 2001. By Representatives Fludd of the 48th, Post 4, Richardson of the 26th, Floyd of the 132nd, Porter of the 119th and Westmoreland of the 86th:
A RESOLUTION recognizing and commending the GeorgiaSaves program; and for other purposes.

HR 2002. By Representative Golick of the 34th, Post 3:
A RESOLUTION commending Jack Cramer for his service to the City of Smyrna; and for other purposes.

HR 2003. By Representative Epps of the 90th: A RESOLUTION honoring Frank R. Lewis; and for other purposes.

HR 2004. By Representative Epps of the 90th:
A RESOLUTION in honor of the life of Laura Scott Lewis; and for other purposes.

HR 2005. By Representatives Floyd of the 69th, Post 2, Thompson of the 69th, Post 1, Marin of the 66th and Bannister of the 70th, Post 1:

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A RESOLUTION commending Matthew Frisch; and for other purposes.

HR 2006. By Representatives Floyd of the 69th, Post 2, Thompson of the 69th, Post 1, Marin of the 66th and Bannister of the 70th, Post 1:
A RESOLUTION commending Michael Frisch; and for other purposes.

HR 2007. By Representatives Powell of the 23rd and Coleman of the 118th: A RESOLUTION commending Jeanette Williams; and for other purposes.

HR 2008. By Representative Epps of the 90th: A RESOLUTION honoring Lewis Banks; and for other purposes.

HR 2009. By Representative Epps of the 90th:
A RESOLUTION recognizing Ms. Emma Lois Hatchett Baker; and for other purposes.

HR 2010. By Representative Epps of the 90th:
A RESOLUTION recognizing Mr. George Washington Baker, Sr.; and for other purposes.

HR 2011. By Representatives Snow of the 1st and Reece of the 11th: A RESOLUTION commending John Woodlee; and for other purposes.

HR 2012. By Representatives Snow of the 1st, Reece of the 11th and Day of the 126th: A RESOLUTION commending Ms. Ellen Bohannon; and for other purposes.

HR 2013. By Representatives Snow of the 1st and Reece of the 11th:

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JOURNAL OF THE HOUSE A RESOLUTION commending Ms. Peg Alton; and for other purposes.

HR 2014. By Representatives Rogers of the 15th and Franklin of the 17th:
A RESOLUTION recognizing Mr. William G. "Bill" Long and commending his over 37 years of dedicated public service; and for other purposes.

HR 2015. By Representatives Smyre of the 111th, Skipper of the 116th, Coleman of the 118th, Porter of the 119th and Stanley-Turner of the 43rd, Post 2:
A RESOLUTION recognizing Jackmont Hospitality, Inc., on the occasion of its 10th anniversary; and for other purposes.

HR 2016. By Representatives Coleman of the 118th, Smyre of the 111th, Skipper of the 116th, Richardson of the 26th, Parrish of the 102nd and others:
A RESOLUTION commending the Honorable Ken W. Birdsong and recognizing his career in public service; and for other purposes.

HR 2017. By Representatives Smith of the 129th, Post 2 and Coleman of the 118th:
A RESOLUTION recognizing and expressing appreciation to Lori Meadows; and for other purposes.

HR 2018. By Representatives Stephenson of the 60th, Post 1, Fludd of the 48th, Post 4, Mitchell of the 61st, Post 3, Mosby of the 59th, Post 3, Stephens of the 124th, Post 2 and others:
A RESOLUTION commending Honorable Teresa Greene-Johnson; and for other purposes.

HR 2019. By Representatives Benfield of the 56th, Post 1, Mobley of the 58th, McClinton of the 59th, Post 1 and Oliver of the 56th, Post 2:
A RESOLUTION honoring and remembering the life, leadership, and service to public education of Dr. Carl Gilbert Renfroe; and for other purposes.

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HR 2020. By Representative Powell of the 23rd:
A RESOLUTION recognizing Ms. Gloria Beth Rice and her tireless efforts on behalf of veterans in Georgia; and for other purposes.

HR 2021. By Representatives Snow of the 1st, Coleman of the 118th, Graves of the 10th, Williams of the 4th and Day of the 126th:
A RESOLUTION commending Mr. Steve Hatcher and congratulating him on the occasion of his retirement; and for other purposes.

HR 2022. By Representatives Snow of the 1st, Reece of the 11th and Day of the 126th: A RESOLUTION commending Ryan Friend; and for other purposes.

HR 2023. By Representatives Snow of the 1st, Reece of the 11th and Day of the 126th: A RESOLUTION commending Kristyn Troyer; and for other purposes.

HR 2024. By Representatives Snow of the 1st, Reece of the 11th and Day of the 126th: A RESOLUTION commending Ms. Meg Carpenter; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 1325. By Representatives McBee of the 74th, Purcell of the 122nd, Greene of the 134th, Holmes of the 48th, Post 1 and Cummings of the 19th:
A BILL to amend Chapters 2 and 3 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education and to postsecondary education, respectively, so as to change the reporting system and method for determining eligibility for HOPE scholarships, other scholarships, grants, or loan assistance, and certain postsecondary courses and advanced placement courses for students graduating from high school in 2007 and thereafter; and for other purposes.

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The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1325

The Committee of Conference on HB 1325 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1325 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Bill Hamrick Senator, 30th District

/s/ Louise McBee Representative, 74th District

/s/ Brian P. Kemp Senator, 46th District

/s/ Pat Gardner Representative, 42nd District, Post 3

/s/ Bill Stephens Senator, 51st District

/s/ DuBose Porter Representative, 119th District

A BILL
To amend Chapters 2 and 3 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education and to postsecondary education, respectively, so as to change the reporting system and method for determining eligibility for HOPE scholarships, other scholarships, grants, or loan assistance, and certain postsecondary courses and advanced placement courses for students enrolling as freshmen in eligible public or private postsecondary institutions on or after May 1, 2007; to add public and private schools accredited by the Southern Association of Independent Schools to the definition of eligible high schools for the purposes of the HOPE program; to delete an obsolete reference; to revise and add definitions; to provide for loss of eligibility for the HOPE scholarship for any student who does not possess at least a cumulative 3.0 grade point average at the end of each spring quarter or semester; to provide for loss of eligibility for the HOPE scholarship for any part-time students under certain conditions; to provide for restoration of such eligibility; to provide for courses taken as postsecondary options to be included in HOPE hour limits; to provide for a set amount for mandatory fees for HOPE scholarships and HOPE grants; to provide for changes to the amount of HOPE scholarships at private institutions for students enrolled less than full-time; to provide for a limitation on quarter hours or semester hours of

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eligibility for HOPE grants and eligibility for combined HOPE scholarships and grants; to provide for exceptions; to create the HOPE Scholarship/Pre-K Legislative Oversight Committee; to provide for membership and duties of such oversight committee; to provide that employees of certain organizations are considered residents of Georgia for purposes of the HOPE program; to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to disposition of lottery proceeds, budget report by Governor, appropriations by General Assembly, and shortfall reserve subaccount, so as to provide for changes to the amount of book allowances and fees for a HOPE scholarship or grant under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-157, relating to the uniform reporting system for specified purposes, and inserting in lieu thereof the following:
"20-2-157. (a) It is the intent of the General Assembly to establish a uniform reporting system to be used as one of the criteria to determine eligibility of students seeking enrollment in postsecondary courses pursuant to Code Section 20-2-161.1 or seeking educational scholarships, grants, or loan assistance administered by the Georgia Student Finance Commission pursuant to Article 7 of Chapter 3 of this title. (b) Beginning May 1, 2007, each Each school system and private school shall adopt the following reporting system described in this subsection for purposes of identifying and qualifying graduating seniors for the HOPE scholarship program and other programs identified in this Code section:
(1) A final grade average of at least an 80 numeric average, provided the student meets the college preparatory curriculum requirements Each school system and private school shall transmit, in a manner and at times prescribed by the Georgia Student Finance Commission, an electronic transcript of courses and course grades for each graduating senior that reflects the complete high school academic record of the student, including scores on any state tests required for graduation, the grading scales used by the school system or private school for the time periods referenced by the transcripts, and any other pertinent information as determined by the Georgia Student Finance Commission. Each grade reported by a school system or private school to the commission for the purpose of calculating the grade point average for HOPE scholarship eligibility shall be the actual grade earned by the student, with no weighting or addition of points by the local school system or private school; (2) A final grade average of at least an 85 numeric average, if the student meets the career/technical curriculum requirements The Georgia Student Finance Commission shall calculate a grade point average for the purpose of determining eligibility for the

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HOPE scholarship from these electronic transcripts and shall notify students of their eligibility and high schools as to the eligibility of students; (3) For students graduating from high school in 2000 or thereafter, a final grade average of at least an 80 numeric average in their core curriculum subjects, provided that the student meets the college preparatory curriculum requirements For students otherwise qualified and enrolling as freshmen students in eligible public or private postsecondary institutions for the first time on May 1, 2007, or thereafter, the Georgia Student Finance Commission shall calculate grade point averages for determining eligibility for the HOPE scholarship and other scholarships referenced in this Code section as follows:
(A) For students receiving a college preparatory diploma, each grade for a student in attempted coursework in English, mathematics, science, social studies, and foreign language that would, if successfully completed, satisfy a core graduation requirement for the college preparatory curriculum shall be equated to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0; or (B) For students receiving a career/technical diploma, each grade for a student in attempted coursework in English, mathematics, science, and social studies that would, if successfully completed, satisfy a core graduation requirement for the career/technical curriculum shall be equated to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0. Grades for coursework that is classified as advanced placement or international baccalaureate shall be weighted by the Georgia Student Finance Commission in calculating the overall grade point averages for students, provided that the weighting of such course grades is uniformly applied to all students in the state taking the specified coursework. The sum of the equated grades shall be divided by the number of course grades, adjusted for term length, to yield a grade point average on a 4.0 scale; or (4) For students graduating from high school in 2000 or thereafter, a final grade average of at least an 85 numeric average in their core curriculum subjects if the student meets the career/technical curriculum requirements. Qualification for the HOPE scholarship shall be determined from the grade point average calculated as set out in paragraph (3) of this subsection. Beginning May 1, 2007, students with grade point averages equal to or in excess of 3.0 on the 4.0 scale with a college preparatory diploma shall meet achievement standards for the HOPE scholarship; students receiving a career/technical diploma shall meet achievement standards for the HOPE scholarship with a grade point average equal to or in excess of 3.2 on a 4.0 scale. This paragraph shall apply regardless of when a student graduated from high school and regardless of such students eligibility status prior to May 1, 2007; and (5) Beginning May 1, 2007, only Only the reporting system as indicated in this subsection shall be used to determine eligibility for all grants, scholarships, or loans to attend colleges or universities which are administered pursuant to Article 7 of Chapter

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3 of this title and eligibility for enrollment in postsecondary courses pursuant to Code Section 20-2-161.1. (c)(1) Prior to May 1, 2007, each school system shall adopt the following reporting system for purposes of identifying and qualifying graduating seniors for the HOPE scholarship program and other programs identified in this Code section:
(A) A final grade average of at least an 80 numeric average in their core curriculum subjects, provided that the student meets the college preparatory curriculum requirements; or (B) A final grade average of at least an 85 numeric average in their core curriculum subjects if the student meets the career/technical curriculum requirements. (2) Prior to May 1, 2007, only the reporting system as indicated in this subsection shall be used to determine eligibility for all grants, scholarships, or loans to attend colleges or universities which are administered pursuant to Article 7 of Chapter 3 of this title and eligibility for enrollment in postsecondary courses pursuant to Code Section 20-2-161.1."
SECTION 2. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by striking paragraphs (6), (11), (13), (21), and (22) of Code Section 20-3-519, relating to definitions relative to HOPE scholarships and grants, and inserting in lieu thereof the following:
"(6) 'Eligible high school' means a public or private secondary school which is: (A) Located in Georgia and accredited as such by: (i) The Southern Association of Colleges and Schools; (ii) The Georgia Accrediting Commission; (iii) The Georgia Association of Christian Schools; (iv) The Association of Christian Schools International; (v) The Georgia Private School Accreditation Council; or (vi) The Accrediting Commission for Independent Study; or (vii) The Southern Association of Independent Schools; or (B) Located in another state and accredited by one of the following regional agencies: (i) The Southern Association of Colleges and Schools; (ii) The New England Association of Schools and Colleges; (iii) The Middle States Association of Colleges and Schools; (iv) The North Central Association of Colleges and Schools; (v) The Northwestern Association of Schools and Colleges; (vi) The Western Association of Schools and Colleges; or (vii) The Alabama Independent School Association; or (viii) The Southern Association of Independent Schools."
"(11) 'Full-time student' means a matriculated student attending a postsecondary educational institution and enrolled for the equivalent of at least 12 quarter or semester hours or the equivalent in any given semester or quarter."

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"(13) 'HOPE grant' means a Helping Outstanding Pupils Educationally grant for education awarded in accordance with Code Section 20-3-519.4 or 20-3-519.5." "(21) 'Quarter hours' includes each quarter hour attempted, whether remedial or for credit toward a degree, but shall not include any quarter hour attempted or completed before graduating from high school or earning a general educational development (GED) certificate, or diploma. (22) 'Semester hours' includes each semester hour attempted, whether remedial or for credit toward a degree, but shall not include any semester hour attempted before graduating from high school or earning a general educational development (GED) certificate, or diploma."
SECTION 3. Said chapter is further amended by adding new paragraphs (12.1) and (19.1) to Code Section 20-3-519, relating to definitions relative to HOPE scholarships and grants, to read as follows:
"(12.1) 'Half-time student' means a matriculated student attending a postsecondary educational institution and enrolled for six to 11 semester hours or the equivalent in any given semester or quarter." "(19.1) 'Part-time student' means a matriculated student attending a postsecondary educational institution and enrolled for less than 12 semester hours or the equivalent in any given semester or quarter and who has never been enrolled for 12 or more semester hours or the equivalent in any given semester or quarter."
SECTION 4. Said chapter is further amended by striking Code Section 20-3-519.2 relating to eligibility requirements for HOPE scholarships at public postsecondary institutions, and inserting in lieu thereof the following:
"20-3-519.2. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by:
(A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1993 or thereafter and meeting the requirements set out in the applicable subsection and paragraph of subsection (b) of Code Section 20-2-157; or (B) In the case of a student who is otherwise qualified but:
(i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the

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general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993, provided that such student shall only be eligible for a HOPE scholarship pursuant to subsection (e) of the Code section; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; or (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at institution: (i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a parttime student and has maintained part-time student status for three consecutive quarters or semesters; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree.

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(c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate degree at a public postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria:
(A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate degree at a public postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree. (e)(1)(A) A full-time student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter or 30 semester hours without a HOPE scholarship. An otherwise eligible full-time student who regains a cumulative grade point average of at least 3.0 at the end of a

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quarter or semester in which the full-time student has attempted 90 quarter hours or 135 quarter hours or 60 semester hours or 90 semester hours may requalify for a HOPE scholarship. (B) An otherwise eligible part-time student who regains or attains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the part-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attain or requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter hours or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester or at the end of three consecutive quarters or semesters for a part-time student pursuant to paragraph (2) of subsection (b) of this Code section shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (f) For students eligible for a HOPE scholarship under this Code section, no minimum number of hours of enrollment is required. (g)(1) Except as set out in paragraph (2) of this subsection, a student may receive the HOPE scholarship until the first of these events: (A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate degree program designed to be more than 190 quarter hours or 127 semester hours in length is eligible to receive the HOPE scholarship for the lesser of: (A) A total of 225 attempted quarter hours or 150 attempted semester hours; or (B) The number of hours required for graduation if the student has a 3.0 cumulative grade point average of at least 3.0 after the term in which the student attempted 190 quarter hours or 127 semester hours. (3) For purposes of this subsection, attempted hours shall include hours for courses taken pursuant to Code Section 20-2-161.1. (h)(1) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount Lottery for Education Account in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall include tuition, approved mandatory fees, and a book allowance not to exceed $100.00 per quarter or $150.00 per semester, except as otherwise provided for in paragraph (2) of this subsection. (2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, the amount of mandatory fees paid shall be equal to such amount or amounts that were paid on January 1, 2004, except as otherwise provided for in Code Section 50-27-13."

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SECTION 5. Said chapter is further amended by striking Code Section 20-3-519.3, relating to eligibility requirements for HOPE scholarships at private postsecondary institutions, and inserting in lieu thereof the following:
"20-3-519.3. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by:
(A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1996 or thereafter and meeting the requirements set out in the applicable paragraph of subsection (b) of Code Section 20-2-157; or (B) In the case of a student who is otherwise qualified but:
(i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993, provided that such student shall only be eligible for a HOPE scholarship pursuant to subsection (e) of this Code section; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; or (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status; and (B) Being registered for and attending classes as a full-time at least a half-time student for 14 days or more after the last day of the institutions drop and add period. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall:

WEDNESDAY, APRIL 7, 2004

3817

(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by meeting the following criteria:
(A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at institution:
(i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a halftime student and has maintained part-time student status for three consecutive quarters or semesters; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as a full-time at least a half-time student for 14 days or more after the last day of the institutions drop and add period. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or provided that in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, have been accepted into the professional level program of study prior to receiving a baccalaureate degree; and

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(B) Being registered for and attending classes as a full-time at least a half-time student for 14 days or more after the last day of the institutions drop and add period. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as a full-time at least a half-time student for 14 days or more after the last day of the institutions drop and add period. (e)(1)(A) An otherwise eligible full-time student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter hours or 30 semester hours without a HOPE scholarship. A full-time student who regains a cumulative grade point average of at least 3.0 at end of the quarter or semester in which the full-time student has attempted 90 quarter hours or 60 semester hours may requalify for a HOPE scholarship. A full-time student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the full-time student has attempted 135 quarter hours or 90 semester hours may requalify for a HOPE scholarship. (B) An otherwise eligible half-time student who regains or attains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the half-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attain or requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester or at the end of

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3819

three consecutive quarters or semesters for a half-time student pursuant to paragraph (2) of subsection (b) of this Code section shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (f)(1) Except as set out in paragraph (2) of this subsection, a student may receive a HOPE scholarship until the first of these events:
(A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate degree program designed to be more than 190 quarter hours or 127 semester hours in length is eligible to receive a HOPE scholarship for the lesser of: (A) A total of 225 attempted quarter hours or 150 attempted semester hours; or (B) The number of hours required for graduation if the student has a cumulative grade point average of at least 3.0 after the term in which the student attempted 190 quarter hours or 127 semester hours. (3) For purposes of this subsection, attempted hours shall include hours for courses taken pursuant to Code Section 20-2-161.1. (g)(1) Except as provided for in paragraph (2), subject Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $3,000.00 for any academic year. (2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $1,500.00 for half-time enrollment and $3,000.00 for full-time enrollment for any academic year."
SECTION 6. Said chapter is further amended by striking Code Section 20-3-519.4, relating to terms and conditions for receipt of certain HOPE grants at private postsecondary institutions, and inserting in lieu thereof the following:
"20-3-519.4. (a) An eligible student attending an eligible private postsecondary institution and receiving a HOPE grant during the 1995-1996 academic year under the terms and conditions of eligibility effective for students of eligible private postsecondary institutions during such term will be eligible to continue receiving HOPE grant funds under the same terms and conditions until the earlier of the following:
(1) The end of the spring term of 1999; or

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(2) Graduation. (b) A student who received the HOPE grant at a private postsecondary institution for at least one semester or quarter beginning with the summer term of 1995 through the spring term of 1997 is not eligible for the HOPE scholarship at an eligible postsecondary institution until a quarter or semester beginning with or after the summer term of 1999. Reserved."
SECTION 7. Said chapter is further amended by striking Code Section 20-3-519.5, relating to eligibility for HOPE grants, and inserting in lieu thereof the following:
"20-3-519.5. (a) To be eligible for a HOPE grant, a student seeking a diploma or certificate at a branch of the Georgia Department of Technical and Adult Education or a unit of the University System of Georgia shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; and (2) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status in a program of study leading to a certificate or diploma and maintaining satisfactory academic progress in accordance with the standards and practices used for federal Title IV programs by the institution at which the student is enrolled. (b) There is no minimum number of hours of enrollment required for eligibility for a HOPE grant under this Code section. (c) Subject to the provisions of subsection (e) of this Code section, an An eligible student may receive HOPE grants for all course work required by the institution for programs of study leading to a certificate or diploma, including remedial or developmental studies. (d)(1) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount Lottery for Education Account in Code Section 50-27-13, a HOPE grant awarded under this Code section shall include tuition, approved mandatory fees, and a book allowance not to exceed $100.00 per quarter or $150.00 per semester, except as otherwise provided for in paragraph (2) of this subsection. (2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, the amount of mandatory fees paid shall be equal to such amount or amounts that were paid on January 1, 2004, except as otherwise provided for in Code Section 50-27-13. (e) No student may receive HOPE grants for more than 95 quarter hours or 63 semester hours of attempted coursework, except as provided for in subsection (f) of this Code section. No student may receive more than a cumulative total of 190 quarter hours or

WEDNESDAY, APRIL 7, 2004

3821

127 semester hours of combined HOPE scholarships and grants, unless in accordance with Code Sections 20-3-519.2 and 20-3-519.3. For purposes of this subsection, attempted hours shall include hours for courses taken pursuant to Code Section 20-2161.1. (f) A student enrolled in a diploma program designed to be more than 95 quarter hours or 63 semester hours in length is eligible to receive a HOPE grant for the lesser of:
(1) A total of 130 attempted quarter hours or 86 attempted semester hours; or (2) The number of hours required for graduation."
SECTION 8. Said chapter is further amended by adding a new Code section to read as follows:
"20-3-519.13. (a) There is created as a joint committee of the General Assembly the HOPE Scholarship/Pre-K Legislative Oversight Committee, to be composed of three members of the House Committee on Higher Education and three members of the House Committee on Education, to be appointed by the Speaker of the House of Representatives; and three members of the Senate Higher Education Committee and three members of the Senate Education Committee, to be appointed by the Committee on Assignments. The chairpersons of the House Committee on Higher Education and the Senate Higher Education Committee shall serve as cochairpersons for the oversight committee. The oversight committee shall study, inquire into, and review the operations of the Georgia Student Finance Commission with respect to the administration of HOPE scholarships and grants under this part, as well as review and evaluate the conditions, needs, and issues of the HOPE scholarship and grant program as provided for under this part, Georgias Pre-K program, and any other programs that receive funds from the Lottery for Education Account, as provided for in Article 1 of Chapter 27 of Title 50. Such study and review shall be conducted during the first year of each biennium of the General Assembly so as to determine whether any legislative action may be necessary. The oversight committee may conduct any independent audit or investigation of the commission or any other appropriate agency it deems necessary. (b) The Georgia Student Finance Commission and the Department of Early Care and Learning shall provide the oversight committee with a complete report of the HOPE scholarship and grant program and the Georgia Pre-K Program no later than December 1 of each year. The committee may request and receive reports from any appropriate agency in order to conduct activities pursuant to subsection (a) of this Code section. (c) The Georgia Student Finance Commission shall submit to the HOPE Scholarship/Pre-K Legislative Oversight Committee, no later than December 31, 2004, a proposed plan of implementation regarding the requirements of subsection (b) of Code Section 20-2-157 and the implications that will result from such changes to the reporting system. Such plan shall contain any information designated by the oversight committee, which shall include, but not be limited to, the following:

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(1) All criteria relating to academic qualifications proposed by the commission which will be used to make a determination of whether a student qualifies for a HOPE scholarship or grant under subsection (b) of Code Section 20-2-157; (2) Procedures to provide notice and guidance to local school systems and private schools as to the effect of the change in the grading system established by subsection (b) of Code Section 20-2-157; and (3) Methods to encourage local school systems and private schools to review and address their grading scales in light of the change in the grading system established by subsection (b) of Code Section 20-2-157. The HOPE Scholarship/Pre-K Legislative Oversight Committee shall review the proposed plan of implementation."
SECTION 9. Said chapter is further amended by adding a new Code section to read as follows:
"20-3-519.14. Any residency requirements established pursuant to this part shall provide, at a minimum, that full-time Georgia employees of Free Trade Area of the Americas (FTAA) based in Georgia that are recognized by the United States Department of State, and their spouses and dependents, shall be classified as residents of Georgia."
SECTION 10. Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to disposition of lottery proceeds, budget report by the Governor, appropriations by the General Assembly, and the shortfall reserve subaccount, is amended by inserting a new paragraph (5) of subsection (b) to read as follows:
"(5)(A) For purposes of this subsection, the term 'year-end balance' shall mean the amount, as determined by the state auditor, of unexpended and uncommitted funds in the Lottery for Education Account at the end of a fiscal year, which shall not include amounts contained in the subaccounts provided for in paragraphs (3) and (4) of this subsection.
(B)(i) In the event that the year-end balance of a fiscal year is less than the yearend balance of the fiscal year immediately preceding, then all scholarships and grants for book allowances under Part 7 of Article 7 of Chapter 3 of Title 20 shall not exceed $150.00 per year beginning in the next fiscal year and thereafter. This provision shall not apply to students who are eligible to participate in the federal Pell Grant program. (ii) In the event that the year-end balance of any subsequent fiscal year is less than the year-end balance of the fiscal year immediately preceding, then all scholarships and grants for book allowances under Part 7 of Article 7 of Chapter 3 of Title 20 shall be eliminated beginning in the subsequent fiscal year and thereafter. This provision shall not apply to students who are eligible to participate in the federal Pell Grant program.

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(iii) In the event that the year-end balance of any further subsequent fiscal year is less than the year-end balance of the fiscal year immediately preceding, then all scholarships and grants for mandatory fees under Part 7 of Article 7 of Chapter 3 of Title 20 shall be eliminated beginning in the next fiscal year and thereafter."
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

Representative McBee of the 74th moved that the House adopt the report of the Committee of Conference on HB 1325.

On the motion, 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 Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas
Drenner Y Dukes Y 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 Harbin Y Harper Y Harrell Y Heard, J Y Heard, K
Heath Y Heckstall Y Hembree Y Henson Y Hill, C

E Hill, C.A Y Hill, V Y Hines
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 N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley
Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray
Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C N 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

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On the motion, the ayes were 164, nays 3. The motion prevailed.

Representative Yates of the 85th, Post 1 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.

The following Bill of the House was taken up for the purpose of considering the Senate's disagreeing to the House amendment to the Senate substitute thereto:

HB 1555. By Representatives Channell of the 77th, Watson of the 60th, Post 2 and Teilhet of the 34th, Post 2:
A BILL to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to extend the suspension of the surcharge on the employer contribution rate based upon the State-wide Reserve Ratio; and for other purposes.

Representative Smyre of the 111th moved that the House insist on its position in amending the Senate substitute to HB 1555.

Representative Ehrhart of the 28th moved that the House recede from its position in amending the Senate substitute to HB 1555.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Beasley-Teague N Benfield Y Birdsong
Black Boggs N Bordeaux N Borders Y Bridges

Y Day Dean
N Deloach Y Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart Y Elrod N Epps Y Fleming

E Hill, C.A N Hill, V Y Hines
Holmes Y Houston N Howard Y Howell N Hudson N Hugley N Jackson N James N Jamieson N Jenkins, C N Jenkins, C.F

N Mitchell N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M Y O'Neal N Orrock Y Parham

Y Sholar Y Sims N Sinkfield
Skipper Y Smith, B Y Smith, L Y Smith, P N Smith, T Y Smith, V N Smyre N Snow N Stanley-Turner N Stephens, E Y Stephens, R

Y Brock N Brooks N Broome Y Brown E Bruce E Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, APRIL 7, 2004

N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T
Greene N Greene-Johnson
Hanner E Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath N Heckstall Y Hembree N Henson Y Hill, C

Y Jones N Jordan Y Joyce Y Keen Y Knox N Lane Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham N Manning N Marin Y Martin Y Massey Y Maxwell N McBee Y McCall N McClinton Y Millar Y Mills

Parrish Y Parsons N Porter Y Powell Y Purcell Y Ralston N Randall N Ray
Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott
Shaw Y Sheldon

On the motion, the ayes were 82, nays 81. The motion was lost.

3825
N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson N Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson N Willard N Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

Representative Smyre of the 111th again moved that the House insist on its position in amending the Senate substitute to HB 1555.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes Y Beasley-Teague Y Benfield N Birdsong Y Black
Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown E Bruce

N Day Dean
Y Deloach Y Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin

E Hill, C.A Y Hill, V N Hines Y Holmes N Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F N Jones Y Jordan N Joyce N Keen N Knox

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham N Parrish N Parsons Y Porter
Powell N Purcell

N Sholar N Sims Y Sinkfield
Skipper N Smith, B N Smith, L N Smith, P Y Smith, T N Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper

3826
E Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers N Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Gardner N Golick N Graves, D N Graves, T
Greene Y Greene-Johnson Y Hanner E Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

N Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin N Martin N Massey N Maxwell Y McBee N McCall Y McClinton N Millar N Mills

N Ralston Y Randall Y Ray
Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L N Rogers, C N Rogers, Ch. N Royal N Rynders
Sailor N Scott N Shaw N Sheldon

On the motion, the ayes were 83, nays 85. The motion was lost.

Y Thomas Morgan Y Thomas, A.M Y Thompson N Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R N Wix N Yates
Coleman, Speaker

Representative Smyre of the 111th moved that the House reconsider its action in failing to insist on its position in amending the Senate substitute to HB 1555.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes Y Beasley-Teague Y Benfield N Birdsong Y Black
Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown E Bruce E Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter

N Day Y Dean Y Deloach N Dix N Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T N Greene

E Hill, C.A Y Hill, V N Hines Y Holmes N Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F N Jones Y Jordan N Joyce N Keen N Knox N Lane N Lewis N Lord Y Lucas N Lunsford

Y Mitchell Y Mobley Y Moraitakis N Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock N Parham N Parrish N Parsons Y Porter N Powell N Purcell N Ralston Y Randall N Ray
Reece, B N Reece, S

Y Sholar N Sims Y Sinkfield
Skipper N Smith, B N Smith, L N Smith, P Y Smith, T N Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson N Walker, L N Walker, R.L

N Burmeister N Butler N Campbell N Casas N Chambers N Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

WEDNESDAY, APRIL 7, 2004

Y Greene-Johnson Hanner
E Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

Y Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee N McCall
McClinton N Millar N Mills

N Rice N Richardson N Roberts, J Y Roberts, L N Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw N Sheldon

On the motion, the ayes were 79, nays 90. The motion was lost.

3827
Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

Representative Ehrhart of the 28th moved that the House reconsider its action in failing to recede from its position in amending the Senate substitute to HB 1555.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe Y Bannister Y Barnard Y Barnes N Beasley-Teague N Benfield Y Birdsong Y Black
Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks Y Broome Y Brown E Bruce E Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers

Y Day N Dean Y Deloach N Dix Y Dodson Y Dollar Y Dooley Y Douglas N Drenner N Dukes Y Ehrhart Y Elrod N Epps Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin N Gardner Y Golick
Graves, D Y Graves, T N Greene N Greene-Johnson
Hanner E Harbin Y Harper N Harrell

E Hill, C.A Hill, V
Y Hines N Holmes Y Houston N Howard N Howell N Hudson N Hugley N Jackson N James N Jamieson
Jenkins, C Y Jenkins, C.F Y Jones N Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord N Lucas Y Lunsford N Maddox N Mangham
Manning N Marin Y Martin

N Mitchell N Mobley N Moraitakis Y Morris N Mosby Y Mosley Y Murphy, J N Murphy, Q N Noel
Oliver, B N Oliver, M Y O'Neal N Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston N Randall Y Ray
Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L Y Rogers, C

Y Sholar N Sims N Sinkfield Y Skipper Y Smith, B Y Smith, L N Smith, P
Smith, T Y Smith, V N Smyre Y Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson Y Stokes Y Stoner Y Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson Y Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson

3828
Y Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford N Cummings

JOURNAL OF THE HOUSE

Y Heard, J N Heard, K Y Heath N Heckstall Y Hembree N Henson Y Hill, C

Y Massey Y Maxwell N McBee Y McCall
McClinton Y Millar Y Mills

Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 98, nays 65. The motion prevailed.

Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

Representative Smith of the 13th, Post 2 stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Channell of the 77th moved that the House recede from its position in amending the Senate substitute to HB 1555.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe Y Bannister Y Barnard Y Barnes N Beasley-Teague N Benfield Y Birdsong
Black Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks Y Broome Y Brown E Bruce E Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Butler Y Campbell Y Casas

Y Day Y Dean N Deloach Y Dix Y Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart Y Elrod N Epps Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T Y Greene N Greene-Johnson Y Hanner E Harbin Y Harper

E Hill, C.A N Hill, V Y Hines N Holmes Y Houston Y Howard N Howell Y Hudson N Hugley N Jackson N James N Jamieson E Jenkins, C Y Jenkins, C.F Y Jones N Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin

N Mitchell N Mobley N Moraitakis Y Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel
Oliver, B N Oliver, M Y O'Neal N Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L

Y Sholar N Sims N Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P N Smith, T Y Smith, V N Smyre Y Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson Y Walker, L Y Walker, R.L N Warren Y Watson Y Westmoreland Y White

Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, APRIL 7, 2004

N Harrell Y Heard, J N Heard, K Y Heath N Heckstall Y Hembree N Henson Y Hill, C

Y Martin Y Massey Y Maxwell Y McBee Y McCall N McClinton Y Millar Y Mills

Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 106, nays 62. The motion prevailed.

3829
Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

Representative Ehrhart of the 28th moved that the House agree to the Senate substitute to HB 1555.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe Y Bannister Y Barnard Y Barnes N Beasley-Teague N Benfield N Birdsong Y Black Y Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks Y Broome Y Brown E Bruce E Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B

Y Day N Dean Y Deloach Y Dix Y Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart Y Elrod N Epps Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T Y Greene N Greene-Johnson Y Hanner E Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath N Heckstall

E Hill, C.A N Hill, V Y Hines N Holmes Y Houston Y Howard N Howell Y Hudson N Hugley N Jackson N James Y Jamieson E Jenkins, C Y Jenkins, C.F Y Jones N Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell N McBee Y McCall

N Mitchell N Mobley N Moraitakis Y Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel Y Oliver, B N Oliver, M Y O'Neal N Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor

Y Sholar Y Sims N Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P N Smith, T Y Smith, V N Smyre Y Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson N Stokes Y Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson Y Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R

3830
Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Hembree N Henson Y Hill, C

N McClinton Y Millar Y Mills

Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 109, nays 63. The motion prevailed.

Y Wix Y Yates
Coleman, Speaker

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute to the following bills of the Senate:
SB 478. By Senators Thomas of the 54th, Hamrick of the 30th, Smith of the 52nd, Unterman of the 45th, Levetan of the 40th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 19 of the O.C.G.A., relating to marriage generally, so as to revise certain provisions relating to application for a marriage license; to revise certain provisions relating to the filing and transmission of application supplement-marriage reports; to amend Chapter 10 of Title 31 of the O.C.G.A., to provide for the establishment of the State Office of Vital Records within the Department of Human Resources; to revise certain powers of the state registrar; to repeal Code Section 31-10-21, relating to record of marriage licenses; to repeal Code Section 31-10-22, to change references to "vital records registration system" to "State Office of Vital Records" throughout Chapter 10 of Title 31; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 511. By Senators Bulloch of the 11th, Hill of the 4th, Seabaugh of the 28th, Balfour of the 9th, Gillis of the 20th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, so as to change certain provisions relating to treatment of agricultural facilities and operations as nuisances; to provide that certain agricultural support facilities shall not be or become nuisances due to changed conditions in or around the locations of such facilities; to repeal conflicting laws; and for other purposes.

WEDNESDAY, APRIL 7, 2004

3831

SB 603. By Senators Cagle of the 49th, Thompson of the 33rd and Bowen of the 13th:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for photographic speed-monitoring systems; to provide for definitions and operating requirements relative to such photographic speed-monitoring systems; to provide for a civil monetary penalty for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following bill of the House:
HB 923. By Representatives Heard of the 75th and McBee of the 74th:
A BILL to amend Article 4 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable under the Georgia Judicial Retirement System, so as to provide that a member of such retirement system who is a vested member in a local retirement system and who has not withdrawn his or her contributions shall be entitled to have all of the employer and employee contributions paid by or on behalf of such member transferred to the Georgia Judicial Retirement System; and for other purposes.
The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
HB 1751. By Representatives Stephens of the 123rd, Channell of the 77th, Parrish of the 102nd and Barnard of the 121st, Post 1:
A BILL to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for the circumstances under which the Board of Community Health may contract for the coverage of employees of governmental entities; and for other purposes.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 1335. By Representatives Boggs of the 145th, Greene of the 134th, Crawford of the 91st and Walker of the 115th:
A BILL to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment for crimes, so as to provide that the superior court sentence review panel shall be required to provide an

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JOURNAL OF THE HOUSE

opinion or memorandum of decision when a sentence is reduced; to clarify sentences subject to review; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hamrick of the 30th, Unterman of the 45th, and Harp of the 16th.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 1359. By Representatives Thomas Morgan of the 33rd, Post 2, Dean of the 49th, Wix of the 33rd, Post 1 and Powell of the 23rd:
A BILL to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to provide that a barber shop may employ apprentice barbers, each of whom must be under the supervision of a separate master barber; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Seabaugh of the 28th, Brush of the 24th, and Moody of the 27th.
The Senate has disagreed to the House amendment to the Senate amendment to the following bill of the House:
HB 1414. By Representatives Bannister of the 70th, Post 1, Parsons of the 29th, Mitchell of the 61st, Post 3, Heard of the 70th, Post 3, Massey of the 24th and others:
A BILL to amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to the use of proceeds from the special purpose 1 percent sales and use tax, so as to require annual publication of certain audit information; and for other purposes.
The Senate recedes from its amendment to the following bill of the House:
HB 1568. By Representative Mitchell of the 61st, Post 3:
A BILL to amend Code Section 37-2-6.1 of the Official Code of Georgia Annotated, relating to program director, staff, budget, facilities, powers and duties, and exemption from taxation of community service boards, so as to provide that no community service board shall employ any person who is receiving a retirement benefit from the Employees' Retirement System of Georgia except in compliance with the provisions of Code Section 47-2-110; and for other purposes.

WEDNESDAY, APRIL 7, 2004

3833

The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 1935. By Representatives Mitchell of the 61st, Post 3, Smyre of the 111th, Hugley of the 113th, Stanley-Turner of the 43rd, Post 2, Anderson of the 100th and others:
A RESOLUTION recognizing and supporting "Take a Loved One to the Doctor Day"; and for other purposes.
The Senate has adopted the reports of the Committees of Conference on the following bills of the House:
HB 1181. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2004 and ending June 30, 2005; and for other purposes.
HB 1766. By Representatives James of the 114th, Ray of the 108th, Williams of the 128th, Mosley of the 129th, Post 1, Black of the 144th and others:
A BILL to create the Aquaculture Division within the Department of Agriculture and provide for its powers and duties; to create the Aquaculture Development Advisory Council and provide for its powers and duties; to amend reserved Chapter 15 of Title 2 of the Official Code of Georgia Annotated, so as to strike the reserved designation; to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated; to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated; to amend Title 2 of the Official Code of Georgia Annotated; to amend Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated; to amend Title 27 of the Official Code of Georgia Annotated; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following bill of the Senate:
SB 182. By Senators Meyer von Bremen of the 12th, Johnson of the 1st and Dean of the 31st:
A BILL to be entitled an Act to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances, so as to change definitions; to clarify the procedures for imposition and collection of nuisance abatement liens; to clarify procedures relating to the collection of tax

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JOURNAL OF THE HOUSE
liens; to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change provisions relating to judicial in rem tax foreclosures; to incorporate changes made to Chapter 2 of Title 41; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 514. By Senators Cagle of the 49th, Starr of the 44th and Lee of the 29th:
A BILL to be entitled an Act to amend Code Section 50-17-23 of the Official Code of Georgia Annotated, relating to general obligation and guaranteed revenue debts, so as to authorize the issuance of general obligation bonds bearing interest at variable rates; to provide for procedures, conditions, and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Representative Royal of the 140th moved that the House adhere to its position in insisting on its substitute to SB 514 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Royal of the 140th, Jamieson of the 22nd and Heard of the 75th.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 1156. By Representatives Powell of the 23rd, Smith of the 13th, Post 2 and Snow of the 1st:
A BILL to amend Article 3 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the officers of the Department of Transportation, so as to provide that the commissioner of transportation shall

WEDNESDAY, APRIL 7, 2004

3835

have the authority to appoint and employ investigators; to provide for powers of such investigators; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend HB 1156 by adding after "investigators;" on line 3 of page 1 the following:
"to provide for a streetcar transportation program;".
By adding a new Section 2 to read as follows:
"SECTION 2. The department will form a pilot program that will provide a state level flow through point for any available federal funding or other forms of financial and development sources and assistance for local, regional, and public-private streetcar projects. Any funding through bonds for such pilot and grant program shall be administered by the State Road and Tollway Authority."
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.

Representative Powell of the 23rd moved that the House agree to the Senate amendment to HB 1156.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong
Black Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome N Brown

Y Day Dean
Y Deloach Y Dix Y Dodson
Dollar Y Dooley N Douglas Y Drenner
Dukes Ehrhart Y Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster

E Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson E Jenkins, C Y Jenkins, C.F Y Jones Y Jordan N Joyce N Keen

N Mitchell Y Mobley Y Moraitakis
Morris Y Mosby N Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish N Parsons
Porter Y Powell

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet

3836
E Bruce E Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter Y Burmeister Y Butler N Campbell N Casas N Chambers
Channell Childers N Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

N Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene N Greene-Johnson
Hanner E Harbin Y Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson N Hill, C

N Knox Y Lane N Lewis
Lord Lucas Lunsford Y Maddox Mangham Y Manning Y Marin Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Millar N Mills

Y Purcell N Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson Y Roberts, J Y Roberts, L N Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott
Shaw N Sheldon

On the motion, the ayes were 112, nays 41. The motion prevailed.

Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L
Warren Y Watson N Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

Representative Mangham of the 62nd 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 Mosley of the 129th, Post 1 stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate amendment to the House amendment to the Senate substitute thereto:

HB 1175. By Representatives Jamieson of the 22nd, Greene of the 134th, Oliver of the 56th, Post 2, Stephens of the 123rd, Graves of the 106th and others:
A BILL to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to provide for applicability of such chapter with respect to cosmetology training programs operated by the Department of Corrections, the instructors of such programs, or inmates enrolled in such programs; and for other purposes.

WEDNESDAY, APRIL 7, 2004 The following Senate amendment was read:

3837

The Senate moves to amend the House amendment to the Senate substitute to HB 1175 by striking lines 2 and 3 of page 1.
By striking lines 4, 5, and 6 of page 1 and inserting in lieu thereof the following:
"Amend the Senate substitute to HB 1175 by striking the period and quotation marks at the end of line 23 of page 1 and inserting in their place the following:
'; provided, however, that the board shall not apply the provisions of paragraph (4) of subsection (a) of Code'".

Representative Jamieson of the 22nd moved that the House agree to the Senate amendment to the House amendment to the Senate substitute to HB 1175.

On the motion, 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
Birdsong Black Boggs Y Bordeaux Borders Y Bridges N Brock Y Brooks Y Broome N Brown E Bruce E Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell N Casas Y Chambers Channell

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson
Hanner E Harbin Y Harper Y Harrell
Heard, J

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 E Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Keen N Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Marin Y Martin Y Massey

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby N Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham
Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S N Rice N Richardson Y Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch.

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 Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren
Watson Y Westmoreland N White Y Wilkinson Y Willard

3838
Y Childers Y Coan Y Coleman, B
Cooper Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson N Hill, C

Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Royal Y Rynders
Sailor N Scott Y Shaw Y Sheldon

On the motion, the ayes were 137, nays 20. The motion prevailed.

Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

Representative Mosley of the 129th, Post 1 stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bills of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:

HB 923. By Representatives Heard of the 75th and McBee of the 74th:
A BILL to amend Article 4 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable under the Georgia Judicial Retirement System, so as to provide that a member of such retirement system who is a vested member in a local retirement system and who has not withdrawn his or her contributions shall be entitled to have all of the employer and employee contributions paid by or on behalf of such member transferred to the Georgia Judicial Retirement System; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 923
The Committee of Conference on HB 923 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 923 be adopted.
Respectfully submitted,

WEDNESDAY, APRIL 7, 2004

3839

FOR THE SENATE:
/s/ Hudgens Senator, 47th District
/s/ B. Kemp Senator, 46th District
/s/ Hall Senator, 22nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Cummings Representative, 19th District
/s/ Heard Representative, 75th District
/s/ Williams Representative, 61st District, Post 2

A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide for creditable service in the Employees Retirement System of Georgia for certain temporary full-time service; to provide for payment; to define a certain term; to provide that certain administrative law judges shall be eligible for membership in such retirement system; to provide for an election of membership; to provide for a transfer of contributions to such retirement system from the Employees Retirement System of Georgia; to provide for an award of creditable service on an actuarial basis; to provide that a member of the Georgia Judicial Retirement System who is a vested member in a local retirement system and who has not withdrawn his or her contributions shall be entitled to have all of the employer and employee contributions paid by or on behalf of such member transferred to the Georgia Judicial Retirement System; to provide that such member shall be credited with such creditable service in this retirement system as the amount so transferred will warrant without creating any accrued actuarial unfunded liability as to the retirement system; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking Code Section 47-2-96.1, relating to creditable service in the Employees Retirement System of Georgia for certain temporary full-time service, and inserting in lieu thereof the following:
"47-2-96.1. (a) As used in this Code section, 'temporary full-time service' means employment by the legislative branch of the state government prior to January 1, 1996 July 1, 2004, on a full-time basis for less than nine months in any calendar year that did not qualify the employee to be a member of the retirement system.

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JOURNAL OF THE HOUSE

(b) Any member who rendered temporary full-time service prior to becoming a permanent full-time employee eligible for membership in the retirement system may obtain no more than ten years of creditable service for such service on a month-formonth basis, subject to the following requirements:
(1) One month of creditable service shall be granted for each 20 days of temporary full-time service, not to exceed 12 months of creditable service for all temporary fulltime service rendered during any single calendar year, provided that no creditable service shall be granted for less than 60 days of part-time service during a calendar year; and (2) The member claiming such creditable service shall pay to the board of trustees the employer and employee contribution that would have been paid to the retirement system if the member had been a member during the period for which creditable service is claimed based on compensation actually received for the temporary fulltime service which is claimed as creditable service together with regular interest thereon; provided, however, that any member making application on or after July 1, 2004, shall pay to the board of trustees an amount determined by the actuary as necessary to grant such benefit without creating any actuarial accrued liability as to the retirement system. (c) The board of trustees shall require such proof of part-time service and compensation received therefor as may be necessary to carry out the provisions of this Code section. (d) In order to obtain creditable service under this Code section, a member must make application to the board of trustees not later than January 1, 1999 2005. (e) Nothing in this Code section shall be construed as to allow any former member of the General Assembly to obtain credit for prior legislative service."
SECTION 2. Said title is further amended by inserting at the end of Article 3 of Chapter 23, relating to membership in the Georgia Judicial Retirement System, a new Code section to read as follows:
"47-23-50. (a) As used in this Code section, the term 'administrative law judge' means any fulltime administrative law judge appointed pursuant to Article 2 of Chapter 9 of Title 34 or Article 2 of Chapter 13 of Title 50 and who is employed in a full-time position requiring admission to the State Bar of Georgia as a condition of employment. (b) Any administrative law judge may make an irrevocable election to become a member by so notifying the board of trustees not later than December 31, 2004, or within 90 days after becoming so employed, whichever date is later. (c) Any such person who on July 1, 2004, had prior service as an administrative law judge shall be entitled to creditable service in this retirement system only for actual service in such position. Upon the members request, the Employees Retirement System of Georgia shall transfer to this retirement system all employer and employee contributions paid by or on behalf of any such member with regular interest thereon.

WEDNESDAY, APRIL 7, 2004

3841

The member is authorized, but not required, to pay to the board of trustees such additional amount as the member desires, each payment to be made within 12 months of electing to become a member of this retirement system. Such member shall receive only such creditable service, not to exceed the actual years of service, as that amount will warrant without creating any accrued liability to this retirement system."
SECTION 3. Said title is further amended by inserting at the end of Article 4 of Chapter 23, relating to service creditable under the Georgia Judicial Retirement System a new Code section to read as follows:
"47-23-65. (a) A member of this retirement system who prior to becoming a member was a vested member in a local retirement system of this state and who has not withdrawn his or her contributions from such retirement system shall be entitled to have all of the employer and employee contributions paid by or on behalf of such member transferred from the local retirement system to this retirement system. (b) Any member wishing to have funds transferred as provided in subsection (a) of this Code section shall notify the board of trustees of the local retirement system and the board of trustees of this retirement system. Such notice shall be given not later than December 31, 2004, or within 90 days of becoming a member of this retirement system, whichever is later. Within 60 days of such notice, the local retirement system shall transfer the higher of:
(1) The employer and employee contributions paid by or on behalf of such member, together with 5 percent per annum compounded annually; or (2) The present value of the members anticipated benefit, using the actuarial equivalence and the mortality table adopted by the local retirement system, to the board of trustees of this retirement system. The member shall then be credited with such creditable service in this retirement system as the amount so transferred will warrant without creating any accrued actuarial unfunded liability as to this retirement system."
SECTION 4. This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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Representative Heard of the 75th moved that the House adopt the report of the Committee of Conference on HB 923.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome
Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister
Butler Y Campbell Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming
Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Y Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K
Heath Y Heckstall Y Hembree Y Henson Y Hill, C

E Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson E Jenkins, C Y Jenkins, C.F
Jones Y Jordan Y Joyce
Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning
Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham
Parrish Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson 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 motion, the ayes were 156, nays 1. The motion prevailed.

SB 182. By Senators Meyer von Bremen of the 12th, Johnson of the 1st and Dean of the 31st:

WEDNESDAY, APRIL 7, 2004

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A BILL to be entitled an Act to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances, so as to change definitions; to clarify the procedures for imposition and collection of nuisance abatement liens; to clarify procedures relating to the collection of tax liens; to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change provisions relating to judicial in rem tax foreclosures; to incorporate changes made to Chapter 2 of Title 41; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 182

The Committee of Conference on SB 182 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 182 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Don Balfour Senator, 9th District

/s/ Tom Bordeaux Representative, 125th District

/s/ Dan Moody Senator, 27th District

/s/ Tom Campbell Representative, 39th District

/s/ David J. Shafer Senator, 48th District

/s/ Jim Stokes Representative, 72nd District

A BILL
To amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances, so as to change definitions; to clarify the procedures for imposition and collection of nuisance abatement liens; to clarify procedures relating to the collection of tax liens; to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change provisions relating to judicial in rem tax

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foreclosures; to incorporate changes made to Chapter 2 of Title 41; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances, is amended by striking in its entirety Code Section 41-2-8, relating to definitions, and inserting in lieu thereof the following:
"41-2-8. As used in Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17, the term:
(1) 'Applicable codes' means (A) any optional housing or abatement standard provided in Chapter 2 of Title 8 as adopted by ordinance or operation of law, or other property maintenance standards as adopted by ordinance or operation of law, or general nuisance law, relative to the safe use of real property; (B) any fire or life safety code as provided for in Chapter 2 of Title 25; and (C) any building codes adopted by local ordinance prior to October 1, 1991, or the minimum standard codes provided in Chapter 2 of Title 8 after October 1, provided that such building or minimum standard codes for real property improvements shall be deemed to mean those building or minimum standard codes in existence at the time such real property improvements were constructed unless otherwise provided by law. (2) 'Closing' means causing a dwelling, building, or structure to be vacated and secured against unauthorized entry. (3) 'Drug crime' means an act which is a violation of Article 2 of Chapter 13 of Title 16, known as the 'Georgia Controlled Substances Act.' (4) 'Dwellings, buildings, or structures' means any building or structure or part thereof used and occupied for human habitation or commercial, industrial, or business uses, or intended to be so used, and includes any outhouses, improvements, and appurtenances belonging thereto or usually enjoyed therewith and also includes any building or structure of any design. As used in Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17, the term 'dwellings, buildings, or structures' shall not mean or include any farm, any building or structure located on a farm, or any agricultural facility or other building or structure used for the production, growing, raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products. (5) 'Governing authority' means the board of commissioners or sole commissioner of a county or the council, board of commissioners, board of aldermen, or other legislative body charged with governing a municipality. (6) 'Interested party' means:
(A) Owner;

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(B) Those parties having an interest in the property as revealed by a certification of title to the property conducted in accordance with the title standards of the State Bar of Georgia; (C) Those parties having filed a notice in accordance with Code Section 48-3-9; (D) Any other party having an interest in the property whose identity and address are reasonably ascertainable from the records of the petitioner or records maintained in the county courthouse or by the clerk of the court. 'Interested party' shall not include the holder of the benefit or burden of any easement or right of way whose interest is properly recorded which interest shall remain unaffected; and (E) Persons in possession of said property and premises. (6)(7) 'Municipality' means any incorporated city within this state. (7)(8) 'Owner' means the holder of the title in fee simple and every mortgagee of record. (8) 'Parties in interest' means: (A) Persons in possession of said property and premises; (B) Persons having of record in the county in which the dwelling, building, or structure is located any vested right, title, or interest in or lien upon such dwelling, building, or structure or the lot, tract, or parcel of real property upon which the structure is situated or upon which the public health hazard or general nuisance exists based upon a 50 year title examination conducted in accordance with the title standards of the State Bar of Georgia; (C) Persons having paid an occupational tax to the governing authority for a location or office at the subject building or structure; or (D) Persons having filed a property tax return with the governing authority as to the subject property, building, or structure. (9) 'Public authority' means any member of a governing authority, any housing authority officer, or any officer who is in charge of any department or branch of the government of the municipality, county, or state relating to health, fire, or building regulations or to other activities concerning dwellings, buildings, or structures in the county or municipality. (10) 'Public officer' means the officer or officers who are authorized by Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17 and by ordinances adopted under Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17 to exercise the powers prescribed by such ordinances or any agent of such officer or officers. (11) 'Repair' means altering or improving a dwelling, building, or structure so as to bring the structure into compliance with the applicable codes in the jurisdiction where the property is located and the cleaning or removal of debris, trash, and other materials present and accumulated which create a health or safety hazard in or about any dwelling, building, or structure. (12) 'Resident' means any person residing in the jurisdiction where the property is located on or after the date on which the alleged nuisance arose."

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SECTION 2. Said chapter is further amended in Code Section 41-2-9, relating to county or municipal ordinances relating to unfit buildings or structures, by striking subsections (a) and (b) and inserting in lieu thereof the following:
"(a) In addition to any other remedies or enforcement mechanisms available, upon the adoption of an ordinance finding that dwelling, building, or structure conditions of the character described in Code Section 41-2-7 exist within a county or municipality, the governing body of such county or municipality is authorized to adopt ordinances relating to the dwellings, buildings, or structures within such county or municipality which are unfit for human habitation or commercial, industrial, or business uses and not in compliance with applicable codes, which are vacant and being used in connection with the commission of drug crimes, or which constitute an endangerment to the public health or safety as a result of unsanitary or unsafe conditions. Such ordinances shall include at least the following provisions:
(1) That it is the duty of the owner of every dwelling, building, structure, or property within the jurisdiction to construct and maintain such dwelling, building, structure, or property in conformance with applicable codes in force within the jurisdiction, or such ordinances which regulate and prohibit activities on property and which declare it to be a public nuisance to construct or maintain any dwelling, building, structure, or property in violation of such codes or ordinances; (2) That a public officer be designated or appointed to exercise the powers prescribed by the ordinances; (3) That whenever a request is filed with the public officer by a public authority or by at least five residents of the municipality or by five residents of the unincorporated area of the county if the property in question is located in the unincorporated area of the county charging that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the public officer shall make an investigation or inspection of the specific dwelling, building, structure, or property. If the officers investigation or inspection identifies that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the public officer may issue a complaint in rem against the lot, tract, or parcel of real property on which such dwelling, building, or structure is situated or where such public health hazard or general nuisance exists and shall cause summons and a copy of the complaint to be served on the owner and parties in interest in interested parties for such dwelling, building, or structure. The complaint shall identify the subject real property by appropriate street address and official tax map reference; identify the owner and parties in interest interested parties; state with particularity the factual basis for the

WEDNESDAY, APRIL 7, 2004

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action; and contain a statement of the action sought by the public officer to abate the alleged nuisance. The summons shall notify the owner and parties in interest interested parties that a hearing will be held before a court of competent jurisdiction as determined by Code Section 41-2-5, at a date and time certain and at a place within the county or municipality where the property is located. Such hearing shall be held not less than 15 days nor more than 45 days after the filing of said complaint in the proper court. The owner and parties in interest interested parties shall have the right to file an answer to the complaint and to appear in person or by attorney and offer testimony at the time and place fixed for hearing; (4) That if, after such notice and hearing, the court determines that the dwelling, building, or structure in question is unfit for human habitation or is unfit for its current commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the court shall state in writing findings of fact in support of such determination and shall issue and cause to be served upon the owner and any parties in interest interested parties that have answered the complaint or appeared at the hearing an order:
(A) If the repair, alteration, or improvement of the said dwelling, building, or structure can be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in the order, to repair, alter, or improve such dwelling, building, or structure so as to bring it into full compliance with the applicable codes relevant to the cited violation and, if applicable, to secure the structure so that it cannot be used in connection with the commission of drug crimes; or (B) If the repair, alteration, or improvement of the said dwelling, building, or structure in order to bring it into full compliance with applicable codes relevant to the cited violations cannot be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in the order, to demolish and remove such dwelling, building, or structure and all debris from the property. For purposes of this Code section, the court shall make its determination of 'reasonable cost in relation to the present value of the dwelling, building, or structure' without consideration of the value of the land on which the structure is situated; provided, however, that costs of the preparation necessary to repair, alter, or improve a structure may be considered. Income and financial status of the owner shall not be factor in the courts determination. The present value of the structure and the costs of repair, alteration, or improvement may be established by affidavits of real estate appraisers with a Georgia appraiser classification as provided in Chapter 39A of Title 43, qualified building contractors, or qualified building inspectors without actual testimony presented. Costs of repair, alteration, or improvement of the structure shall be the cost necessary to bring the structure into compliance with the applicable codes relevant to the cited violations in force in the jurisdiction;

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(5) That, if the owner fails to comply with an order to repair or demolish the dwelling, building, or structure, the public officer may cause such dwelling, building, or structure to be repaired, altered, or improved or to be vacated and closed or demolished. Such abatement action shall commence within 270 days after the expiration of time specified in the order for abatement by the owner. Any time during which such action is prohibited by a court order issued pursuant to Code Section 41-213 or any other equitable relief granted by a court of competent jurisdiction shall not be counted toward the 270 days in which such abatement action must commence. The public officer shall cause to be posted on the main entrance of the building, dwelling, or structure a placard with the following words:
'This building is unfit for human habitation or commercial, industrial, or business use and does not comply with the applicable codes or has been ordered secured to prevent its use in connection with drug crimes or constitutes an endangerment to public health or safety as a result of unsanitary or unsafe conditions. The use or occupation of this building is prohibited and unlawful.'; (6) If the public officer has the structure demolished, reasonable effort shall be made to salvage reusable materials for credit against the cost of demolition. The proceeds of any moneys received from the sale of salvaged materials shall be used or applied against the cost of the demolition and removal of the structure, and proper records shall be kept showing application of sales proceeds. Any such sale of salvaged materials may be made without the necessity of public advertisement and bid. The public officer and governing authority are relieved of any and all liability resulting from or occasioned by the sale of any such salvaged materials, including, without limitation, defects in such salvaged materials; and (7) That the amount of the cost of demolition, including all court costs, appraisal fees, administrative costs incurred by the county tax commissioner or municipal tax collector or city revenue officer, and all other costs necessarily associated with the abatement action, including restoration to grade of the real property after demolition, shall be a lien against the real property upon which such cost was incurred. (b)(1) The lien provided for in paragraph (7) of subsection (a) of this Code section shall attach to the real property upon the filing of a certified copy of the order requiring repair, closure, or demolition in the office of the clerk of superior court in the county where the real property is located and shall relate back to the date of the filing of the lis pendens notice required under subsection (g) (c) of Code Section 41-212. The clerk of superior court shall record and index such certified copy of the order in the deed records of the county and enter the lien on the general execution docket. The lien shall be superior to all other liens on the property, except liens for taxes to which the lien shall be inferior, and shall continue in force until paid. After filing a certified copy of the order with the clerk of superior court, the public officer shall forward a copy of the order and a final statement of costs to the county tax commissioner. (2) Upon final determination of costs, fees, and expenses incurred in accordance with this chapter, the public officer responsible for enforcement actions in accordance with

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this chapter shall transmit to the appropriate county tax commissioner or municipal tax collector or city revenue officer a statement of the total amount due and secured by said lien, together with copies of all notices provided to interested parties. The statement of the public officer shall be transmitted within 90 days of completion of the repairs, demolition, or closure. It shall be the duty of the appropriate county tax commissioner to collect the amount of the lien in conjunction with the collection of ad valorem taxes on the property and or municipal tax collector or city revenue officer, who is responsible or whose duties include the collection of municipal taxes, to collect the amount of the lien as if it were a real property ad valorem tax, using all methods available for collecting real property ad valorem taxes, including specifically Chapter 4 of Title 48; provided, however, that the limitation of Code Section 48-4-78 which requires 12 months of delinquency before commencing a tax foreclosure shall not apply. A county tax commissioner shall collect and enforce municipal liens imposed pursuant to this chapter in accordance with Code Section 48-5-359.1. The county tax commissioner or municipal tax collector or city revenue officer shall remit the amount collected to the governing authority of the county or municipality whose ordinance lien is being collected enforced. Thirty days after imposition of the lien, the unpaid lien amount shall bear interest and penalties in the same amount as applicable to interest and penalties on unpaid real property ad valorem taxes. (2) Where the remittance is to a municipality, the tax commissioner shall collect and retain an amount equal to the cost of administering a lien authorized by this chapter unless such costs are waived by resolution of the county governing authority. Any such amount collected and retained for administration shall be deposited in the general fund of the county to pay the cost of administering the lien. (3) Enforcement of liens pursuant to this Code section may be initiated at any time following receipt by the county tax commissioner or municipal tax collector or city revenue officer of the final determination of costs in accordance with this chapter. The unpaid lien amount shall bear interest and penalties from and after the date of final determination of costs in the same amount as applicable to interest and penalties on unpaid real property ad valorem taxes. An enforcement proceeding pursuant to Code Section 48-4-78 for delinquent ad valorem taxes may include all amounts due under this chapter. (4) The redemption amount in any enforcement proceeding pursuant to this Code section shall be the full amount of the costs as finally determined in accordance with this Code section together with interest, penalties, and costs incurred by the governing authority, county tax commissioner, municipal tax collector, or city revenue officer in the enforcement of such lien. Redemption of property from the lien may be made in accordance with the provisions of Code Sections 48-4-80 and 48-4-81."
SECTION 3. Said chapter is further amended by striking Code Section 41-2-12, relating to service of complaints or orders upon parties in interest and owners of unfit buildings or structures, in its entirety and inserting in lieu thereof the following:

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"41-2-12. (a) Complaints issued by a public officer pursuant to an ordinance adopted under Code Sections 41-2-7 through 41-2-11, this Code section, and Code Sections 41-2-13 through 41-2-17 shall be served in the following manner. In all cases, a copy of the complaint and summons shall be conspicuously posted on the subject dwelling, building, or structure within three business days of filing of the complaint and at least ten days prior to the date of the hearing. A copy of the complaint and summons shall be served in one of the following ways: (1) Personal service upon each owner and party in interest if such parties are residents of the county. Service shall be perfected at least ten days prior to the date of the hearing. Service may be made by the public officer designated by ordinance to abate nuisances or by any law enforcement officer of the county or municipality whose ordinance is being enforced; and a return of service, filed with the clerk of the appropriate court, shall be deemed sufficient proof that service was perfected;
(2) Pursuant to the provisions of Article 5 of Chapter 4 of Title 48; or (3) Statutory overnight delivery. (b) If any owner or party in interest is a resident of this state but resides outside of the county, service shall be perfected by certified mail or statutory overnight delivery, return receipt requested, to the most recent address shown in county tax filings and mailed at least 14 days prior to the date of the hearing. At least 14 days prior to the date of the hearing, the public officer shall mail copies of the complaint by certified mail or statutory overnight delivery, return receipt requested, to all interested parties whose identity and address are reasonably ascertainable. Copies of the complaint shall also be mailed by first-class mail to the property address to the attention of the occupants of the property, if any, and shall be posted on the property within three business days of filing the complaint and at least 14 days prior to the date of the hearing. (c)(b) For interested parties Nonresidents of this state, whose mailing address is known, shall be served by certified mail or statutory overnight delivery, return receipt requested, mailed at least 14 days prior to the date of the hearing. For nonresidents whose mailing address is unknown, a notice stating the date, time, and place of the hearing shall be published in the newspaper in which the sheriffs advertisements appear in such county once a week for two consecutive weeks prior to the hearing. (d) In the event either the owner or any party in interest is a minor, an estate, an incompetent person, or person laboring under disabilities, the guardian or other personal representative of such person shall be served and if such guardian or personal representative resides outside the county or is a nonresident of this state, he or she shall be served as provided for in subsection (c) of this Code section. If such owner or party in interest has no guardian or personal representative, service shall be perfected by serving the judge of the probate court of the county wherein such property is located at least 30 days prior to the date of the hearing which judge shall stand in the place of and protect the rights of such minor, estate, or incompetent person or appoint a guardian ad litem for such person.

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(e) In the event of unknown persons or unborn remaindermen who are likely to have any rights in the property or interest or the proceeds thereof, the judge of the probate court of the county wherein such property or interest is located shall be personally served at least 30 days prior to the date of the hearing, and it shall be the duty of the judge of the probate court to stand in the place of and protect the rights of such unknown parties or unborn remaindermen. (f) In the event the whereabouts of any owner or party in interest is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence or if any owner or party in interest cannot, after due diligence, be served as provided in this Code section, the public officer shall make an affidavit to that effect and serve by publication in the manner provided in subsection (c) of this Code section, and such publication shall be sufficient proof that service was perfected. (g)(c) A notice of lis pendens shall be filed in the office of the clerk of superior court in the county in which the dwelling, building, or structure is located at the time of filing the complaint in the appropriate court. Such notice shall have the same force and effect as other lis pendens notices provided by law. (h)(d) Orders and other filings made subsequent to service of the initial complaint shall be served in the manner provided in this Code section on the owner and any party in interest interested party who answers the complaint or appears at the hearing. Any interested party who fails to answer or appear at the hearing shall be deemed to have waived all further notice in the proceedings."
SECTION 4. Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, is amended in Code Section 48-4-76, relating to judicial in rem tax foreclosures, by adding a new subsection (d) to read as follows:
"(d) The enforcement proceedings authorized by this article may be initiated by a county, by a municipality, by one acting on behalf of the other pursuant to contract, or by joint action in a single proceeding."
SECTION 5. Said chapter is further amended in Code Section 48-4-78, relating to identification of tax delinquent properties and commencement of tax foreclosure, by striking subsection (a) and inserting in lieu thereof the following:
"(a) After an ad valorem tax lien, based upon a digest approved in accordance with the law, has become payable and is past due and thereby delinquent, a tax commissioner or other tax collector, as appropriate, may identify those properties on which to commence a tax foreclosure in accordance with this article. The tax commissioner or other tax collector, as appropriate, shall not commence tax foreclosure in accordance with this article for a period of 12 months following the date upon which the taxes initially became delinquent. Once enforcement proceedings have commenced in accordance with the provisions of this article, the enforcement proceedings may be amended to include any and all ad valorem taxes which become delinquent subsequent to the date

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of the initial ad valorem tax lien that was the original basis for the enforcement proceedings."
SECTION 6. This Act shall become effective on July 1, 2004.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Bordeaux of the 125th moved that the House adopt the report of the Committee of Conference on SB 182.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
Channell Y Childers
Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach
Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

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 E Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham
Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C Y 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 Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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 Westmoreland Y White
Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

WEDNESDAY, APRIL 7, 2004 On the motion, the ayes were 160, nays 0. The motion prevailed.

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Representative Beasley-Teague of the 48th, Post 2 stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time:

SB 153. By Senators Unterman of the 45th, Mullis of the 53rd and Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to qualifying fees, so as to revise the procedure for the calculation of qualifying fees for certain county officials; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide that it shall be illegal for certain persons to engage in certain voter registration and other election related activities; to provide a penalty; to authorize the use of the boundaries of a gated community as the boundaries of a precinct; to require detail maps and certain other information to be maintained; to require that such communities be open to the public on election days; to provide for related matters; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by adding a new subsection (g) to Code Section 21-2-

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214, relating to qualifications of registrars and deputy registrars, to read as follows: "(g)(1) It shall be illegal for a person who has been convicted of a violation of this chapter or has been found by a court or an administrative body of this state to have violated any of the provisions of this chapter to: (A) Be a registrar or deputy registrar; (B) Distribute applications for voter registration; (C) Transfer or transport electors to the polls to vote; (D) Be a poll watcher; (E) Be or remain within 150 feet of the outer edge of a building in which a polling place is located during the hours that the polls are open on an election day except to cast his or her own ballot; (F) Have in his or her possession or control an absentee ballot application or absentee ballot of any elector other than himself or herself; or (G) Transfer or transport electors to the office of the registrars or absentee ballot clerk to vote an absentee ballot. (2) A person who is convicted of a violation of paragraph (1) of this subsection upon the first conviction shall be guilty of a misdemeanor of a high and aggravated nature. A person who violates paragraph (1) of this subsection upon a second or subsequent conviction shall be guilty of a felony and shall upon conviction be sentenced to serve one to three years imprisonment or pay a fine not to exceed $10,000.00, or both."
SECTION 2. Said chapter is further amended by striking Code Section 21-2-261.1, relating to boundary requirements for precincts, and inserting in lieu thereof a new Code Section 212-261.1 to read as follows:
"21-2-261.1. (a) All voting precincts established or altered under the provisions of this article shall consist of areas which are bounded on all sides only by:
(1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps, current census maps, city or county planning maps, official municipal maps, official county maps, or any combination of such maps; (1.1)(2) The boundaries of public parks; (1.2)(3) The boundaries of public school grounds; (1.3)(4) The boundaries of churches; or (2)(5) The boundaries of counties and incorporated municipalities; or (6) The boundaries of a gated residential community. (b) The superintendent of a county or the governing authority of a municipality shall notify the board of registrars within ten days after such changes are adopted. (c) The superintendent of a county or the governing authority of a municipality shall file with the Secretary of State and the Legislative and Congressional Reapportionment Office:

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(1) A map reflecting any changes in precincts within 20 days after the changes are made; (2) A copy of any communications to or from the United States Department of Justice relating to any precincts within 20 days after such communication is sent or received; (3) A copy of any pleading initiating a court action potentially affecting any precincts within 30 days after it is filed; (4) A copy of any court order affecting any precincts within 20 days after it is entered; and (5) For precincts that use the boundaries of a gated residential community, a map clearly delineating the boundaries of the community and clearly depicting the streets contained within such community and a list of the streets within such community and the address ranges of such streets; and (6) Any other documentation necessary to allow the Secretary of State to maintain a current listing of all precincts in the state."
SECTION 3. Said chapter is further amended by adding a new subsection (c) to Code Section 21-2266, relating to polling places, to read as follows:
"(c) When the boundaries of a gated residential community are used as the boundaries for a precinct and a polling place is established within such gated residential community for the use of the voters in such precinct, such gated community and polling place shall be open to full and complete access by the public when such polling place is in use on the day of a general or special primary or general or special election, including the time while poll officers are setting up the polling place prior to the opening of the polls, the time while the polls are open, and the time while the poll officers are completing the tabulation of the votes, election paperwork, and similar functions after the close of the polls. Such gated community and polling place shall also be open to full and complete access by the election superintendent, investigators of the State Election Board, all affected candidates and their representatives, and the public in the event of a recount or recanvass of the votes cast in any primary or election involving such precinct and polling place conducted at such precinct and polling place. In addition, in the event of a contest or challenge to the results of any primary or election involving such precinct and polling place, the election superintendent, upon reasonable notice and at reasonable times, may require such gated community and polling place to be open to full and complete access by the election superintendent, investigators of the State Election Board, and all affected candidates and their representatives for the purpose of determining the issues involved in such contest or challenge."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. In the event that Section 1, 2, or 3 of this Act is not

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precleared under Section 5 of the federal Voting Rights Act of 1965, as amended, such section or sections shall be automatically repealed by operation of law and the section or sections that are precleared shall continue in force and effect.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Stokes of the 72nd and Sims of the 130th move to amend the Committee substitute to SB 153 as follows:
On page one line 15 delete "a court or".

Representatives Westmoreland of the 86th, Keen of the 146th and Walker of the 115th move to amend the Committee substitute to SB 153 by inserting after "so as" on line 2 on page 1 "to provide for the burden of proof in hearings challenging a candidates qualifications based upon residency; to provide for an award of costs and attorneys fees for frivolous or harassing candidate qualification challenges; to provide for certain rebuttable presumptions concerning residency;".
By redesignating Sections 2 through 5 as Sections 5 through 8, respectively.
By inserting after "amended" on line 12 on page 1 the following:
"by adding new subsections (b.1) and (f) to Code Section 21-2-5, relating to the determinations of qualifications of candidates for federal and state office, to read as follows:
'(b.1) If a challenge to a candidates qualifications is based upon whether the candidate meets the residency requirements to seek the office for which such candidate is offering for nomination or election, the burden of proof at the hearing shall be on such candidate to demonstrate that such candidate meets the residency requirements to seek such office.' '(f) If the administrative law judge or hearing officer finds as a part of the initial decision that the challenge filed by an elector under this Code section was frivolous, was totally without a legal or factual basis, or was brought solely for the purpose of harassment of the candidate, the administrative law judge or hearing officer may recommend that the Secretary of State award costs and reasonable attorneys fees in defending such challenge to the candidate and against the elector.'

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SECTION 2. Said chapter is further amended by adding new subsections (b.1) and (f) to Code Section 21-2-6, relating to the determinations of qualifications of candidates for county and municipal office, to read as follows:
'(b.1) If a challenge to a candidates qualifications is based upon whether the candidate meets the residency requirements to seek the office for which such candidate is offering for nomination or election, the burden of proof at the hearing shall be on such candidate to demonstrate that such candidate meets the residency requirements to seek such office.' '(f) If the superintendent finds that the challenge filed by an elector under this Code section was frivolous, was totally without a legal or factual basis, or was brought solely for the purpose of harassment of the candidate, the superintendent may award costs and reasonable attorneys fees in defending such challenge to the candidate and against the elector.'
SECTION 3. Said chapter is further amended".
By inserting after line 7 on page 2 the following:
"SECTION 4. Said chapter is further amended by adding a new subsection (c) to Code Section 21-2217, relating to rules for determining residency, to read as follows:
'(c) In hearings to determine a challenge to the qualifications of a candidate based upon residency, the following presumptions shall apply, but may be rebutted by a preponderance of the evidence adduced at a hearing on such challenge:
(1) The residence of a candidate shall be presumed not to be in buildings or structures which are used primarily for commercial or business purposes; (2) The residence of a candidate shall be presumed not to be in any motorized vehicle, camper, or other vehicle which is readily moveable and is not permanently affixed to the property on which it is located; (3) The residence of a candidate shall be presumed not to be on any property on which there is no permanent dwelling structure; (4) In the case of a candidate who moves his or her place of residency from a location outside the district from which such candidate desires to be elected to a residence located within such district within the 60 day period prior to the date on which such candidate must be a resident of the district in order to qualify to seek such office or within 60 days prior to qualifying to seek the office, the residence of a candidate for purposes of seeking elective office shall be presumed to remain at the site of the candidates previous residence; (5) The residence of a candidate shall be presumed to be at the dwelling place where such candidate resides a majority of his or her nonworking hours; and

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(6) The residence of a candidate shall be presumed to be at the dwelling place where such candidate spends a majority of his or her nights.'"

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, 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 Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach
Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

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
Jamieson E Jenkins, C Y Jenkins, C.F Y Jones
Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B
Oliver, M Y O'Neal Y Orrock Y Parham
Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray
Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw
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 Y Stephenson Y Stokes Y Stoner
Teilhet Y Teper
Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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On the passage of the Bill, by substitute, as amended, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Porter of the 119th moved that the House reconsider its action in giving the requisite constitutional majority to SB 153.

On the motion, the roll call was ordered and the vote was as follows:

Amerson Y Anderson Y Ashe N Bannister N Barnard N Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux N Borders N Bridges N Brock Y Brooks Y Broome N Brown E Bruce E Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers
Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

N Day Y Dean N Deloach Y Dix N Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart
Elrod Y Epps N Fleming Y Floyd, H N Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson N Hanner E Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree
Henson N Hill, C

E Hill, C.A N Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell N Hudson Y Hugley Y Jackson Y James Y Jamieson E Jenkins, C N Jenkins, C.F N Jones Y Jordan N Joyce N Keen N Knox N Lane N Lewis N Lord Y Lucas N Lunsford Y Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee N McCall Y McClinton
Millar N Mills

Y Mitchell Y Mobley Y Moraitakis N Morris Y Mosby N Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B
Oliver, M N O'Neal
Orrock Y Parham
Parrish N Parsons Y Porter N Powell N Purcell N Ralston Y Randall N Ray
Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L N Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott N Shaw
Sheldon

Y Sholar N Sims Y Sinkfield
Skipper N Smith, B N Smith, L Y Smith, P N Smith, T N Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson N Stokes
Stoner Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Thompson N Walker, L N Walker, R.L Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Wix N Yates Coleman, Speaker

On the motion, the ayes were 66, nays 90.

3860 The motion was lost.

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SR 760. By Senators Kemp of the 46th, Zamarripa of the 36th, Tate of the 38th and Hamrick of the 30th:
A RESOLUTION creating the Joint Early Learning Initiative Commission; and for other purposes.

The following substitute, offered by Representatives Holmes of the 48th, Post 1 and McBee of the 74th, was read and adopted:

A RESOLUTION
Creating the Improvement of Georgias Pre-K Program Joint Study Commission; and for other purposes.
WHEREAS, more than 566,750 of Georgias four year-old children have received Pre-K services totaling more than $2.124 billion; and
WHEREAS, the Pre-K Program is funded by proceeds from the Georgia Lottery for Education; and
WHEREAS, the members of the General Assembly want to assure the continuing and future availability of sufficient funds for the Pre-K Program.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Improvement of Georgias Pre-K Program Joint Study Commission to be composed of 20 members. The Senate Committee on Assignments shall appoint four members of the Senate as members of the commission and shall designate one of such members as cochairperson. The Speaker of the House of Representatives shall appoint four members of the House of Representatives as members of the commission and shall designate one of such members as cochairperson. The Governor shall appoint eight members of the commission which shall include: two members with expertise relating to early education; one private for profit Pre-K program teacher; one public nonprofit Pre-K program teacher; one parent of a child attending a for profit Pre-K program; one parent of a child attending a public nonprofit Pre-K program; the director of a private for profit Pre-K program; and the director of a public nonprofit Pre-K program. The director of the Office of School Readiness, director of the Georgia Lottery Corporation, the director of the Georgia Student Finance Commission, and the state school superintendent shall also serve.

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BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate to improve the Pre-K program for the future. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. Members of the commission who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. The University of Georgia Carl Vinson Institute of Government and legislative staff support services are authorized and directed to provide clerical and staff support to the commission. Employees of the University of Georgia Carl Vinson Institute of Government and of the General Assembly shall receive no additional compensation for their services to the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties for the commission in the same manner as they are reimbursed for expenses in their capacities as state employees. All other funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the Senate and House of Representatives. The expenses and allowances authorized by this resolution shall not be received by any member of the commission for more than five days unless additional days are authorized. In the event the commission makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2004. The committee shall stand abolished on December 31, 2004.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.

On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

N Amerson Anderson
Y Ashe

Y Day Dean
Y Deloach

E Hill, C.A Y Hill, V Y Hines

Y Mitchell Y Mobley Y Moraitakis

Y Sholar Y Sims Y Sinkfield

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Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome N Brown E Bruce E Buck Y Buckner, D Y Buckner, G
Bunn Burkhalter N Burmeister Y Butler Y Campbell N Casas N Chambers Channell Y Childers N Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes
Ehrhart Elrod Y Epps Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Henson N Hill, C

Y Holmes Y Houston Y Howard
Howell Hudson Hugley Y Jackson Y James Y Jamieson E Jenkins, C Y Jenkins, C.F Jones Y Jordan N Joyce Y Keen Y Knox Y Lane N Lewis Y Lord Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Massey Y Maxwell Y McBee Y McCall Y McClinton Millar N Mills

Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham
Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray
Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal
Rynders Sailor Y Scott Y Shaw N Sheldon

Skipper N Smith, B Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet
Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

On the adoption of the Resolution, by substitute, the ayes were 122, nays 24.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Representative Teper of the 42nd, Post 1 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.

The following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

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SB 553. By Senators Williams of the 19th and Kemp of the 46th:
A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for an exception for design-build on the limitations on the power of the department to contract; to provide for the development of design-build procedures for the construction of any public road or other transportation purpose project; to define a term; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for an exception for design-build on the limitations on the power of the department to contract; to provide for the development of designbuild procedures for the construction of any public road or other transportation purpose project; to define a term; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by striking paragraph (1) of subsection (d) of Code Section 32-2-61, relating to limitations on power to contract, in its entirety and inserting in its place the following:
"(d)(1) The department is prohibited from negotiating any contract for the construction or maintenance of a public road involving the expenditure of $50,000.00 or more except any contract:
(A) With counties, municipalities, and state agencies, provided that such negotiated contract shall be made at the average bid price of the same kind of work let to contract after advertisement during a period of 60 days prior to the making of the contract; (B) With a railroad company or utility concerning relocation of its tracks or facilities where the same are not then located on a public road and such relocation is necessary as an incident to the construction or improvement of a public road. However, nothing contained in this subsection shall be construed as requiring the department to furnish a site or right of way for railroad or railway lines or tracks or utility facilities required to be removed from a public road. Furthermore, this

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subsection shall not prevent the department from assisting in the removal and relocation of publicly owned utilities from locations on public roads as provided in Code Section 32-6-170; (C) For emergency construction or maintenance involving the expenditure of $50,000.00 or more when the public interest requires that the work be done without the delay of advertising for public bids; (D) For the procurement of business, professional, or other services from any person, firm, or corporation as an independent contractor; or (E) With the State Road and Tollway Authority; or (F) Through the provisions of a design-build contract as provided for in Code Section 32-2-81."
SECTION 2. Said title is further amended by adding a new Code Section 32-2-81 to read as follows:
"32-2-81. (a) As used in this Code section, the term 'design-build procedure' means a method of contracting under which the department contracts with another party for the party to both design and build the structures, facilities, and other items specified in the contract. (b) When the department determines that it is in the best interests of the public, the department may combine any or all of the environmental services, right of way services, design services, and construction phases of a public road or other transportation purpose project into a single contract using a design-build procedure. Design-build contracts may be advertised and awarded notwithstanding the requirements of paragraph (1) of subsection (d) of Code Section 32-2-61. However, construction activities may not begin on any portion of such projects until title to the necessary rights of way and easements for the construction of that portion of the project has vested in the state or a local governmental entity and all railroad crossing and utility agreements have been executed. (c) The department shall adopt by rule procedures for administering design-build contracts. Such procedures shall include, but not be limited to:
(1) Prequalification requirements; (2) Public advertisement procedures; (3) Scope of service requirements; (4) Letters of interest requirements; (5) Request for proposals; (6) Criteria for evaluating technical information and project costs; (7) Criteria for selection and award process, provided that the rules shall specify that the criteria for selection shall consist of the following minimum two components:
(i) A statement of qualifications from which the department will determine a list of qualified firms for the project; and (ii) From the list of firms, a price proposal from which the department shall select the lowest most responsive bidder; provided, however, that a proposal will only be

WEDNESDAY, APRIL 7, 2004

3865

considered nonresponsive if it does not contain all the information and level of detail requested in the request for proposal. A proposal shall not be deemed to be nonresponsive solely on the basis of minor irregularities in the proposal that do not directly affect the ability to fairly evaluate the merits of the proposal. Notwithstanding the requirements of Code Section 36-91-21, under no circumstance shall the department use a "best and final offer" standard in awarding the contract; and (8) Criteria for resolution of contract issues. (d) The department must receive at least three letters of interest in order to proceed with a request for proposals. The department shall request proposals from no fewer than three of the design-build firms submitting letters of interest. If a design-build firm withdraws from consideration after the department requests proposals, the department may continue if at least two proposals are received. (e) The department may use the design-build procedure for buildings, bridges and approaches, rail corridors, and limited or controlled access projects, or projects that may be constructed within existing rights of way where the scope of work can be clearly defined. (f) In contracting for design-build projects, the department shall be limited to contracting for no more than $100 million per fiscal year. (g) Not later than 90 days after the end of the fiscal year, the department shall provide to the chairman of the House Transportation Committee, the chairman of the Senate Transportation Committee, the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives a report on each project that has been awarded during the fiscal year using the design-build contracting method. This report shall contain an explanation of each project that was awarded to other than the low bid proposal citing the specific reason for such rejection. This report shall be made available for public information."
SECTION 3. This Act shall become effective on July 1, 2004.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Smith of the 13th, Post 2 et al., was read and adopted:

A BILL
To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for an exception for design-build on the limitations

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on the power of the department to contract; to provide for the development of designbuild procedures for the construction of any public road or other transportation purpose project; to define a term; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by striking paragraph (1) of subsection (d) of Code Section 32-2-61, relating to limitations on power to contract, in its entirety and inserting in its place the following:
"(d)(1) The department is prohibited from negotiating any contract for the construction or maintenance of a public road involving the expenditure of $50,000.00 or more except any contract:
(A) With counties, municipalities, and state agencies, provided that such negotiated contract shall be made at the average bid price of the same kind of work let to contract after advertisement during a period of 60 days prior to the making of the contract; (B) With a railroad company or utility concerning relocation of its tracks or facilities where the same are not then located on a public road and such relocation is necessary as an incident to the construction or improvement of a public road. However, nothing contained in this subsection shall be construed as requiring the department to furnish a site or right of way for railroad or railway lines or tracks or utility facilities required to be removed from a public road. Furthermore, this subsection shall not prevent the department from assisting in the removal and relocation of publicly owned utilities from locations on public roads as provided in Code Section 32-6-170; (C) For emergency construction or maintenance involving the expenditure of $50,000.00 or more when the public interest requires that the work be done without the delay of advertising for public bids; (D) For the procurement of business, professional, or other services from any person, firm, or corporation as an independent contractor; or (E) With the State Road and Tollway Authority; or (F) Through the provisions of a design-build contract as provided for in Code Section 32-2-81."
SECTION 2. Said title is further amended by adding a new Code Section 32-2-81 to read as follows:
"32-2-81. (a) As used in this Code section, the term 'design-build procedure' means a method of contracting under which the department contracts with another party for the party to both design and build the structures, facilities, and other items specified in the contract.

WEDNESDAY, APRIL 7, 2004

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(b) The department may use the design-build procedure for buildings, bridges and approaches, rail corridors, and limited or controlled access projects or projects that may be constructed within existing rights of way where the scope of work can be clearly defined or when a significant savings in project delivery time can be attained and when the estimated bid cost does not exceed $10 million. (c) When the department determines that it is in the best interests of the public, the department may combine any or all of the environmental services, right of way services, design services, and construction phases of a public road or other transportation purpose project into a single contract using a design-build procedure. Design-build contracts may be advertised and awarded notwithstanding the requirements of paragraph (1) of subsection (d) of Code Section 32-2-61. However, construction activities may not begin on any portion of such projects until title to the necessary rights of way and easements for the construction of that portion of the project has vested in the state or a local governmental entity and all railroad crossing and utility agreements have been executed. (d) The department shall adopt by rule procedures for administering design-build contracts. Such procedures shall include, but not be limited to:
(1) Prequalification requirements; (2) Public advertisement procedures; (3) Scope of service requirements; (4) Letters of interest requirements; (5) Request for proposals. Requests for proposal shall include the applicable percentage to be applied to each evaluation criterion and the relative weight to be assigned to each; (6) Criteria for evaluating technical information and project costs; (7) Criteria for selection and award process, provided that the rules shall specify that the criteria for selection shall consist of the following minimum two components:
(A) A statement of qualifications from which the department will determine a list of qualified firms for the project; and (B) From the list of qualified firms as provided in subparagraph (A) of this paragraph, a price proposal from each firm from which the department shall select the lowest, most responsive bidder; provided, however, that a proposal will only be considered nonresponsive if it does not contain all the information and level of detail requested in the request for proposal. A proposal shall not be deemed to be nonresponsive solely on the basis of minor irregularities in the proposal that do not directly affect the ability to fairly evaluate the merits of the proposal. Notwithstanding the requirements of Code Section 36-91-21, under no circumstances shall the department use a 'best and final offer' standard in awarding a contract; and (8) Criteria for resolution of contract issues. (e) The department must receive at least three letters of interest in order to proceed with a request for proposals. The department shall request proposals from no fewer than three of the design-build firms submitting letters of interest. If a design-build firm

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withdraws from consideration after the department requests proposals, the department may continue if at least two proposals are received. (f) In contracting for design-build projects, the department shall be limited to contracting for no more than $100 million per fiscal year. (g) Not later than 90 days after the end of the fiscal year, the department shall provide to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and chairmen of the House and Senate Transportation Committees a summary containing all the projects awarded during the fiscal year using the design-build contracting method. Included in the report shall be an explanation for projects awarded to other than the low bid proposal. This report shall be made available for public information."
SECTION 3. This Act shall become effective on July 1, 2004.
SECTION 4. 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, by substitute.

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
Beasley-Teague Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Bunn Y Burkhalter Y Burmeister

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart
Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson

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 E Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox

Y Mitchell Y Mobley
Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M
O'Neal Y Orrock Y Parham
Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice

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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M
Thompson Y Walker, L Y Walker, R.L Y Warren

Y Butler Y Campbell Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, APRIL 7, 2004

Y Hanner E Harbin
Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee
McCall Y McClinton
Millar Y Mills

Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott
Shaw Y Sheldon

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Y Watson 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 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SR 563. By Senators Johnson of the 1st, Mullis of the 53rd, Williams of the 19th and Stephens of the 51st:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the people have the right to hunt, fish, and harvest game, subject only to reasonable restrictions as the General Assembly may prescribe by general law; to provide for submission of this amendment for ratification or rejection; and for other purposes.

The following substitute, offered by Representative Shaw of the 143rd et al., was read:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide a requirement of probable cause for a law enforcement officer to stop, board, inspect, or examine recreational vessels less than 30 feet in length in fresh water without consent under certain circumstances; to provide exceptions; to provide for submission of such amendment for ratification or rejection; proposing an amendment to the Constitution so as to provide that the tradition of fishing and hunting and the taking of fish and wildlife shall be preserved for the people and shall be managed by law and regulation for the public good; to provide for submission of such amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

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PART I SECTION 1-1. Article I, Section I of the Constitution is amended by striking Paragraph XIII, relating to searches and seizures, and inserting in lieu thereof the following: "Paragraph XIII. Searches, seizures, and warrants. (a) The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue except upon probable cause supported by oath or affirmation particularly describing the place or places to be searched and the persons or things to be seized. (b) No recreational vessel less than 30 feet in length that is in fresh water shall be stopped, boarded, inspected, or examined by any law enforcement officer for purposes of enforcing any law, rule, or regulation relating to game and fish or boating without the express consent of the owner or operator of the vessel unless the law enforcement officer has probable cause to believe a violation of such law, rule, or regulation that he or she is authorized to enforce has been committed by the owner or operator of or passenger in such vessel; provided, however, that the probable cause requirement of this subparagraph shall not apply when the occupants of such vessel are actively engaged in fishing or hunting or engaged in any commercial activity."
SECTION 1-2. The above proposed amendment to the Constitution provided in Section 1-1 of this resolution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide a requirement of probable cause for a law enforcement officer to stop, board, inspect, or
( ) NO examine recreational vessels less than 30 feet in length in fresh water without consent under certain circumstances?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
PART II SECTION 2-1. Article I, Section I of the Constitution is amended by renumbering Paragraph XXVIII as Paragraph XXIX and inserting a new Paragraph XXVIII to read as follows: "Paragraph XXVIII. Fishing and hunting. The tradition of fishing and hunting and the taking of fish and wildlife shall be preserved for the people and shall be managed by law and regulation for the public good."

WEDNESDAY, APRIL 7, 2004

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SECTION 2-2. The above proposed amendment to the Constitution provided in Section 2-1 of this resolution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that the tradition of fishing and hunting and the taking of fish and wildlife shall be preserved for the people and shall be managed by law and regulation for the public good?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following amendment was read:

Representative Crawford of the 91st moves to amend the Floor substitute to SR 563 as follows:
Strike on line 23 the words "probable cause" and insert in its place the words "reasonable suspicion".
Strike on line 25 the words "probable cause" and insert in its place the words "reasonable suspicion".
-Pg 2- line 7 Strike the words "probable cause and insert into its place "reasonable suspicion".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Beasley-Teague Y Benfield Y Birdsong N Black N Boggs

Y Day N Dean Y Deloach Y Dix N Dodson Y Dollar
Dooley N Douglas Y Drenner Y Dukes Y Ehrhart

E Hill, C.A N Hill, V Y Hines
Holmes N Houston Y Howard
Howell N Hudson N Hugley Y Jackson N James

N Mitchell N Mobley Y Moraitakis N Morris
Mosby N Mosley N Murphy, J N Murphy, Q Y Noel Y Oliver, B Y Oliver, M

N Sholar Sims
N Sinkfield Skipper
N Smith, B Y Smith, L
Smith, P N Smith, T N Smith, V N Smyre Y Snow

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Y Bordeaux N Borders N Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck N Buckner, D Y Buckner, G Y Bunn
Burkhalter Y Burmeister Y Butler N Campbell Y Casas Y Chambers N Channell Y Childers N Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

N Elrod Epps
Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster N Franklin N Gardner N Golick Y Graves, D N Graves, T N Greene N Greene-Johnson N Hanner E Harbin N Harper
Harrell N Heard, J N Heard, K Y Heath N Heckstall Y Hembree Y Henson N Hill, C

Y Jamieson N Jenkins, C N Jenkins, C.F Y Jones Y Jordan N Joyce Y Keen N Knox Y Lane N Lewis N Lord N Lucas N Lunsford Y Maddox N Mangham N Manning N Marin Y Martin N Massey Y Maxwell N McBee N McCall
McClinton Millar N Mills

O'Neal Orrock N Parham Parrish Y Parsons Porter N Powell Purcell N Ralston N Randall N Ray Reece, B N Reece, S Y Rice Y Richardson N Roberts, J N Roberts, L N Rogers, C N Rogers, Ch. N Royal N Rynders Sailor Y Scott N Shaw N Sheldon

On the adoption of the amendment, the ayes were 65, nays 88. The amendment was lost.

N Stanley-Turner Y Stephens, E
Stephens, R N Stephenson N Stokes
Stoner Y Teilhet Y Teper N Thomas Morgan N Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson
Westmoreland N White Y Wilkinson N Willard N Williams, A Y Williams, E N Williams, R N Wix Y Yates
Coleman, Speaker

The following amendment was read:

Representative Brown of the 89th moves to amend the Floor substitute to SR 563 as follows:
Strike Sec 1 - 2
Renumber.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson N Ashe Y Bannister

Y Day N Dean N Deloach
Dix

E Hill, C.A N Hill, V Y Hines N Holmes

N Mitchell N Mobley
Moraitakis N Morris

N Sholar Sims
N Sinkfield Skipper

WEDNESDAY, APRIL 7, 2004

Y Barnard N Barnes N Beasley-Teague N Benfield N Birdsong N Black N Boggs
Bordeaux N Borders Y Bridges N Brock N Brooks Y Broome Y Brown E Bruce E Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister N Butler Y Campbell N Casas Y Chambers N Channell N Childers Y Coan Y Coleman, B
Cooper Y Crawford N Cummings

N Dodson Y Dollar
Dooley Y Douglas N Drenner N Dukes Y Ehrhart N Elrod
Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster N Franklin N Gardner N Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson N Hanner E Harbin N Harper
Harrell Y Heard, J N Heard, K
Heath N Heckstall Y Hembree N Henson N Hill, C

N Houston Y Howard N Howell N Hudson N Hugley N Jackson N James
Jamieson N Jenkins, C N Jenkins, C.F
Jones N Jordan N Joyce Y Keen N Knox Y Lane N Lewis N Lord N Lucas N Lunsford N Maddox N Mangham Y Manning N Marin N Martin N Massey Y Maxwell N McBee N McCall
McClinton Y Millar Y Mills

N Mosby N Mosley N Murphy, J N Murphy, Q N Noel N Oliver, B
Oliver, M O'Neal Orrock N Parham Y Parrish Y Parsons Porter N Powell Purcell N Ralston N Randall Y Ray Reece, B Y Reece, S N Rice Y Richardson N Roberts, J N Roberts, L N Rogers, C N Rogers, Ch. N Royal N Rynders Sailor Y Scott N Shaw N Sheldon

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Y Smith, B Smith, L
N Smith, P N Smith, T Y Smith, V
Smyre Y Snow N Stanley-Turner N Stephens, E N Stephens, R N Stephenson N Stokes N Stoner Y Teilhet N Teper
Thomas Morgan N Thomas, A.M N Thompson N Walker, L Y Walker, R.L Y Warren N Watson
Westmoreland N White Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, R N Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 48, nays 103. The amendment was lost.

The following amendment was read and adopted:

Representatives Rice of the 64th, Parham of the 94th and Yates of the 85th, Post 1 move to amend the Floor substitute to SR 563 by adding after the semicolon on line 8 of page 1 the following:
"proposing an amendment to the Constitution so as to provide for special motor vehicle license plates, dedicate the revenue from such plates for stated purposes, and appropriate the revenues so dedicated, including appropriations for the ultimate use of

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JOURNAL OF THE HOUSE

nonprofit organizations where it is found that there will be a benefit to the state; to provide for submission of such amendment for ratification or rejection;".
By adding after line 33 of page 2 the following:
"PART III SECTION 3-1. Article III, Section IX, Paragraph VI of the Constitution, relating to appropriations for specific sums, is amended by adding a new subparagraph to read as follows: '(n) The General Assembly may provide by law for the issuance and renewal of special motor vehicle license plates which motor vehicle owners may optionally purchase and renew for additional fees. The General Assembly may provide for all or a portion of the net revenue, as defined by the General Assembly, derived from the additional fees charged for any such special license plate to be dedicated to a general purpose related to the nature of the special license plate, as intended by the authorizing statute. Revenue which is so dedicated shall be appropriated for such purpose in the general or amended general appropriations Act. The manner of any such appropriation and the public agency to receive such appropriation shall be determined in the general or amended general appropriations Act through the general appropriations process. Any appropriation enacted pursuant to the authority of this subparagraph may be in whole or in part for the ultimate use of a nonprofit organization, without limitation by Article III, Section VI, Paragraph VI, if the General Assembly determines that the license plate program and such appropriation will benefit both the state and the nonprofit organization. Any law enacted pursuant to the authority of this subparagraph may provide that funds appropriated pursuant to such law shall not lapse as otherwise required by of Article III, Section IX, Paragraph IV(c). Any statute which existed on January 1, 2005, and which created a special license plate and appropriated, or expressed an intent to appropriate, revenue shall be subject to the provisions of this subparagraph, but any such law shall also be subject to amendment or repeal by the General Assembly; provided, however, that the dedication of funds for wildlife purposes in Code Section 40-2-49 or any successor statute shall continue without appropriation, and any statute authorized by the first subparagraph (g) of Article III, Section VI, Paragraph VI (proposed by Ga. L. 2000, p. 2001, Section 1) or by subparagraph (l) or (m) of this Paragraph shall not be subject to the provisions of this subparagraph.'
SECTION 3-2. The above proposed amendment to the Constitution provided in Section 3-1 of this resolution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

WEDNESDAY, APRIL 7, 2004

3875

'( ) YES ( ) NO

Shall the Constitution be amended so as to authorize the General Assembly to provide for special motor vehicle license plates, dedicate the revenue from such plates for stated purposes, and appropriate the revenues so dedicated, including appropriations for the ultimate use of nonprofit organizations where it is found that there will be a benefit to the state?'

All persons desiring to vote in favor of ratifying the proposed amendment shall vote

'Yes.' All persons desiring to vote against ratifying the proposed amendment shall vote 'No.' If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state."

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute, as amended.

On the adoption of the Resolution, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson Y Ashe Y Bannister Y Barnard Y Barnes N Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs
Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas

Y Day N Dean
Deloach Y Dix Y Dodson
Dollar Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Y Harper

E Hill, C.A Y Hill, V Y Hines N Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley N Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord N Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal N Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L

Y Sholar Y Sims
Sinkfield Skipper Y Smith, B Smith, L Smith, P Y Smith, T Y Smith, V Smyre Y Snow Stanley-Turner N Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet N Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Westmoreland Y White

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Y Chambers Y Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford N Cummings

JOURNAL OF THE HOUSE

Harrell Heard, J N Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Martin Y Massey Y Maxwell N McBee Y McCall N McClinton Y Millar Y Mills

Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, by substitute, as amended, the ayes were 143, nays 17.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.

Due to a mechanical malfunction, the vote of Representative Heard of the 70th, Post 3 was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 208. By Representatives Fludd of the 48th, Post 4, Moraitakis of the 42nd, Post 4, Oliver of the 56th, Post 2, Stephenson of the 60th, Post 1, Hill of the 81st and others:
A BILL to amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Property Owners' Association Act," so as to clarify the definition of "lots"; to clarify the definition of "lot owner"; to clarify the definition of "property owners' development"; to clarify enforcement powers; to clarify voting procedures for multiple-owner units; to conform proxy requirements to other provisions of the law; and for other purposes.

Representative Fludd of the 48th, Post 4 moved that the House insist on its position in disagreeing to the Senate substitute to HB 208 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

WEDNESDAY, APRIL 7, 2004

3877

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Stephenson of the 60th, Post 1, Moraitakis of the 42nd, Post 4 and Fludd of the 48th, Post 4.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 1248. By Representatives Powell of the 23rd, Parham of the 94th and Reece of the 21st:
A BILL to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and transportation, so as to change certain provisions relating to household goods carriers and services provided by such carriers; to change certain provisions relating to motor contract carriers; to change certain provisions relating to chauffeur permits; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend HB 1248 by inserting on line 3 of page 1, following the word and symbol "carriers;", the following:
"to provide for the imposition and collection of monthly '911' charges for additional periods in those jurisdictions in which the local governing bodies have created a joint authority or which have executed an intergovernmental contract for the provision of emergency '911' services;".
By inserting immediately following line 4 of page 2 the following:
"SECTION 2A. Said title is further amended by adding at the end of Code Section 46-5-138, relating to joint authorities, a new subsection (f) to read as follows:
'(f) Notwithstanding subsection (i) of Code Section 46-5-134, if the joint authority and each local governing body activating the joint authority certify to the service provider in writing prior to the end of the 18 month period in advance of the date on which the "911" service was to have become fully operational that the system cannot be placed in operation on the date originally projected but that all parties are proceeding in a diligent

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JOURNAL OF THE HOUSE

and timely fashion to implement such service, the service provider shall continue to collect the monthly "911" charge for an additional period of 18 months or until the "911" service becomes fully operational, whichever occurs first.'
SECTION 2B. Said title is further amended by striking subsection (a) of Code Section 46-5-138.1, relating to guidelines pertaining to additional charges on exchange access facilities involving contracts between two or more counties, and inserting in its place the following:
'(a) Notwithstanding any provision of paragraph (1) of subsection (a) of Code Section 46-5-134 to the contrary, where two or more counties, none of which offers emergency "911" services on May 1, 1998, and any participating municipalities within such counties, if any, agree by intergovernmental contract to initiate or contract for the joint operation of an emergency "911" system for the first time after May 1, 1998, such local governments may impose a monthly "911" charge which exceeds $1.50 per exchange access facility but only so long as the following procedure is followed:
(1) The participating local governments shall, with input from a local exchange service supplier, prepare an estimated budget for the implementation of the joint emergency "911" system with costs limited to items eligible for funding through the Emergency Telephone System Fund; (2) An estimate of the revenue to be generated by the "911" charge authorized by paragraph (1) of subsection (a) of Code Section 46-5-134 during the first 18 months of collection shall be prepared; (3) If the total amount necessary for implementation of the emergency "911" system in paragraph (1) of this subsection exceeds the estimated revenue from imposition of the "911" charge specified in paragraph (2) of this subsection, the monthly "911" charge per exchange access facility may be increased on a pro rata basis during the first 18 months of collection to the extent necessary to provide revenue sufficient to pay the amount specified in paragraph (1) of this subsection, but in no case shall such monthly charge be greater than $2.50 per exchange access facility. Notwithstanding subsection (i) of Code Section 46-5-134, if each local governing body which is a party to an intergovernmental contract certifies to the service provider in writing prior to the end of the 18 month period in advance of the date on which the "911" service was to have become fully operational that the system cannot be placed in operation on the date originally projected but that all parties are proceeding in a diligent and timely fashion to implement such service, the service provider shall continue to collect the monthly "911" charge for an additional period of 18 months or until the "911" service becomes fully operational, whichever occurs first; and (4) Such local governments comply with the requirements of Code Section 46-5-133 which relate to the imposition of a monthly "911" charge. Nothing in this subsection shall be construed to authorize the imposition of any charge upon a wireless telecommunications connection. Except as otherwise provided in this subsection, the requirements of Code Section 46-5-134 which relate to monthly "911"

WEDNESDAY, APRIL 7, 2004

3879

charges on exchange access facilities shall apply to charges imposed pursuant to this subsection.'"

The following amendment was read and adopted:

Representatives Powell of the 23rd and Skipper of the 116th move to amend the Senate amendment to HB 1248 by inserting after line 7 of page 1 the following:
"By inserting after 'review;' on line 5 of page 1 the following:
'to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to change certain provisions relative to exemptions for weight limitations;'".
By adding after line 27 of page 2 the following:
"By redesignating Section 22 as Section 23 and by adding after Section 21 a new Section 22 to read as follows:
'SECTION 22. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended in Code Section 32-6-26, relating to weight of vehicle and load, by striking subparagraph (g)(1)(D) of said Code section and inserting in its place the following: "(D) Hauling granite, either block or sawed, or any other naturally occurring raw ore or mineral for further processing, from the quarry or stockpile area to a processing plant located in the same or an adjoining county;"'"

Representative Powell of the 23rd moved that the House agree to the Senate amendment, as amended by the House, to HB 1248.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong

Y Day Dean
Y Deloach Y Dix
Dodson Dollar Y Dooley Y Douglas Y Drenner

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley

Y Mitchell Y Mobley Y Moraitakis
Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel

Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V

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Y Black Y Boggs
Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas
Chambers Channell Childers Y Coan Y Coleman, B Cooper Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Dukes Ehrhart
Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Forster Franklin Y Gardner Y Golick Y Graves, D Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jackson Y James Y Jamieson
Jenkins, C Y Jenkins, C.F Y Jones
Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills

Y Oliver, B Oliver, M
Y O'Neal Y Orrock Y Parham
Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 147, nays 0. The motion prevailed.

Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y 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
Watson Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

Representative Forster of the 3rd, Post 1 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.

The following Bills and Resolution of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:

HB 239. By Representatives Lunsford of the 85th, Post 2, Westmoreland of the 86th, Campbell of the 39th, Keen of the 146th and Maddox of the 59th, Post 2:
A BILL to amend Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to inmate records and earned time allowances in county correctional facilities, so as to change provisions relating to earned time

WEDNESDAY, APRIL 7, 2004

3881

allowances; to increase the maximum amount of earned time which may be awarded when an inmate does work on an authorized work detail; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 239

The Committee of Conference on HB 239 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 239 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Seabaugh Senator, 28th District

/s/ John Lunsford Representative, 85th District, Post 2

/s/ Jeff E. Mullis Senator, 53rd District

/s/ Debbie G. Buckner Representative, 109th District

/s/ Bill Hamrick Senator, 30th District

/s/ Gerald Greene Representative, 134th District

A BILL
To amend Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to inmate records and earned time allowances in county correctional facilities, so as to change provisions relating to earned time allowances; to increase the maximum amount of earned time which may be awarded when an inmate does work on an authorized work detail; to provide exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to inmate records and earned time allowances in county correctional facilities, is amended by

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striking subsection (b) and inserting in its place a new subsection to read as follows: "(b)(1) The sheriff, chief jailer, warden, or other officer designated by the county as custodian of inmates confined as county inmates for probation violations of felony offenses or as provided in subsection (a) of Code Section 17-10-3 may award earned time allowances to such inmates based on institutional behavior. Earned time allowances shall not be awarded which exceed one-half of the period of confinement imposed, except that the sheriff or other custodian may authorize the award of not more than four days credit for each day on which an inmate does work on an authorized work detail; provided, however, that such increased credit for performance on a work detail shall not apply to an inmate who is incarcerated for: (A) A second or subsequent offense of driving under the influence under Code Section 40-6-391 within a five-year period of time, as measured from the date of any previous arrest for which a conviction was obtained or a plea of nolo contendere was accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted; (B) A misdemeanor of a high and aggravated nature; or (C) A crime committed against a family member as defined in Code Section 19-131. (2) While an inmate sentenced to confinement as a county inmate is in custody as a county inmate, the custodian of such inmate may award an earned time allowance consistent with this subsection and subsection (b) of Code Section 17-10-4 based on the institutional behavior of such inmate while in custody as a county inmate. (3) An inmate sentenced to confinement as a county inmate shall be released at the expiration of his or her sentence less the time deducted for earned time allowances."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Lunsford of the 85th, Post 2 moved that the House adopt the report of the Committee of Conference on HB 239.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux

Y Day Y Dean Y Deloach Y Dix
Dodson Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod

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 Mitchell Y 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 Sholar Sims
Y Sinkfield Y Skipper Y Smith, B
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner

Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin
Harper Y Harrell Y Heard, J Y Heard, K
Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton
Millar Y Mills

Y Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 158, nays 0. The motion prevailed.

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Y Stephens, E Y Stephens, R Y 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 Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

SB 449. By Senators Seabaugh of the 28th and Balfour of the 9th:
A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the O.C.G.A., relating to accountants, so as to repeal certain provisions relating to registered public accountants; to provide that public accountants shall upon application be certificated as certified public accountants; to remove references to registered public accountants; to amend Chapter 40 of Title 43 of the O.C.G.A., relating to real estate brokers and salespersons; to amend Article 13 of Chapter 1 of Title 7 of the O.C.G.A., relating to licensing of mortgage lenders and mortgage brokers, to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

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COMMITTEE OF CONFERENCE REPORT ON SB 449

The Committee of Conference on SB 449 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 449 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ D. Balfour Senator, 9th District

/s/ Jamieson Representative, 22nd District

/s/ Mitch Seabaugh Senator, 28th District

/s/ Houston Representative, 139th District

/s/ Dan Moody Senator, 27th District

/s/ Greene Representative, 134th District

A BILL
To amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to repeal certain provisions relating to registered public accountants; to provide that public accountants shall upon application be certificated as certified public accountants; to remove references to registered public accountants; to change certain provisions relating to use of titles and devices, false or fraudulent claims, and regulation of solicitation of employment; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to remove references to registered public accountants; to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to engineers and land surveyors, so as to change requirements for eligibility for certification as an engineer-in-training and eligibility for a certificate of registration as a professional engineer; to change requirements for eligibility for certification as a land surveyor-in-training and for a certificate of registration as a land surveyor; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate the practice of soil science; to provide for a short title; to provide for legislative purpose; to define certain terms; to provide for inapplicability; to provide for the State Licensing Board for Professional Soil Scientists; to provide for board powers and duties; to provide for certain records; to provide for filing and service of documents; to provide for applications; to provide for eligibility; to provide for licensing; to provide for refusal and discipline; to provide for seals; to provide for a code of professional conduct; to provide for charges of

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violations; to require utilization of licensees by government entities; to provide for a legal adviser; to provide for exemptions; to make certain acts unlawful; to provide punishment for violations; to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, so as to remove references to registered public accountants; to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against health and morals, so as to remove references to registered public accountants; to provide for related matters; to provide for effective dates; to provide for certain funding contingencies; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, is amended by striking Code Section 43-3-13, relating to requirements for certificate of "registered public accountant," and inserting in its place the following:
"43-3-13. Notwithstanding any other provision of this chapter, on and after July 1, 2004, each registered public accountant who holds a live permit and who is in good standing shall upon application be certificated as a certified public accountant. On and after July 1, 2004, the board shall not consider any application for a certificate of registered public accountant."
SECTION 2. Said chapter is further amended by repealing and reserving Code Section 43-3-14, relating to examinations for registered public accountants; Code Section 43-3-16, relating to certificate holder as "registered public accountant," list of registered public accountants, and periodic registration; Code Section 43-3-18, relating to reciprocity for registered public accountants; and Code Section 43-3-19, relating to persons holding registered public accountant certificates as of July 1, 1977.
SECTION 3. Said chapter is further amended by striking subsection (b) of Code Section 43-3-21, relating to registration requirements for firms of public accountants or certified public accountants, by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively, and by striking subsection (a) and inserting in its place the following:
"(a) A firm practicing public accountancy in this state shall register with the board as a firm of certified public accountants, provided it meets the following requirements:
(1) Each partner, member, or shareholder of the firm shall be a certified or registered public accountant of some state in good standing; (2) The firm shall be in compliance with all requirements and provisions of state law governing the organizational form of the firm;

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(3) The firm shall comply with all regulations pertaining to firms registered with the board; and (4) The resident manager of the office of the firm and each partner, member, or shareholder thereof personally engaged within this state in the practice of public accountancy shall be a certified or registered public accountant of this state in good standing."
SECTION 4. Said chapter is further amended by striking subsection (a) and paragraph (1) of subsection (b) of Code Section 43-3-24, relating to issuance of permits to practice accountancy and issuance of temporary permits to nonresidents, and inserting in their place the following:
"(a) A permit to engage in the practice of public accountancy in this state shall be issued by the division director, at the direction of the board, to each person who is certificated as a certified public accountant under Code Sections 43-3-6 through 43-312, registered as a public accountant under Code Sections 43-3-13 through 43-3-19, or registered as a foreign accountant under Code Section 43-3-20 who shall have furnished evidence, satisfactory to the board, of compliance with the requirements of Code Section 43-3-25, and to individuals and firms registered under Code Section 43-3-21, provided that such entities are maintained and registered as required under Code Sections 43-3-21 and 43-3-23. There shall be a biennial permit fee in an amount to be determined by the board."
"(1) An applicant for a temporary permit under this subsection shall show that he or she is duly licensed and authorized to practice as a certified public accountant or as a firm of certified public accountants or the equivalent in another state or as a registered public accountant or as a firm of registered public accountants or the equivalent in another state and shall give the name of each person who will be engaged in the practice of public accounting in this state in the performance of the professional engagement which is the subject of the application;"
SECTION 5. Said chapter is further amended by striking subsection (a) of Code Section 43-3-25, relating to continuing professional education requirements, and inserting in its place the following:
"(a) Every application for renewal of a live permit by any individual who is and has been certificated as a certified public accountant, registered as a registered public accountant, or registered as a foreign accountant by this state for one year or more shall be accompanied or supported by such evidence as the board shall prescribe of satisfactory completion of continuing professional education as provided in this Code section, provided that the board may relax or suspend requirements of continuing professional education in instances where an applicants health requires it or in instances of individual hardship."

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SECTION 6. Said chapter is further amended by striking the introductory language of subsection (a) of Code Section 43-3-28, relating to revocation, suspension, or refusal to renew certificate, registration, or permit and immunity, and inserting in its place the following:
"(a) After notice and hearing as provided in Code Section 43-3-30, the board may revoke or suspend any certification issued under Code Sections 43-3-6 through 43-3-12 or a registration issued under Code Sections 43-3-13 through 43-3-19 or under Code Section 43-3-20 or may revoke, suspend, or refuse to renew any live permit or may censure the holder of any such permit for any cause which the board may deem sufficient, including, without limiting the generality of the foregoing, any one or any combination of the following causes:"
SECTION 7. Said chapter is further amended by striking subsections (c) and (d) of Code Section 43-335, relating to use of titles or devices, false or fraudulent claims, and regulation of solicitation of employment, by redesignating subsections (f), (g), (h), and (i) as subsections (d), (e), (f), and (g), respectively, and by striking subsection (e) and inserting in its place the following:
"(e)(c) No individual, firm, or any other person or entity shall assume or use: (1) any title or designation likely to be confused with 'certified public accountant,' or 'public accountant,' including, without limiting the generality of the foregoing, 'certified accountant,' 'enrolled accountant,' 'licensed accountant,' 'licensed public accountant,' or 'registered accountant'; or (2) any abbreviation likely to be confused with 'C.P.A.,' or 'P.A.,' including, without limiting the generality of the foregoing, 'C.A.,' 'E.A.,' 'R.A.,' 'L.A.,' or 'L.P.A.,' provided that nothing in this subsection shall be construed to prohibit the use of the abbreviation 'P.A.' in accordance with Chapter 10 of Title 14, 'The Georgia Professional Association Act,' or Chapter 7 of Title 14, the 'Georgia Professional Corporation Act,' or any abbreviation authorized by Chapter 11 of Title 14, the 'Georgia Limited Liability Company Act'; and, provided, further, that a foreign accountant registered under Code Section 43-3-20 who holds a live permit and all of whose offices in this state for the practice of public accountancy are maintained and registered as required under Code Sections 43-3-21 and 43-3-23 may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received his or her certificate, license, or degree."
SECTION 8. Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to engineers and land surveyors, is amended by striking Code Section 43-15-8, relating to eligibility for certification as an engineer-in-training, and inserting in lieu thereof the following:
"43-15-8. (a) To be eligible for certification as an engineer-in-training, an applicant applying prior to July 1, 2010, must meet the following minimum requirements:

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(1)(A) Graduate in an engineering curriculum of not less than four years from a school or college approved by the board; and (B) Pass a written examination in fundamental engineering subjects (engineer-intraining examination); (2)(A) Graduate in an engineering curriculum of not less than four years or in a curriculum of four or more years in engineering technology or related science, from a school or college approved by the board; and (B) Pass a written examination in fundamental engineering subjects (engineer-intraining examination); or (3)(A) Acquire not less than eight years of experience in engineering work of a nature satisfactory to the board; and (B) Pass a written examination in fundamental engineering subjects (engineer-intraining examination). (b) To be eligible for certification as an engineer-in-training, an applicant applying on or after July 1, 2010, must meet the following minimum requirements: (1)(A) Graduate in an engineering curriculum of not less than four years from a school or college approved by the board; and (B) Pass a written examination in fundamental engineering subjects (engineer-intraining examination); or (2)(A) Graduate in an engineering curriculum of not less than four years or in a curriculum of four or more years in engineering technology or related science, from a school or college approved by the board; and (B) Pass a written examination in fundamental engineering subjects (engineer-intraining examination)."
SECTION 9. Said chapter is further amended by striking Code Section 43-15-9, relating to eligibility for a certificate of registration as a professional engineer, and inserting in lieu thereof the following:
"43-15-9. (a) To be eligible for a certificate of registration as a professional engineer, an applicant applying prior to July 1, 2013, must meet the following minimum requirements:
(1)(A) Obtain certification by the board as an engineer-in-training under paragraph (1) of subsection (a) of Code Section 43-15-8; (B) Acquire a specific record of not less than four years experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practice of engineering (professional engineers examination); (2)(A) Obtain certification by the board as an engineer-in-training under paragraph (2) of subsection (a) of Code Section 43-15-8;

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(B) Acquire a specific record of not less than seven years experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practice of engineering (professional engineers examination); (3)(A) Obtain certification by the board as an engineer-in-training under paragraph (3) of subsection (a) of Code Section 43-15-8; (B) Acquire a specific record of not less than seven years experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practice of engineering (professional engineers examination); or (4)(A) Graduate in an engineering or related science curriculum of not less than four academic years; (B) Acquire a specific record of not less than 16 years experience in engineering work, of which at least eight years have been in responsible charge of important engineering work of a character satisfactory to the board, which indicates the applicant is competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practice of engineering (professional engineers examination). (b) To be eligible for a certificate of registration as a professional engineer, an applicant applying after July 1, 2013, must meet the following minimum requirements: (1)(A) Obtain certification by the board as an engineer-in-training under paragraph (1) of subsection (a) or paragraph (1) of subsection (b) of Code Section 43-15-8; (B) Acquire a specific record of not less than four years experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practice of engineering (professional engineers examination); or (2)(A) Obtain certification by the board as an engineer-in-training under paragraph (2) of subsection (a) or paragraph (2) of subsection (b) of Code Section 43-15-8; (B) Acquire a specific record of not less than seven years experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practice of engineering (professional engineers examination)."
SECTION 10. Said chapter is further amended by striking Code Section 43-15-12, relating to eligibility for certification as a land surveyor-in-training, and inserting in lieu thereof the following:
"43-15-12. (a) To be eligible for certification as a land surveyor-in-training, an applicant applying prior to July 1, 2010, must meet the following minimum requirements:

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(1)(A) Earn a bachelors degree in a curriculum approved by the board; or (B) Earn an associate degree, or its equivalent, in a curriculum approved by the board and acquire not less than two years of combined office and field experience in land surveying of a nature satisfactory to the board; or (C) Earn a high school diploma, or its equivalent, and acquire not less than four years experience in land surveying of a nature satisfactory to the board; and (2) Acquire a minimum of 15 quarter 12 semester hours credit, or its equivalent, in land surveying subjects in a course of study approved by the board; provided, however, that on and after January 1, 1995, the minimum requirement shall be 20 quarter hours credit, five of which shall be three hours are in hydrology; and (3) Subsequently pass the boards written examination in the fundamentals of land surveying (land surveyor-in-training examination) Fundamentals of Land Surveying (FLS) examination, prepared and graded by the National Council of Examiners for Engineering and Surveying (NCEES), or any other examination as may be approved and required by the state board. (b) To be eligible for certification as a land surveyor-in-training, an applicant applying on or after July 1, 2010, must meet the following minimum requirements: (1) Earn a bachelors degree in a curriculum approved by the state board consisting of a minimum of 18 semester hours or 30 quarter hours credit, or the equivalent, in land surveying subjects, including a minimum of three semester hours or five quarter hours of hydrology; and (2) Subsequently pass the Fundamentals of Land Surveying (FLS) examination, prepared and graded by the National Council of Examiners for Engineering and Surveying (NCEES), or any other examination as may be approved and required by the state board."
SECTION 11. Said chapter is further amended by striking Code Section 43-15-13, relating to eligibility for a certificate of registration as a land surveyor, and inserting in lieu thereof the following:
"43-15-13. (a) To be eligible for a certificate of registration as a land surveyor prior to July 1, 2013, an applicant must meet the following minimum requirements:
(1)(A) Obtain certification as a land surveyor-in-training under subparagraph (a)(1)(A) of paragraph (1) and paragraph paragraphs (2) and (3) of subsection (a) of Code Section 43-15-12; (B) Acquire a specific record of the equivalent of not less than four years of combined office and field experience in land surveying with a minimum of three years experience in responsible charge of land surveying projects under the supervision of a registered land surveyor or such other supervision deemed by the board to be the equivalent thereof; and

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(C) Subsequently pass a written examination on the principles and practices of land surveying and the laws of this state relating to land surveying (land surveyor examination); (2)(A) Obtain certification as a land surveyor-in-training under subparagraph (a)(1)(B) of paragraph (1) and paragraph paragraphs (2) and (3) of subsection (a) of Code Section 43-15-12; (B) Acquire an additional specific record of the equivalent of not less than four years of combined office and field experience in land surveying which, together with the qualifying experience under subparagraph (a)(1)(B) of paragraph (1) of Code Section 43-15-12, includes not less than four years experience in responsible charge of land surveying projects under the supervision of a registered land surveyor or such other supervision deemed by the board to be the equivalent thereof; and (C) Subsequently pass a written examination on the principles and practices of land surveying (PLS), prepared and graded by the National Council of Examiners for Engineering and Surveying (NCEES), or any other examination as may be approved and required by the state board, and a written examination on the laws of Georgia relating to land surveying (land surveyor examination); or (3)(A) Obtain certification as a land surveyor-in-training under subparagraph (a)(1)(C) of paragraph (1) and paragraph paragraphs (2) and (3) of subsection (a) of Code Section 43-15-12; (B) Acquire an additional specific record of not less than four years of experience in land surveying which, together with the qualifying experience under subparagraph (a)(1)(C) of paragraph (1) of Code Section 43-15-12, includes not less than six years experience in responsible charge of land surveying under the supervision of a registered land surveyor or such other supervision deemed by the board to be the equivalent thereof and of a grade and character satisfactory to the board indicating that the applicant is competent to practice land surveying; and (C) Subsequently pass a written examination on the principles and practices of land surveying (PLS), prepared and graded by the National Council of Examiners for Engineering and Surveying (NCEES), or any other examination as may be approved and required by the state board, and a written examination on the laws of this state relating to land surveying (land surveyor examination).; or (4)(A) Obtain certification as a land surveyor-in-training under subsection (b) of Code Section 43-15-12; (B) Acquire a specific record of the equivalent of not less than four years of combined office and field experience in land surveying with a minimum of three years experience in responsible charge of land surveying projects under the supervision of a registered land surveyor or such other supervision deemed by the board to be the equivalent thereof; and (C) Subsequently pass a written examination on the principles and practices of land surveying (PLS), prepared and graded by the National Council of Examiners for Engineering and Surveying (NCEES), or any other examination as may be approved

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and required by the state board, and a written examination of the laws of Georgia relating to land surveying (land surveyor examination). (b) To be eligible for a certificate of registration as a land surveyor on or after July 1, 2013, an applicant must meet the following minimum requirements: (1) Obtain certification as a land surveyor-in-training under paragraphs (1) and (2) of subsection (b) of Code Section 43-15-12; (2) Acquire a specific record of the equivalent of not less than four years of combined office and field experience in land surveying with a minimum of three years experience in responsible charge of land surveying projects under the supervision of a registered land surveyor or such other supervision deemed by the board to be the equivalent thereof; and (3) Subsequently pass a written examination on the principles and practices of land surveying, prepared and graded by the National Council of Examiners for Engineering and Surveying (NCEES), or any other examination as may be approved and required by the state board, and a written examination on the laws of Georgia relating to land surveying (land surveyor examination)."
SECTION 12. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by inserting a new chapter to read as follows:
"CHAPTER 43B
43-43B-1. This chapter shall be known and may be cited as the 'Soil Scientists Licensing Act of 2004.'
43-43B-2. The purpose of this chapter is to protect life, property, health, and public welfare through regulation of the practice of soil science in the state; to define the practice of soil science as a profession by establishing minimum standards of ethical conduct and professional responsibility and by establishing professional education and experience requirements; and to prevent abuses in the practice of soil science by untrained or unprincipled individuals. This action recommends itself through benefits to the people of this state and promotion of the public welfare. These benefits are in the field of soil science as related to on-site disposal of domestic waste water (septic systems), land treatment of various waste waters, byproducts, and residual solids on land, bioremediation, erosion and sedimentation, soil productivity, protection of surface and ground water, identification of wetlands and unique natural resources, and other soil matters of concern to the people of the state.
43-43B-3. As used in this chapter, the term:

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(1) 'Board' means the State Licensing Board for Professional Soil Scientists. (2) 'License' means a certificate issued by the board to an individual who satisfies the requirements established for a licensed soil scientist under this chapter and the rules and regulations adopted pursuant to this chapter. (3) 'Licensed soil scientist' means a person who is licensed as a soil scientist under this chapter. (4) 'Public practice of soil science' means any service or work, the adequate performance of which requires education in the physical, chemical, and biological sciences, as well as soil science; training and experience in the application of special knowledge of these sciences to the use and management of soils by accepted principles and methods; investigation, evaluation, and consultation in the use and management of soils; and in which the performance is related to the public welfare by safeguarding life, health, property, and the environment. The term includes, but is not limited to, investigating and evaluating the interaction between water, soil, nutrients, plants, and other living organisms that are used to prepare soil scientists reports for subsurface ground absorption systems, including infiltration galleries; land application of residuals such as sludge, septage, and other wastes; spray irrigation of waste water; soil remediation at conventional rates; land application of agricultural products and processing residues; bioremediation and volatilization; soil erodibility and sedimentation; and identification of hydric soil and redoximorphic features. (5) 'Responsible charge of work' means the independent control and direction, by the use of initiative, skill, and independent judgment, of soil science work or the supervision of such work. (6) 'Soil' means the unconsolidated mineral or organic matter on the surface of the earth that has been subjected to and influenced by genetic and environmental factors of parent material, climate (including water and temperature effects), microorganisms, and topography, all acting over time and producing a product that differs from the material from which it is derived in many physical, chemical, biological, and morphological properties and characteristics. (7) 'Soil science' means the science dealing with soils as an environmental resource. Soil science includes soil characterization, classification, and mapping; the physical, chemical, hydrologic, mineralogical, biological, and microbiological analysis of soil; and the assessment, analysis, modeling, testing, evaluation, and use of soil for the benefit of mankind. Soil science does not include design or creative works, the adequate performance of which requires extensive geological, engineering, land surveying, forestry, or landscape architecture education, training, and experience or requires registration as a geologist under Chapter 19 of this title, professional engineer or land surveyor under Chapter 15 of this title, or forester under Part 2 of Article 1 of Chapter 6 of Title 12 or licensing as a landscape architect under Chapter 23 of this title. (8) 'Soil scientist-in-training' means a person who has passed the examination and satisfied all other requirements for licensure under this chapter except for the professional work experience requirement.

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(9) 'Subordinate' means any person who assists a licensed soil scientist in the practice of soil science without assuming the responsible charge of work.
43-43B-4. This chapter does not apply to the following individuals:
(1) An officer or employee of: (A) The federal government; (B) The state government; or (C) Any local government
while such officer or employee is providing soil science services for the officers or employees employer; (2) An individual engaged solely in soil science research or the instruction of soil science; (3) An individual not engaged in the public practice of soil science; (4) A professional engineer registered under Chapter 15 of this title who applies soil science to the practice of engineering; (5) A professional geologist registered under Chapter 19 of this title who applies soil science to the practice of geology; (6) A professional forester registered under Part 2 of Article 1 of Chapter 6 of Title 12 who applies soil science to the practice of forestry; (7) A person who is a certified professional in erosion and sediment control (CPESC) or soil conservationist who uses soil science in making land use decisions for the conservation of soil and water resources; (8) A professional wetlands specialist who applies soil science to make wetland delineations or determinations; or (9) A person who conducts soil sampling solely for the purpose of determining plant nutrient and lime application rates for gardening and agricultural purposes.
43-43B-5. (a) The State Licensing Board for Professional Soil Scientists is created, whose duty it shall be to administer this chapter. The board shall be comprised of:
(1) Five members who shall be eligible for licensure under this chapter and who on and after July 1 of the year following the effective date of this chapter shall be soil scientists licensed under this chapter, one of whom shall be an academic soil scientist, one a governmental soil scientist, one a salaried company soil scientist, one an independent or consultant soil scientist, and one a soil scientist at large; (2) A sixth member who shall be appointed from the public at large and who shall have no connection whatsoever with the practice of professional soil science; and (3) The commissioner of human resources, ex officio, or his or her designated agent. (b) The members of the board provided for in paragraphs (1) and (2) of subsection (a) of this Code section shall be appointed by the Governor, subject to approval as to qualifications by the Secretary of State and confirmation by the Senate, for terms of five years and until their successors are appointed and qualified. On the expiration of

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the term of any member, the members successor shall be appointed in the same manner as regular appointments. (c) Each member of the board shall be a citizen of the United States and a resident of the State of Georgia. (d) No person shall serve as a member of the board for more than one consecutive fiveyear term. (e) The Governor may remove any member of the board pursuant to the authority of Code Section 43-1-17. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the Governor as provided for in this chapter. (f) The members of the board shall, before entering upon the discharge of their duty, subscribe to and file with the office of the Governor the required oath of office, whereupon the Governor shall issue to each appointee a certificate of appointment. (g) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.
43-43B-6. (a) In addition to other powers and duties specified in this chapter, the board shall:
(1) Promulgate, adopt, amend, and repeal all rules and regulations necessary for its government and for carrying this chapter into effect for the regulation of proceedings before the board. The board and all of its rules, regulations, and procedures are subject to and shall comply with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (2) Adopt and have an official seal; (3) Elect from its membership a chairperson, a vice chairperson, and any other officers deemed necessary who shall hold office for a term of one year; (4) Issue, renew, refuse to renew, deny, suspend, revoke, and reinstate licenses or otherwise discipline licensees under this chapter; (5) Initiate investigations for the purpose of discovering violations of this chapter; (6) Hold hearings on all matters properly brought before the board and, in conjunction therewith, to administer oaths, receive evidence, make necessary findings, and enter orders consistent with the findings. The board may designate one or more of its members as its hearing officer; (7) Adopt a code of professional conduct; (8) Establish and receive fees as required by this chapter; (9) Examine and determine the qualifications and fitness of applicants for licenses to practice soil science in this state; (10) Bring proceedings in the courts for the enforcement of this chapter or any rules or regulations promulgated pursuant to this chapter; (11) Establish reasonable standards for continuing professional education for soil scientists; provided, however, that no examination shall be required for a renewal of a license; and (12) Have such other powers and duties as are necessary to effectuate the purposes of this chapter.

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(b) The board shall be assigned to the office of the Secretary of State for administrative purposes, shall operate under the jurisdiction of the division director, and shall operate in accordance with and pursuant to the provisions of Chapter 1 of this title, as applicable.
43-43B-7. All appeals from a decision of the board, all documents or applications required by law to be filed with the board, and any notice or legal process to be served upon the board shall be filed with or served upon the division director at his or her office.
43-43B-8. An application for licensing as a soil scientist shall be made under oath and shall show the applicants education and a detailed summary of the applicants professional work experience as a soil scientist. The application shall be accompanied by an application fee fixed by the board.
43-43B-9. (a) To be eligible for a license as a soil scientist in this state, an applicant shall meet each of the following minimum qualifications:
(1) Be of good ethical character; (2) Hold at least a bachelors degree in science from an accredited college or university with a major in soil science or a related field of science. Such degree shall include a minimum of 30 semester hours or equivalent quarter credit hours in agricultural, biological, chemical, physical, or earth sciences, with a minimum of 15 semester credit hours or equivalent quarter credit hours in soil science courses; (3) Have at least four years of professional work experience as a soil scientist under the supervision of a licensed soil scientist or a soil scientist who is eligible for licensure under this chapter. An applicant may substitute an advanced degree in soil science for a portion of the professional work experience requirement. The board, in its discretion, may allow an applicant to substitute a masters degree in soil science for one year of professional work experience and to substitute a doctoral degree in soil science for two years of professional work experience. The board, in its discretion, may allow an applicant to substitute experience gained through teaching upper-level soil science courses at the college or university level or research in soil science for all or any portion of the professional work experience requirement if the board finds the teaching or research to be equivalent to the responsible charge of work by a soil scientist; and (4) Successfully pass such examinations as are established by the board and which are designed to demonstrate that the applicant has the necessary knowledge and skill to exercise the responsibilities of the public practice of soil science. (b) The board shall designate an applicant who meets all the requirements for a license under this chapter except the professional work experience requirement as a soil

WEDNESDAY, APRIL 7, 2004

3897

scientist-in-training. A soil scientist-in-training may apply for a license upon completion of the professional work experience requirement.
(c)(1) The board shall waive examination requirements for licensing for an individual who, on the effective date of this chapter, is certified as a soil scientist or soil classifier by:
(A) The American Registry of Certified Professionals in Agronomy, Crops, and Soils (ARCP ACS); or (B) The Department of Human Resources. (2) Examinations shall be held at least annually. (3) The board shall determine the fee for and the scope, form, and content of the examinations provided for under this chapter. (d) A person holding a license to engage in the practice of soil science on the basis of comparable licensing requirements issued to him or her by a proper authority of another state, territory, or possession of the United States or the District of Columbia and who, in the opinion of the board, otherwise meets the requirements of this chapter based on verified evidence may be licensed upon application without further examination.
43-43B-10. (a) The board shall issue a license, upon payment of the license fee set by the board, to any applicant who, in the opinion of the board, has satisfactorily met the requirements of this chapter. (b) All licenses shall be renewable biennially at such time as may be designated by the board. All applications for renewal shall be filed with the board prior to the expiration date, accompanied by the renewal fee prescribed by the board. A license which has expired for failure to renew may only be reinstated after application and payment of the prescribed reinstatement fee within six months of the expiration date, provided that the applicant meets such requirements as the board may establish by rule. (c) A new license to replace any license that is lost, destroyed, or mutilated may be issued subject to the rules of the board and payment of a fee set by the board.
43-43B-11. (a) The board shall have the authority to refuse to grant a license to an applicant therefor or to revoke or suspend the license of a person licensed by the board or to otherwise discipline a person licensed by the board the same as provided in Code Section 43-1-19 for professional licensing boards. (b) The action by the board in granting or refusing to grant or renew a license under this chapter or in revoking or suspending or in refusing to revoke or suspend such a license may be appealed in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' to the superior court of the county of domicile of the board; provided, however, that if the findings of the board are supported by any evidence, such findings shall be accepted by the court.

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43-43B-12. Each licensee under this chapter may use a seal of such design as is authorized by the board, bearing the licensees name and the legend 'Licensed Professional Soil Scientist.' All drawings, reports, or other papers or documents involving the practice of soil science, as defined in this chapter, which shall have been prepared or approved by a licensed soil scientist or a subordinate employee under his or her direction for the use of or for delivery to any person or for public record within this state shall be signed by him or her and impressed with the seal provided for in this Code section or the seal of a nonresident practicing under this chapter, either of which shall indicate his or her responsibility for them.
43-43B-13. The board shall keep a record and shall publish annually a roster showing the names, places of business, and residence addresses of all soil scientists licensed under this chapter. Copies of such roster shall be made available to the public upon request and payment of a reasonable fee, established by the board, for copying.
43-43B-14. The board shall prepare and adopt by rule a code of professional conduct that shall be made known in writing to every licensee and applicant for licensing under this chapter and shall be published by the board. Publication of the code of professional conduct shall be due notice to all licensees of its contents. The board may revise and amend such code of professional conduct. Prior to adoption of any revision or amendments, all licensed members and the public shall receive due notice and an opportunity to be heard.
43-43B-15. Any person may file written charges of violations of this chapter or any rules adopted pursuant to this chapter with the board against any licensee. Any charges or allegations shall be in writing, shall be sworn to by the person making them, and shall be filed with the board. The board shall investigate reasonably all valid complaints.
43-43B-16. On and after January 1 of the year following the effective date of this chapter, this state and its political subdivisions, such as a county, a municipality, or a legally constituted board, district, commission, or authority, shall contract for soil science services only with persons licensed under this chapter or with a firm employing a licensed soil scientist.
43-43B-17. (a) This chapter shall not prohibit one or more soil scientists from practicing through the medium of a sole proprietorship, partnership, limited liability company, or corporation. In a partnership, limited liability company, or corporation whose primary

WEDNESDAY, APRIL 7, 2004

3899

activity consists of soil science services, at least one partner, member, or officer shall be a licensed soil scientist. (b) This chapter shall not prevent or prohibit an individual, firm, company, association, or corporation whose principal business is other than the public practice of soil science from employing a unlicensed soil scientist to perform nonpublic soil science services necessary to the conduct of its business. (c) This chapter shall not be construed to prevent or to affect:
(1) The practice of any profession or trade for which a license is required under any other provision of this Code; (2) The practice of registered professional engineers from lawfully practicing soils mechanics, foundation engineering, and other professional engineering as provided in this title; or (3) The practice of a person who is not a resident of and has no established place of business in this state or who has recently become a resident hereof practicing or offering to practice the profession of soil science herein for more than 30 days in any calendar year if the person shall have filed with the board an application for a license and shall have paid the fee required by this chapter. Such practice shall continue only for such time as the board requires for the consideration of the applicant for licensing.
43-43B-18. (a) It shall be unlawful for any person other than a licensed soil scientist or a subordinate under the soil scientists direction and not otherwise exempt under this chapter to conduct or participate in any practice of soil science or prepare any soil science reports, maps, or documents related to the public welfare or the safeguarding of life, health, property, or the environment. (b) It shall be unlawful for any person, including a soil scientist-in-training or a subordinate, to practice, or offer to practice, soil science in this state or to use in connection with his or her name, otherwise assume, or advertise any title or description tending to convey the impression that he or she is a licensed soil scientist unless that person has been duly licensed or is exempted under the provisions of this chapter. (c) It shall be unlawful for anyone other than a licensed soil scientist to stamp or seal any soils related plans, maps, reports, or other soils related documents with the seal or stamp of a licensed soil scientist or use in any manner the title 'soil scientist' unless that person is licensed under this chapter. (d) It shall be unlawful for any person to affix his or her signature to, stamp, or seal any soils related plans, maps, reports, or other soils related documents after the license of the person has expired or been suspended or revoked. (e) It shall be unlawful for a licensed soil scientist to prepare plats and maps so as to engage in the practice of land surveying as defined in Code Section 43-15-2 unless the licensed soil scientist is also a registered land surveyor under Chapter 15 of this title. (f) It shall be unlawful for a licensed soil scientist to engage in the design of engineering works and systems unless the licensed soil scientist is also a registered professional engineer under Chapter 15 of this title.

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JOURNAL OF THE HOUSE

(g) It shall be unlawful for a licensed soil scientist to engage in the practice of geology unless the licensed soil scientist is also a registered geologist under Chapter 19 of this title. (h) Subsections (a) and (b) of this Code section shall apply only to acts committed on or after January 1 of the year following the effective date of this chapter.
43-43B-19. (a) A person who:
(1) Willfully practices soil science or offers to practice soil science for any other person in this state without being licensed and who is not otherwise exempt in accordance with the provisions of this chapter; (2) Presents or attempts to use as his or her own the license or the seal of any other soil scientist; (3) Gives any false or forged evidence in the course of applying for a license under this chapter; (4) Impersonates a licensed soil scientist; (5) Practices or attempts to practice at any time while his or her license is suspended or revoked; or (6) Commits any other act made unlawful by this chapter shall be guilty of a misdemeanor. (b) Paragraph (1) of subsection (a) of this Code section shall apply only to acts committed on or after January 1 of the year following the effective date of this chapter."
SECTION 13. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking paragraph (14) of subsection (a) of Code Section 43-40-29, relating to exceptions to operation of chapter, and inserting in its place the following:
"(14) A licensed certified public accountant or registered public accountant acting solely as an incident to the practice of public accounting."
SECTION 14. Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, is amended by striking paragraph (2) of Code Section 7-1-1000, relating to definitions, and inserting in its place the following:
"(2) 'Audited financial statement' means the product of the examination of financial statements in accordance with generally accepted auditing standards by an independent certified public accountant or by an independent Georgia registered public accountant considered acceptable by the department, which product consists of an opinion on the financial statements indicating their conformity with generally accepted accounting principles."

WEDNESDAY, APRIL 7, 2004

3901

SECTION 15. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against health and morals, is amended by striking subsection (j) of Code Section 16-1222.1, relating to raffles operated by nonprofit, tax-exempt organizations, and inserting in its place the following:
"(j) On or before April 15 of each year, every nonprofit, tax-exempt organization engaged in operating raffles shall file with the sheriff a report disclosing all receipts and expenditures relating to the operation of raffles in the previous year. The report shall be in addition to all other reports required by law. The report shall be prepared and signed by a certified or registered public accountant competent to prepare such a report and shall be deemed a public record subject to public inspection."
SECTION 16. Said chapter is further amended by striking Code Section 16-12-59, relating to annual report to be filed with the director of the Georgia Bureau of Investigation by bingo game operators, and inserting in its place the following:
"16-12-59. On or before April 15 of each year, every nonprofit, tax-exempt organization engaged in operating bingo games shall file with the director a report disclosing all receipts and expenditures relating to the operation of bingo games in the previous year. The report shall be in addition to all other reports required by law. The report shall be prepared and signed by a certified or registered public accountant competent to prepare such a report and shall be deemed a public record subject to public inspection."
SECTION 17. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 2004. (b) Section 12 of this Act shall become effective only upon the effective date of a specific appropriation of funds for the purposes of Section 12 of this Act as expressed in a line item making specific reference to the full funding of Section 12 of this Act in an appropriations Act enacted by the General Assembly.
SECTION 18. All laws and parts of laws in conflict with this Act are repealed.

Representative Jamieson of the 22nd moved that the House adopt the report of the Committee of Conference on SB 449.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Anderson
Y Ashe

Y Day Dean
Y Deloach

E Hill, C.A Y Hill, V Y Hines

Y Mitchell Y Mobley Y Moraitakis

Y Sholar Y Sims
Sinkfield

3902

JOURNAL OF THE HOUSE

Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome N Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter N Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers N Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Dix Y Dodson
Dollar Dooley Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Forster N Franklin Y Gardner Y Golick Y Graves, D Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Harper Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson N Hill, C

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 N Joyce
Keen Y Knox Y Lane Y Lewis Y Lord
Lucas N Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton
Millar N Mills

Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S
Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch.
Royal Y Rynders
Sailor Y Scott
Shaw Sheldon

On the motion, the ayes were 140, nays 10. The motion prevailed.

Y Skipper Y Smith, B Y Smith, L
Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, R Y Wix Y Yates
Coleman, Speaker

Representatives Forster of the 3rd, Post 1 and Royal of the 140th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HR 591. By Representatives Mobley of the 58th, Watson of the 60th, Post 2, Maddox of the 59th, Post 2, Stephenson of the 60th, Post 1, Oliver of the 56th, Post 2 and others:
A RESOLUTION designating the Judge Jim Weeks Intersection; and for other purposes.

WEDNESDAY, APRIL 7, 2004 The following report of the Committee of Conference was read:

3903

COMMITTEE OF CONFERENCE REPORT ON HR 591

The Committee of Conference on HR 591 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HR 591 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Cheeks Senator, 23rd District

/s/ Barbara J. Mobley Representative, 58th District

/s/ Hall Senator, 22nd District

/s/ Joe Wilkinson Representative, 41st District

/s/ Balfour Senator, 9th District

/s/ Wallace Sholar Representative, 141st District, Post 1

A RESOLUTION
Honoring Mrs. Rosa Proctor and designating the Rosa Proctor Intersection; dedicating a portion of the Battlefield Parkway in Catoosa County to the memory of Baxter Shavers; and for other purposes.
WHEREAS, when Rosa Proctor and her late husband Cary Proctor began looking for a place to build their first home in 1935 in Milledgeville, Georgia, they settled on a 40 acre lot in what became the Pettigrew Road area; and
WHEREAS, after building the house, the Proctors set out to get a road for the area, which they accomplished by donating to the county the strip of land which they owned where the road was to be; and
WHEREAS, in 1939, a much needed bridge was built in the Pettigrew Road area to connect Georgia 49 to Georgia 22, which greatly improved traveling conditions for the residents in the area; and

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JOURNAL OF THE HOUSE

WHEREAS, the wooden bridge, known as "Little Fishing Bridge," was made possible by another donation of their land by Cary and Rosa Proctor; and
WHEREAS, over the ensuing 60 years, the wooden bridge had been worn out numerous times due to rain and traffic and its frequent closings had been a source of frustration for residents, including Mrs. Proctor, for many years; and
WHEREAS, in 2002, construction began on a $670,000.00 concrete bridge funded by the Federal Highway Bridge Safety Program; and
WHEREAS, in order to get the right of way for the bridge, the county had to obtain land from five homeowners in the area, and like she and her husband had done twice before, Mrs. Proctor readily donated half an acre, free of charge; and WHEREAS, the Pettigrew Road Bridge formally opened on July 1, 2003, with 91 yearold Rosa Proctor as an honored guest; and
WHEREAS, Baxter Shavers, a deputy sheriff of Catoosa County, sacrificed his life in the line of duty in April 1978, in the attempt to apprehend an armed robbery suspect; and
WHEREAS, it is fitting and proper that the sacrifice of Baxter Shavers in the line of duty in protecting the citizens of Catoosa County and this state be recognized appropriately.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that in appreciation of her consistent generosity, foresight, and dedication to the public good, the intersection of SR 22 and Pettigrew Road in Milledgeville, Georgia, is hereby designated the Rosa Proctor Intersection.
BE IT FURTHER RESOLVED that the Battlefield Parkway, Georgia State Highway 2, from its intersection with U.S. Highway 27 to its intersection with U.S. Highway 41 in Catoosa County be dedicated to the memory of Baxter Shavers.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain signs so identifying the bridge and highway.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and to Mrs. Rosa Proctor.
BE IT FURTHER RESOLVED that the intersection of SR 139 (Mableton Parkway) and U.S. 78 (Veterans' Memorial Highway) shall be named in honor of the late Robert L. and Sally Thompson who were pioneers during this communitys growth.

WEDNESDAY, APRIL 7, 2004

3905

Representative Wilkinson of the 41st moved that the House adopt the report of the Committee of Conference on HR 591.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Bordeaux Y Borders Y Bridges Y Brock Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson
Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Fludd Y Forster Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Greene Y Greene-Johnson Y Hanner E Harbin Harper Y Harrell Heard, J Y Heard, K Y Heath Heckstall Y Hembree Henson Y Hill, C

E Hill, C.A Y Hill, V Y Hines Y Holmes
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
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton
Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

Y Sholar Sims Sinkfield 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 Y Stephenson Y Stokes Y Stoner
Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

On the motion, the ayes were 146, nays 0. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's disagreeing to the House amendment to the Senate amendment thereto:

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JOURNAL OF THE HOUSE

HB 1414. By Representatives Bannister of the 70th, Post 1, Parsons of the 29th, Mitchell of the 61st, Post 3, Heard of the 70th, Post 3, Massey of the 24th and others:
A BILL to amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to the use of proceeds from the special purpose 1 percent sales and use tax, so as to require annual publication of certain audit information; and for other purposes.

Representative Sinkfield of the 50th moved that the House insist on its position in amending the Senate amendment to HB 1414.
The motion prevailed.

By unanimous consent, the rule requiring Conference Committee Reports to lay on the desks for one hour be waived for HB 1181.

The following Bills of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:

HB 1181. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2004 and ending June 30, 2005; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1181

The Committee of Conference on HB 1181 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1181 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

WEDNESDAY, APRIL 7, 2004

/s/ Jack Hill Senator, 4th District
/s/ Don Cheeks Senator, 23rd District
/s/ Tommie Williams Senator, 19th District

/s/ Butch Parrish Representative, 102nd District
/s/ Calvin Smyre Representative, 111th District
/s/ Mickey Channell Representative, 77th District

3907

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 2004, and ending June 30, 2005; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2004, and ending June 30, 2005, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus and a revenue estimate of $15,237,800,478 (excluding indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2005.

PART I. LEGISLATIVE BRANCH

Section 1. General Assembly.

State Funds Personal Services - Staff Personal Services - Elected Officials Regular Operating Expenses Travel - Staff Travel - Elected Officials Capital Outlay Per Diem Differential

$ 33,304,450

$ 18,478,494

$ 5,082,855

$ 2,632,726

$

85,000

$

1,500

$

0

$

0

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JOURNAL OF THE HOUSE

Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees - Staff Contracts - Staff Per Diem and Fees - Elected Officials Contracts - Elected Officials Photography Expense Reimbursement Account
Total Funds Budgeted
State Funds Budgeted

$

679,058

$

9,950

$

7,000

$

536,420

$

157,234

$

104,000

$ 3,070,527

$

712,686

$

95,000

$ 1,652,000

$ 33,304,450

$ 33,304,450

Senate Program Budgets

Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Senate Budget Office Total

Total Funds State Funds

$ 5,922,559 $ 5,922,559

$

862,898 $

862,898

$ 1,175,715 $ 1,175,715

$

569,599 $

569,599

$ 8,530,771 $ 8,530,771

House Program Budgets

House of Representatives and Research Office Speaker of the House's Office Clerk of the House's Office Total

Total Funds State Funds

$ 12,823,015 $ 12,823,015

$

442,050 $

442,050

$ 1,550,789 $ 1,550,789

$ 14,815,854 $ 14,815,854

Joint Program Budgets

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee Total

Total Funds State Funds

$ 2,880,036 $ 2,880,036

$ 2,146,193 $ 2,146,193

$ 1,241,785 $ 1,241,785

$ 3,241,223 $ 3,241,223

$

448,588 $

448,588

$ 9,957,825 $ 9,957,825

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House

WEDNESDAY, APRIL 7, 2004

3909

thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals

$ 28,443,466

$ 24,456,416

$

849,490

$

400,000

$

0

$

20,000

$ 1,106,000

3910

JOURNAL OF THE HOUSE

Per Diem and Fees Contracts Computer Charges Telecommunications

Total Funds Budgeted State Funds Budgeted

$

176,000

$

0

$ 1,113,500

$

322,060

$ 28,443,466

$ 28,443,466

PART II JUDICIAL BRANCH

Section 3. Judicial Branch.

State Funds Personal Services Other Operating Prosecuting Attorney's Council Judicial Administrative Districts Payment to Council of Superior Court Clerks Payment to Resource Center Payment to Georgia Public Defender Standards
Council Computerized Information Network
Total Funds Budgeted
State Funds Budgeted

$ 151,569,706

$ 16,166,182

$ 106,609,755

$ 5,397,197

$ 2,218,693

$

144,925

$

800,000

$ 23,290,000

$

0

$ 154,626,752

$ 151,569,706

Judicial Branch Functional Budgets

Supreme Court Court of Appeals Superior Court - Judges Superior Court - District Attorneys Council of Juvenile Court Judges Institute of Continuing Judicial Education Judicial Council Judicial Qualifications Commission Georgia Public Defender Standards Council Georgia Courts Automation Commission Georgia Office Of Dispute Resolution Council of Superior Court Clerks Total

Total Funds State Funds

$ 7,328,705 $ 7,328,705

$ 11,611,021 $ 11,521,021

$ 48,131,872 $ 48,131,872

$ 44,881,447 $ 43,114,401

$ 1,372,096 $ 1,372,096

$ 1,078,182 $ 1,078,182

$ 16,197,311 $ 16,197,311

$

247,137 $

247,137

$ 23,290,000 $ 22,090,000

$

0$

0

$

344,056 $

344,056

$

144,925 $

144,925

$ 154,626,752 $ 151,569,706

WEDNESDAY, APRIL 7, 2004

3911

Section 4. Department of Administrative Services.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Self Insurance Trust Fund Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Rents and Maintenance Expense Direct Payments to Georgia Building Authority for
Capital Outlay Direct Payments to Georgia Building Authority for
Operations Materials for Resale Public Safety Officers Indemnity Fund Health Planning Review Board Operations Payments to Aviation Hall of Fame Payments to Golf Hall of Fame Alternative Fuels Grant Payments to Georgia Technology Authority Removal of Hazardous Waste
Total Funds Budgeted
State Funds Budgeted

$ 28,629,573

$ 18,644,342

$ 2,740,194

$

293,660

$

20,418

$

125,582

$ 132,900,000

$ 2,699,150

$ 1,129,002

$

393,740

$

702,436

$

283,435

$

0

$

0

$

612,556

$ 3,245,600

$

0

$

30,473

$

35,590

$

60,500

$

0

$ 15,339,112

$

87,994

$ 179,343,784

$ 28,629,573

Departmental Program Budgets

Administration Risk Management State Purchasing Fleet Management Space Management Surplus Property Mail and Courier US Post Office Service Contract Management Small and Minority Business Development

Total Funds State Funds

$ 2,709,661 $ 1,454,134

$ 137,786,977 $

0

$ 3,897,072 $ 3,585,393

$ 2,277,547 $

461,123

$

467,103 $

467,103

$ 2,628,884 $

75,153

$ 1,340,646 $

45,462

$

274,188 $

128,720

$

136,746 $

0

$ 1,062,422 $ 1,062,422

3912

JOURNAL OF THE HOUSE

Bulk Paper Sales Fiscal Services Administrative Hearings State Properties Commission Office of Treasury and Fiscal Services Total

$ 2,765,202 $

$ 16,437,169 $

$ 4,299,014 $

$

554,541 $

$ 2,706,612 $

$ 179,343,784 $

609,691 16,158,292 3,697,706
554,541 329,833 28,629,573

Section 5. Department of Agriculture.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Market Bulletin Postage Payments to Athens and Tifton Veterinary
Laboratories Poultry Veterinary Diagnostic Laboratories in
Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe Veterinary Fees Indemnities Advertising Contract Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets Capital Outlay Contract - Federation of Southern Cooperatives Boll Weevil Eradication Program
Total Funds Budgeted
State Funds Budgeted

$ 35,767,543

$ 31,761,144

$ 3,850,488

$ 1,043,708

$

0

$

291,598

$

664,341

$ 1,188,343

$

363,509

$

33,500

$ 1,341,998

$

566,619

$ 3,189,678

$ 2,889,986

$

142,000

$

10,000

$

425,000

$

653,000

$

0

$

37,050

$

0

$ 48,451,962

$ 35,767,543

Departmental Program Budgets

Consumer Protection Marketing and Promotion

Total Funds State Funds $ 33,827,776 $ 25,865,994 $ 8,632,445 $ 5,059,264

WEDNESDAY, APRIL 7, 2004

3913

Administration Total

$ 5,991,741 $ 4,842,285 $ 48,451,962 $ 35,767,543

Section 6. Department of Banking and Finance.

State Funds

Personal Services

Regular Operating Expenses

Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts

Total Funds Budgeted

State Funds Budgeted

$ 9,850,558

$ 8,409,096

$

269,025

$

308,557

$

0

$

2,347

$

170,978

$

565,436

$

113,120

$

11,999

$

0

$ 9,850,558

$ 9,850,558

Departmental Program Budgets

Financial Institution Supervision Mortgage Supervision Chartering, Licensing and Applications/ Non-Mortgage Entities Consumer Assistance and Protection Administration Total

Total Funds State Funds

$ 5,739,215 $ 5,739,215

$ 1,739,522 $ 1,739,522

$

310,216 $

310,216

$

384,213 $

384,213

$ 1,677,392 $ 1,677,392

$ 9,850,558 $ 9,850,558

Section 7. Department of Community Affairs.

State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

$ 26,813,800

$ 47,123,333

$ 22,799,857

$ 1,923,412

$

668,662

$

0

$

166,022

$

573,436

$ 1,483,541

$

522,658

3914

JOURNAL OF THE HOUSE

Per Diem and Fees Contracts Contracts for Regional Planning and Development Local Assistance Grants Appalachian Regional Commission Assessment HUD -Community Development Block Pass thru
Grants Community Service Grants Home Program Local Development Fund Payment to State Housing Trust Fund Regional Economic Business Assistance Grants-
GHFA Regional Economic Development Grants Contracts for Homeless Assistance HUD Section 8 Rental Assistance GHFA- Gerogia Cities Foundation Georgia Leadership Infrastructure Investment Fund Quality Growth Program Payment to Georgia Environmental Facilities
Authority Payments to Georgia Sports Hall of Fame Georgia Regional Transportation Authority One Georgia
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$

966,363

$

514,025

$ 1,779,593

$

302,500

$

163,000

$ 30,000,000

$ 5,000,000

$ 3,122,606

$

0

$ 2,778,750

$ 2,667,600

$

0

$ 1,250,000

$ 50,000,000

$

694,687

$

0

$

0

$

275,000

$

702,761

$ 4,503,574

$ 47,123,333

$ 179,981,380

$ 47,123,333

$ 26,813,800

Departmental Program Budgets

Administration Homeownership Programs Rental Housing Programs Special Housing Initiatives Building Construction Coordinated Planning Federal Community and Economic Development
Programs State Economic Development Programs State Community Development Programs Georgia Music Hall of Fame Environmental Education and Assistance

Total Funds State Funds

$ 4,350,437 $ 1,591,403

$ 3,915,171 $

0

$ 62,009,009 $ 3,122,263

$ 5,444,303 $ 2,778,408

$

555,896 $

369,507

$ 3,001,337 $ 3,001,337

$ 37,816,017 $

859,227

$ 3,813,773 $ 3,786,040

$ 1,374,069 $ 1,374,069

$ 1,215,409 $

740,595

$

567,226 $

567,226

WEDNESDAY, APRIL 7, 2004

3915

Regional Services Data and Research Pass - Thru Georgia Environmental Facilities Authority Georgia Sports Hall of Fame Georgia Regional Transportation Authority One Georgia Total

$ 1,952,794 $

$

645,869 $

$

715,402 $

$

275,000 $

$

702,761 $

$ 4,503,574 $

$ 47,123,333 $

$ 179,981,380 $

1,952,794 645,869 715,402 275,000 702,761
4,331,899 47,123,333 73,937,133

Section 8. Department of Community Health.

A. Budget Unit: State Funds - Medicaid Services Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts HMO Contracts Medicaid Benefits, Penalties and Disallowances Audit Contracts Special Purpose Contracts Purchase of Service Contracts Grant in Aid to Counties Health Insurance Payments Medical Fair Loan Repayment Program Medical Scholarships Capitation Contracts for Family Practice Residency Residency Capitation Grants Student Preceptorships Medical Student Capitation Mercer School of Medicine Grant Morehouse School of Medicine Grant SREB Payments Pediatric Residency Capitation Preventive Medicine Capitation

$ 1,905,405,703

$ 53,116,681

$ 32,590,301

$ 8,596,198

$

288,188

$

0

$

76,291

$ 92,704,195

$ 1,793,945

$

895,502

$ 1,350,873

$ 107,305,104

$ 285,327,050

$ 5,628,844,700

$ 1,097,500

$

0

$

183,244

$

544,826

$ 1,009,000,000

$

50,511

$

300,757

$

728,000

$ 3,646,792

$ 1,941,782

$

0

$ 3,428,706

$ 17,960,862

$ 10,141,628

$

401,225

$

418,046

$

105,780

3916

JOURNAL OF THE HOUSE

Total Funds Budgeted Tobacco Funds Budgeted
State Funds Budgeted

$ 7,209,722,006 $ 53,116,681 $ 1,905,405,703

Departmental Program Budgets

Medicaid State Health Benefit Plan Health Care Regulation and Licensing Health Care Access and Improvement Health Care Workforce Planning and Development Administration State Medical Education Board Georgia Board for Physician Workforce Total

Total Funds State Funds

$ 5,815,810,124 $ 1,869,456,617

$ 1,326,099,781 $ 33,956,708

$ 3,765,020 $ 3,448,324

$ 3,754,513 $ 3,110,623

$

0$

0

$ 20,411,730 $ 8,667,464

$ 1,306,564 $ 1,308,374

$ 38,574,274 $ 38,574,274

$ 7,209,722,006 $ 1,958,522,384

B. Budget Unit: State Funds - Indigent Care Trust Fund
Per Diem and Fees Contracts Benefits Payments to Nursing Homes
Total Funds Budgeted
Other Funds Federal Funds State Funds Budgeted

$ 109,857,425

$

0

$ 8,200,000

$ 360,067,504

$ 272,608,762

$ 640,876,266

$ 148,828,880

$ 382,189,961

$ 109,857,425

C. Budget Unit: State Funds - PeachCare for Kids Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts PeachCare Benefits, Penalties and Disallowances

$ 74,755,459

$ 4,970,705

$

364,258

$

165,254

$

45,000

$

0

$

0

$

0

$

0

$

0

$

0

$ 10,304,101

$ 270,035,204

WEDNESDAY, APRIL 7, 2004

3917

Total Funds Budgeted Tobacco Funds Budgeted
State Funds Budgeted

$ 280,913,817 $ 4,970,705 $ 74,755,459

Section 9. Department of Corrections.

State Funds - Administration, Institutions and Probation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Utilities Court Costs County Subsidy County Subsidy for Jails County Workcamp Construction Grants Central Repair Fund Payments to Central State Hospital for Meals Payments to Central State Hospital for Utilities Payments to Public Safety for Meals Inmate Release Fund Health Services Purchases University of Georgia - College of Veterinary Medicine Contracts Minor Construction Fund Total Funds Budgeted
Indirect DOAS Funding State Funds Budgeted

$ 882,663,975

$ 526,999,174

$ 59,424,052

$ 1,724,100

$

808,690

$ 2,727,944

$ 5,244,035

$ 7,690,886

$ 6,891,485

$

67,637

$ 82,584,622

$

0

$ 27,032,847

$ 1,300,000

$ 37,726,400

$ 6,450,000

$

0

$

0

$ 4,268,025

$ 1,627,150

$

577,160

$ 1,450,000

$ 132,787,968

$

449,944

$

0

$ 907,832,119

$

450,000

$ 882,663,975

Departmental Program Budgets

Administration State Prisons

Total Funds State Funds $ 54,340,529 $ 53,890,529 $ 408,483,615 $ 398,950,492

3918

JOURNAL OF THE HOUSE

Probation Supervision Health Food and Farm Operations Offender Management Private Prisons Transition Centers Probation Detention Centers Parole Revocation Centers Probation Diversion Centers Bainbridge PSATC Probation Boot Camps Total

$ 79,679,867 $ 79,679,867 $ 21,015,149 $ 21,015,149 $ 41,957,838 $ 39,401,179 $ 4,044,393 $ 3,985,461 $ 5,171,135 $ 4,829,603 $ 50,769,536 $ 50,769,536 $ 13,961,949 $ 13,389,494 $ 146,050,808 $ 137,586,599 $ 63,219,355 $ 63,219,355 $ 16,006,917 $ 12,826,083 $ 3,256,960 $ 3,246,560 $ 907,832,119 $ 882,663,975

Section 10. Department of Defense.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Capital Leases
Total Funds Budgeted
State Funds Budgeted

$ 7,407,075

$ 17,567,073 $ 23,102,725

$

90,875

$

0

$

52,800

$

68,625

$

43,211

$ 1,020,852

$ 1,341,895

$

244,000

$

0

$

9,930

$ 43,541,986

$ 7,407,075

Departmental Program Budgets

Readiness Civil Support Facilities Administration Total

Total Funds State Funds

$

462,902 $

462,902

$ 7,767,361 $ 2,956,475

$ 32,994,959 $ 1,908,817

$ 2,316,764 $ 2,078,881

$ 43,541,986 $ 7,407,075

Section 11. State Board of Education

WEDNESDAY, APRIL 7, 2004
A. Budget Unit: State Funds - Department of Education
Tobacco Funds Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay QBE Formula Grants: Kindergarten/Grades 1 - 3 Grades 4 - 8 Grades 9 - 12 Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories Special Education Gifted Remedial Education Additional Instruction Staff Development and Professional Development Media Indirect Cost Pupil Transportation Local Five Mill Share Mid-Term Adjustment Reserve Teacher Salary Schedule Adjustment Other Categorical Grants: Equalization Formula Sparsity Grants Special Education Low - Incidence Grants Non-QBE Grants: Next Generation School Grants Youth Apprenticeship Grants High School Program - Agriculture Ed High School Program - Tech/Career Ed

3919

$ 5,933,991,990

$

0

$ 39,981,283

$ 5,963,997

$

914,522

$

0

$

174,190

$ 1,135,404

$ 2,356,360

$ 21,534,798

$ 8,777,390

$

802,780

$

772,896

$

0

$ 1,707,110,524

$ 1,564,815,699

$ 765,460,363

$ 70,492,962

$ 70,537,965

$ 202,846,671

$ 796,138,993

$ 192,300,693

$ 22,033,782

$ 47,742,553

$ 31,135,509

$ 149,198,288

$ 922,876,443

$ 151,866,803

$(1,264,596,078)

$

0

$ 85,296,749

$ 341,006,547

$ 6,352,443

$

826,722

$

375,000

$ 3,811,974

$ 7,329,561

$ 43,268,748

3920

JOURNAL OF THE HOUSE

Payment of Federal Funds to Board of Technical and Adult Education
Vocational Research and Curriculum Title I-A Improving Basic Programs - LEA's Title I-B Even Start Instructional Services for the Handicapped Retirement (H.B. 272 and H.B. 1321) Title VI-A State Assessment Programs Tuition for the Multi-Handicapped PSAT School Lunch (Federal) Joint Evening Programs Education of Homeless Children/Youth Pay for Performance Pre-School Handicapped Program Mentor Teachers Environmental Science Grants Advanced Placement Exams Serve America Program Title IV-A1, Safe and Drug Free Schools School Lunch (State) Charter Schools Refugee School Impact Title V, Innovative Programs State and Local Education Improvement Health Insurance - Non-Cert. Personnel and Retired
Teachers Title II Math/Science Grant (Federal) Migrant Education (State) Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education at State Institutions Byrd Honor Scholarships Title 1-F, Comprehensive School Reform Character Education National Teacher Certification Health Insurance Adjustment Principal Supplements Class Size Reduction Grants For School Nurses Reading and Math Programs Student Testing

$ 16,909,425

$

0

$ 309,883,868

$ 6,106,270

$ 191,495,397

$ 5,508,750

$

0

$ 1,658,859

$

719,129

$ 188,375,722

$

0

$ 1,448,517

$ 2,667,165

$ 23,501,959

$ 1,099,132

$

0

$ 1,608,000

$

150,000

$ 10,567,629

$ 35,221,838

$ 7,271,436

$

639,390

$ 9,389,202

$

0

$ 107,826,070

$

0

$

267,535

$ 11,183,730

$ 63,640,359

$ 3,321,742

$ 3,556,873

$ 1,180,500

$ 8,478,748

$

250,000

$ 10,403,035

$

0

$ 5,361,125

$

0

$ 30,000,000

$ 50,365,172

$ 11,125,646

WEDNESDAY, APRIL 7, 2004

3921

Internet Access School Improvement Teams Communities in Schools Georgia Learning Connection Knowledge is Power Program Postsecondary Options Title I-B Reading First Title I-C Migrant Education (Federal) Title I-D Neglected and Delinquent Title II-A Improving Teacher Quality Title II-D Enhancing Education Thru Technology Title III-A English Language Title IV-B 21st Century Communication Title VI-B Rural and Low-Income Temporary QBE Reduction Austerity Adjustments
Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted State Funds Budgeted

$ 3,644,339

$ 11,636,228

$ 1,320,623

$

0

$

0

$

0

$

0

$ 8,548,626

$ 2,000,255

$ 72,520,695

$ 17,712,888

$ 6,786,358

$ 8,691,764

$ 6,941,585

$ (332,835,102)

$

0

$ 6,928,793,016

$

0

$

0

$ 5,933,991,990

Departmental Program Budgets

Central Office School Improvement Curriculum Testing Special Education Limited English Proficient Staff Development Core K-12 Remedial Education Alternative Education Student Excellence Technology Career Education Agriculture Education Transportation and Facilities Health and Nutrition Facilities Services Data Collection and Technology Services School Leadership RESAs

Total Funds State Funds

$ 10,151,452 $ 8,474,000

$ 43,601,732 $ 16,606,143

$ 58,469,626 $ 36,798,032

$ 23,244,188 $ 13,854,985

$ 313,314,535 $ 106,308,665

$ 6,786,358 $

0

$ 84,303,932 $ 11,779,236

$ 5,746,221,031 $ 5,381,976,471

$

0$

0

$ 3,320,878 $ 1,320,623

$ 2,575,063 $ 1,394,563

$ 49,832,847 $ 16,354,486

$ 8,497,005 $ 7,452,635

$ 257,795,334 $ 35,472,212

$ 152,414,635 $ 152,414,635

$ 1,434,728 $ 1,125,944

$ 15,908,734 $ 12,462,935

$ 5,361,125 $ 5,361,125

$ 11,183,730 $ 11,183,730

3922

JOURNAL OF THE HOUSE

Pass Through Funds State Schools Total

$ 134,376,083 $ 113,651,570

$

0$

0

$ 6,928,793,016 $ 5,933,991,990

B. Budget Unit: Lottery for Education Computers in the Classroom Distance Learning - Satellite Dishes Post Secondary Options Educational Technology Centers Assistive Technology Applied Technology Labs Financial and Management Equipment Alternative Programs Fort Discovery National Science Center Capital Outlay Learning Logic Sites Student Information System
Total Funds Budgeted
Lottery Funds Budgeted

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

C. Budget Unit: Office of School Readiness Pre-Kindergarten - Grants Pre-Kindergarten - Personal Services Pre-Kindergarten - Operations Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay Federal Programs Standards of Care
Total Funds Budgeted
Lottery Funds Budgeted State Funds Budgeted

$ 1,062,815

$ 263,830,987

$ 2,168,985

$ 4,909,478

$ 1,063,917

$

29,783

$

43,283

$

0

$

0

$

0

$

5,000

$

0

$

3,000

$

10,007

$

0

$

0

$ 88,195,529

$

700,000

$ 360,959,969

$ 270,909,450

$ 1,062,815

WEDNESDAY, APRIL 7, 2004

3923

Section 12. Employees' Retirement System.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Benefits to Retirees
Total Funds Budgeted State Funds Budgeted

$

617,000

$ 3,697,925

$

724,190

$

29,000

$

0

$

12,450

$ 1,269,710

$

561,189

$

94,015

$ 1,090,999

$ 3,500,000

$

617,000

$ 11,596,478

$

617,000

Section 13. Forestry Commission.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Ware County Grant Ware County Grant for Southern Forest World Capital Outlay
Total Funds Budgeted
State Funds Budgeted

$ 31,541,263

$ 27,694,557

$ 5,526,404

$

111,311

$

894,579

$ 1,927,651

$

357,000

$

11,518

$

687,240

$

9,500

$

498,260

$

88,500

$

0

$

0

$ 37,806,520

$ 31,541,263

Departmental Program Budgets

Reforestation Forest Protection Forest Management

Total Funds State Funds $ 2,006,374 $ (34,617) $ 28,735,451 $ 25,858,840 $ 3,916,763 $ 2,737,263

3924

JOURNAL OF THE HOUSE

Administration Total

$ 3,147,932 $ 2,979,777 $ 37,806,520 $ 31,541,263

Section 14. Georgia Bureau of Investigation.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Evidence Purchased Capital Outlay Crime Victims Assistance Program Criminal Justice Grants
Total Funds Budgeted
State Funds Budgeted

$ 57,618,104

$ 46,369,258

$ 5,515,403

$

383,950

$

233,921

$

198,636

$

398,200

$

512,904

$ 1,094,547

$ 1,975,955

$ 2,360,359

$

288,667

$

0

$ 4,000,000

$ 27,783,371

$ 91,115,171

$ 57,618,104

Departmental Program Budgets

Centralized Scientific Services Regional Forensic Services Criminal Justice Information Services Regional Investigative Services Special Operations Unit State Health Care Fraud Unit Georgia Information Sharing Analysis Center Task Forces Fugitive Squads D.A.R.E. Criminal Justice Coordinating Council Administration Total

Total Funds State Funds

$ 10,946,149 $ 10,946,149

$ 6,985,122 $ 6,985,122

$ 10,021,496 $ 10,021,496

$ 19,647,817 $ 19,647,817

$

675,326 $

675,326

$ 1,079,429 $ 1,079,429

$

769,091 $

769,091

$ 1,144,097 $ 1,144,097

$

0$

0

$

0$

0

$ 33,803,201 $

306,134

$ 6,043,443 $ 6,043,443

$ 91,115,171 $ 57,618,104

Section 15. Office of the Governor.

WEDNESDAY, APRIL 7, 2004

3925

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Cost of Operations Mansion Allowance Governor's Emergency Fund Intern Program Expenses Art Grants of State Funds Art Grants of Non-State Funds Humanities Grant - State Funds Art Acquisitions - State Funds Grants to Local Systems Grants - Local EMA Grants - Other Grants - Civil Air Patrol Registrations Troops to Teachers
Total Funds Budgeted
State Funds Budgeted

$ 36,065,865

$ 20,217,905

$ 1,441,692

$

338,068

$

0

$

54,911

$

417,968

$ 1,145,891

$

490,440

$ 1,349,833

$ 3,402,900

$ 4,217,745

$

40,000

$ 3,861,681

$

358,595

$ 3,374,509

$

274,194

$

254,499

$

0

$

0

$ 1,085,000

$

0

$

57,000

$

0

$

111,930

$ 42,494,761

$ 36,065,865

Departmental Program Budgets

Governor's Office Georgia Commission on Equal Opportunity Office of Planning and Budget
Budget Management and Fiscal Policy Planning and Evaluation Research and Management Attached Agency Administration Georgia Council for the Arts Office of Consumer Affairs Office of Child Advocate Professional Standards Commission Georgia Emergency Management Agency

Total Funds State Funds

$ 8,478,021 $ 8,478,021

$ 1,087,931 $

700,714

$ 3,027,672 $ 3,027,672

$ 1,119,842 $ 1,119,842

$ 2,068,747 $ 2,068,747

$ 1,882,464 $ 1,882,464

$ 4,718,327 $ 4,054,234

$ 3,776,809 $ 3,209,120

$

699,346 $

699,346

$ 6,252,784 $ 6,140,854

$ 6,444,700 $ 2,012,733

3926

JOURNAL OF THE HOUSE

Office of Education Accountability Office of the Inspector General Office of Homeland Security Total

$ 1,381,488 $ 1,115,488

$

883,841 $

883,841

$

672,789 $

672,789

$ 42,494,761 $ 36,065,865

Section 16. Department of Human Resources.

State Funds Tobacco Funds Brain and Spinal Trust Fund Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Utilities Postage Mental Health Operating Expenses Service Benefits for Children Purchase of Service Contracts Payments to DCH-Medicaid Benefits Grants to County DFCS - Operations Special Purpose Contracts Grant-In-Aid to Counties Medical Benefits Case Services Children's Trust Fund Cash Benefits Major Maintenance and Construction Community Services Brain and Spinal Trust Fund Benefits
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted
Brain and Spinal Trust Fund State Funds Budgeted

$ 1,318,257,565

$ 44,766,104

$ 3,000,000

$ 449,212,927

$ 86,257,542

$ 4,777,609

$

200,000

$

914,132

$ 57,048,832

$ 12,227,112

$ 17,779,930

$ 13,261,319

$ 50,897,104

$ 9,483,001

$ 4,692,271

$ 58,032,348

$ 472,949,597

$ 139,548,228

$ 38,527,677

$ 384,539,915

$ 7,586,714

$ 149,888,851

$ 6,138,072

$

0

$ 7,261,544

$ 129,303,498

$ 2,154,607

$ 469,801,161

$ 2,750,840

$ 2,575,234,831

$ 5,620,100

$ 44,766,104

$ 3,000,000

$ 1,318,257,565

WEDNESDAY, APRIL 7, 2004

3927

Departmental Program Budgets

Child Support Establishment, Collection and

$

Enforcement

Community Care Services Program

$

Contracted Client Transportation Services

$

Elder Abuse and Fraud Prevention

$

Fatherhood Initiative

$

Health Promotion and Disease Prevention (Wellness) $

Home and Community Based Services Program

$

Post Adoption Services

$

Pre-Adoption Services

$

Regulatory Compliance

$

Council on Aging

$

Brain and Spinal Injury Trust Fund Authority

$

Governor's Council on Developmental Disabilities $

Family Connection Partnership

$

Adolescent Health and Youth Development

$

Cancer Screening and Prevention

$

Children with Special Needs

$

Chronic Disease Reduction-Health Promotion

$

Chronic Disease Treatment and Control

$

Emergency Preparedness/Bioterrorism

$

Epidemiology

$

High Risk Pregnant Women and Infants

$

HIV/AIDS

$

Immunization

$

Infant and Child Health Services

$

Injury Prevention

$

Laboratory Services

$

Refugee Health Program

$

Sexually Transmitted Diseases Treatment and Control $

Tobacco Use Prevention

$

Tuberculosis Treatment and Control

$

Vital Records

$

Women, Infants and Children-Nutrition (WIC)

$

Women's Health Services

$

Adoption Services and Supplements

$

Adult Protective Services

$

Child Care

$

Child Protective Services

$

Energy Assistance

$

Total Funds 68,500,117 $
57,829,503 $ 20,109,807 $
100,133 $ 120,000 $ 480,015 $ 42,995,814 $ 2,808,630 $ 5,374,713 $ 33,960,882 $ 146,462 $ 2,999,515 $ 2,271,780 $ 9,477,555 $ 15,590,767 $ 6,321,880 $ 31,139,106 $ 1,515,586 $ 9,239,598 $ 2,566,602 $ 4,880,207 $ 5,020,145 $ 24,112,094 $ 17,452,300 $ 20,508,918 $ 255,988 $ 7,788,526 $ 4,227,866 $ 6,498,192 $ 11,395,905 $ 8,842,446 $ 2,211,602 $ 84,897,605 $ 29,655,069 $ 49,586,921 $ 12,858,776 $ 194,695,467 $ 135,079,518 $ 9,912,292 $

State Funds 15,442,682
48,199,702 4,018,300
4,744 0 0
19,514,918 1,868,226 3,502,357 24,547,591
146,462 2,999,515
24,040 9,202,555 3,582,506 6,321,880 21,072,502 1,515,586 8,028,721 2,566,602 4,520,967 4,890,145 17,250,377 8,782,878 14,638,851
143,983 7,518,526 4,111,722 4,222,605 11,395,905 7,243,485 1,930,820
(59,358) 9,421,276 27,767,411 5,086,548 57,565,799 55,434,993
735,037

3928

JOURNAL OF THE HOUSE

Family Violence Services Food Stamp Program Independent and Transitional Living Services Medicaid Eligibility Determination Out of Home Care Support for Needy Families Refugee Resettlement Children's Trust Fund Commission Child Fatality Review Panel Employment Services-MH/DD/AD Community Services-Adult Community Services-Child and Adolescent Outdoor Therapeutic Program State Hospital Facilities State Hospital Facilities-Other Care State Hospital Facilities-Special Care Substance Abuse Prevention TANF Services-MH/DD/AD Administration Total
Section 17. Department of Industry, Trade and Tourism.
State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Local Welcome Center Contracts Marketing Georgia Ports Authority Lease Rentals Foreign Currency Reserve Waterway Development in Georgia Lanier Regional Watershed Commission Georgia World Congress Center

$ 4,440,181 $ 4,156,117

$ 64,989,558 $ 22,813,047

$ 4,425,484 $

590,731

$ 57,343,471 $ 25,483,391

$ 277,164,397 $ 147,091,469

$ 225,196,595 $ 77,366,547

$ 3,678,203 $

496,416

$ 6,929,818 $ 6,929,818

$

331,348 $

331,348

$ 28,043,220 $ 22,936,715

$ 348,376,092 $ 282,383,949

$ 87,885,279 $ 71,924,076

$ 4,172,448 $ 3,231,756

$ 134,952,705 $ 112,206,085

$ 163,692,961 $ 68,377,861

$ 21,053,413 $ 13,499,886

$ 10,612,071 $

496,265

$ 11,630,578 $ (113,422)

$ 176,888,707 $ 90,660,755

$ 2,575,234,831 $ 1,366,023,669

$ 25,812,690

$

0

$ 12,203,194

$ 1,228,173

$

564,656

$

0

$

15,597

$

376,336

$

793,884

$

402,305

$

30,000

$

959,044

$

238,070

$ 8,952,681

$

0

$

0

$

48,750

$

0

$

0

WEDNESDAY, APRIL 7, 2004

3929

One Georgia Fund Intergovernmental Contract
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$

0

$

0

$ 25,812,690

$

0

$ 25,812,690

Departmental Program Budgets

Administration

$

Recruitment, Expansion and Retention

$

Tourism Sales

$

Tourism Marketing and Promotion

$

Regional Existing Business / Entrepreneurial

$

Development

International Trade Development and Special Projects $

Export Assistance/Statewide Outreach

$

Office of Science and Technology Business

$

Development

Product Development

$

Communication, Policy and Research Development $

Film, Music and Video

$

International Protocol

$

Total

$

Total Funds 4,184,545 $ 4,541,337 $ 2,295,581 $ 6,299,459 $ 1,929,226 $
1,080,295 $ 1,086,574 $ 1,551,526 $
753,931 $ 195,978 $ 899,378 $ 994,860 $ 25,812,690 $

State Funds 4,184,545 4,541,337 2,295,581 6,299,459 1,929,226
1,080,295 1,086,574 1,551,526
753,931 195,978 899,378 994,860 25,812,690

Section 18. Department of Insurance.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Health Care Utilization Review
Total Funds Budgeted
State Funds Budgeted

$ 15,573,172

$ 14,146,115

$

702,947

$

383,030

$

80,176

$

20,000

$

223,000

$

622,028

$

346,334

$

86,042

$

0

$

0

$ 16,609,672

$ 15,573,172

3930

JOURNAL OF THE HOUSE

Departmental Program Budgets

Administration Insurance Regulation Industrial Loan Fire Safety Enforcement Special Fraud Total

Total Funds State Funds

$ 2,044,622 $ 2,044,622

$ 5,257,910 $ 5,257,910

$

470,001 $

470,001

$ 5,469,913 $ 4,433,413

$

713,465 $

713,465

$ 2,653,761 $ 2,653,761

$ 16,609,672 $ 15,573,172

Section 19. Department of Juvenile Justice.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Utilities Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Service Benefits for Children Purchase of Service Contracts Capital Outlay Juvenile Justice Reserve Children and Youth Grants Juvenile Justice Grants
Total Funds Budgeted
State Funds Budgeted

$ 265,188,338

$ 157,647,697

$ 14,431,963

$ 2,152,240

$

258,110

$

767,835

$ 3,559,344

$ 4,194,319

$ 2,229,047

$ 4,006,822

$ 5,348,093

$ 3,091,646

$

360,000

$

0

$ 85,956,308

$

0

$

0

$

0

$

200,000

$ 1,532,150

$ 285,735,574

$ 265,188,338

Departmental Program Budgets

Administration Community Supervision Non-Secure Detention

Total Funds State Funds $ 22,516,770 $ 22,516,770 $ 37,676,866 $ 33,378,578 $ 9,416,395 $ 9,416,395

WEDNESDAY, APRIL 7, 2004

3931

Non-Secure Commitment Secure Detention (RYDC's) Secure Commitment (YDC's) Children and Youth Coordinating Council Total

$ 52,633,237 $ 42,975,694

$ 79,108,502 $ 77,515,969

$ 81,867,380 $ 78,606,508

$ 2,516,424 $

778,424

$ 285,735,574 $ 265,188,338

Section 20. Department of Labor.

A. Budget Unit: State Funds - Department of Labor
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Payments to State Treasury WIA Contracts
Total Funds Budgeted
State Funds Budgeted

$ 12,336,425

$ 84,168,319

$ 7,334,142

$ 1,464,753

$

34,858

$

564,838

$ 2,687,138

$ 2,817,585

$ 1,888,650

$ 2,757,642

$ 1,496,138

$ 1,287,478

$ 54,500,000

$ 161,001,541

$ 12,336,425

Departmental Program Budgets

Unemployment Services Workforce Development Safety Inspections Labor Market Information Commission On Women Administration Total

Total Funds State Funds

$ 44,955,346 $ 4,395,448

$ 96,168,104 $ 2,972,107

$ 2,680,417 $ 1,256,085

$ 2,858,621 $

301,818

$

93,172 $

93,172

$ 14,245,881 $ 3,317,795

$ 161,001,541 $ 12,336,425

B. Budget Unit: State Funds - Division of
Rehabilitation
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$ 26,589,414

$ 90,956,390

$ 14,030,595

$ 2,003,222

$

39,095

3932

JOURNAL OF THE HOUSE

Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Major Maintenance and Construction Special Purpose Contracts Purchase of Service Contracts Case Services
Total Funds Budgeted
Indirect DOAS Services Funding State Funds Budgeted

$ 1,085,790

$ 2,573,235

$ 6,022,313

$ 2,938,642

$ 7,314,026

$ 4,426,781

$

255,000

$ 1,145,188

$ 12,162,087

$ 41,304,191

$ 186,256,555

$

150,000

$ 26,589,414

Divisional Program Budgets

Vocational Rehabilitation Business Enterprises Disability Adjudication Services Georgia Industries for the Blind Roosevelt Warm Springs Institute Administration Total

Total Funds State Funds

$ 84,210,249 $ 16,696,086

$ 1,628,106 $

335,841

$ 54,830,421 $

0

$ 11,776,668 $

677,293

$ 29,902,653 $ 6,449,382

$ 3,908,458 $ 2,430,812

$ 186,256,555 $ 26,589,414

Section 21. Department of Law.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Books for State Library Transfer Funds to Governor's Office
Total Funds Budgeted
State Funds Budgeted

$ 13,229,060

$ 13,406,438

$

705,564

$

181,781

$

0

$

0

$

299,269

$

831,689

$

149,907

$ 19,350,000

$

0

$

100,000

$

0

$ 35,024,648

$ 13,229,060

WEDNESDAY, APRIL 7, 2004

3933

Section 22. Merit System of Personnel Administration.

State Funds Personal Services Regular Operating Expenses Travel Equipment Real Estate Rents Per Diem and Fees Contracts Computer Charges Telecommunications Payments to State Treasury
Total Funds Budgeted
Federal Funds Other Agency Funds Agency Assessments Deferred Compensation State Funds Budgeted

$

0

$ 8,596,409

$

947,171

$

133,213

$

0

$

697,128

$

196,697

$

503,267

$ 1,627,172

$

173,863

$

841,601

$ 13,716,521

$

0

$ 1,188,890

$ 11,598,137

$

929,494

$

0

Departmental Program Budgets

Workforce Development Total Compensation and Rewards Recruitment and Staffing Services Administration. Total

Total Funds State Funds

$ 3,258,181 $

0

$ 5,102,705 $

0

$ 1,307,371 $

0

$ 4,048,264 $

0

$ 13,716,521 $

0

Section 23. Department of Motor Vehicle Safety.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees

$ 77,218,681

$ 55,395,072

$ 6,980,949

$

480,435

$

327,223

$

338,032

$ 12,461,537

$ 2,730,422

$ 2,443,575

$

329,835

3934

JOURNAL OF THE HOUSE

Contracts Capital Outlay Motor Vehicle Tag Purchase Post Repairs Conviction Reports Driver's License Processing Postage Investment for Modernization
Total Funds Budgeted
Department of Transportation Permit Funds Indirect DOAS Funding State Funds Budgeted

$ 1,315,346

$

0

$ 2,000,000

$

0

$

329,824

$ 2,990,324

$

750,000

$

0

$ 88,872,574

$ 7,196,898

$ 1,960,000

$ 77,218,681

Departmental Program Budgets

Administration License Issuance Motorcycle Safety Tag and Title Registration Salvage Inspection Commercial Vehicle and HOV Enforcement Total

Total Funds State Funds

$ 11,912,125 $ 11,912,125

$ 36,135,683 $ 35,155,683

$

0$

0

$ 24,025,798 $ 23,045,798

$ 1,638,290 $ 1,638,290

$ 15,160,678 $ 5,466,785

$ 88,872,574 $ 77,218,681

Section 24. Department of Natural Resources.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Authority Lease Rentals Advertising and Promotion Cost of Material for Resale Capital Outlay: New Construction Repairs and Maintenance

$ 90,744,022

$ 82,308,759

$ 15,129,631

$

844,126

$

310,000

$ 1,237,365

$ 3,374,242

$ 1,207,381

$ 5,970,342

$

621,000

$ 1,313,190

$

0

$

689,910

$ 1,293,300

$

635,734

$ 3,314,750

WEDNESDAY, APRIL 7, 2004

3935

Wildlife Management Area Land Acquisition Paving at State Parks and Historic Sites Grants: Land and Water Conservation Georgia Heritage 2000 Grants Recreation Contracts: Georgia State Games Commission Payments to Civil War Commission Hazardous Waste Trust Fund Solid Waste Trust Fund Wildlife Endowment Fund Payments to Georgia Agricultural Exposition Authority Payments to Southwest Georgia Railroad Excursion Authority Payments to McIntosh County Payments to Baker County Payments to Calhoun County Payments to Georgia Agrirama Development Authority for operations Community Green Space Grants
Total Funds Budgeted
Receipts from Jekyll Island State Park Authority Receipts from Stone Mountain Memorial
Association Receipts from Lake Lanier Islands
Development Authority Receipts from North Georgia Mountain Authority
Indirect DOAS Funding State Funds Budgeted

$

982,330

$

0

$

800,000

$

129,276

$

0

$

75,000

$

0

$ 3,595,077

$

0

$

0

$ 1,578,940

$

383,468

$

100,000

$

31,000

$

24,000

$

816,720

$

0

$ 126,765,541

$

940,190

$

0

$ 1,331,931

$ 1,434,982

$

200,000

$ 90,744,022

Departmental Program Budgets

Administration Land Conservation Historic Preservation Parks and Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance

Total Funds State Funds

$ 10,226,625 $ 10,226,625

$

318,916 $

318,916

$ 2,317,346 $ 1,827,346

$ 37,034,632 $ 17,442,843

$ 2,223,990 $ 2,053,128

$ 34,486,306 $ 28,982,069

$ 39,725,104 $ 29,564,386

$

357,622 $

253,709

3936

JOURNAL OF THE HOUSE

Georgia Games Commission Civil War Commission Total

$

75,000 $

75,000

$

0$

0

$ 126,765,541 $ 90,744,022

Section 25. State Board of Pardons and Paroles.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Jail Subsidy Health Services Purchases
Total Funds Budgeted
State Funds Budgeted

$ 44,228,494

$ 36,144,461

$ 1,333,825

$

331,800

$

0

$

291,500

$

591,200

$ 2,764,792

$

969,433

$

423,304

$ 1,232,829

$

617,500

$

20,000

$ 44,720,644

$ 44,228,494

Departmental Program Budgets

Administration Clemency Decision Parole Supervision Total

Total Funds State Funds $ 2,996,319 $ 2,996,319 $ 10,220,395 $ 10,220,395 $ 31,503,930 $ 31,011,780 $ 44,720,644 $ 44,228,494

Section 26. Department of Public Safety.

A. Budget Unit: State Funds - Department of Public Safety
Operations Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals

$ 71,370,810

$ 60,549,140

$ 7,940,850

$

81,145

$ 3,359,986

$

308,028

$

654,000

$

100,695

WEDNESDAY, APRIL 7, 2004

3937

Telecommunications Per Diem and Fees Contracts State Patrol Posts Repairs and Maintenance Capital Outlay Conviction Reports
Total Funds Budgeted
Indirect DOAS Service Funding State Funds Budgeted

$ 1,673,059

$

254,772

$

274,333

$

316,237

$

0

$

0

$ 75,512,245

$

990,000

$ 71,370,810

Departmental Program Budgets

Administration Field Offices and Services Aviation Specialized Collision Reconstruction Teams Troop J Specialty Unit Multi-Jurisdictional Task Forces Executive Security Capitol Police Excess Property Total

Total Funds State Funds

$ 15,291,093 $ 14,451,093

$ 49,585,248 $ 49,435,248

$ 2,229,016 $ 2,229,016

$ 2,035,024 $ 2,035,024

$ 2,194,228 $ 2,194,228

$

0$

0

$ 1,026,201 $ 1,026,201

$ 3,151,435 $

0

$

0$

0

$ 75,512,245 $ 71,370,810

B. Budget Unit: State Funds - Units Attached for Administrative Purposes Only
Attached Units Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Highway Safety Grants Peace Officers Training Grants Capital Outlay Total Funds Budgeted
State Funds Budgeted

$ 13,524,286

$ 10,005,550

$ 2,591,325

$

118,552

$

0

$

140,592

$

253,767

$

329,147

$

295,994

$

191,337

$

701,771

$ 2,525,200

$ 1,172,061

$

0

$ 18,325,296

$ 13,524,286

3938

JOURNAL OF THE HOUSE

Departmental Program Budgets

Office of Highway Safety Georgia Peace Officers Standards and Training Police Academy Fire Academy Georgia Firefighters Standards and Training Council Georgia Public Safety Training Facility Total

Total Funds State Funds

$ 3,653,678 $

486,741

$ 1,929,126 $ 1,929,126

$ 1,226,513 $ 1,105,419

$ 1,132,053 $

979,373

$

414,070 $

414,070

$ 9,969,856 $ 8,609,557

$ 18,325,296 $ 13,524,286

Section 27. Public School Employees' Retirement System.

State Funds Payments to Employees' Retirement System Employer Contributions
Total Funds Budgeted
State Funds Budgeted

$ 1,420,696

$

587,500

$

833,196

$ 1,420,696

$ 1,420,696

Section 28. Public Service Commission.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts
Total Funds Budgeted
State Funds Budgeted

$ 8,073,708

$ 6,373,145

$

250,711

$

86,876

$

0

$

15,300

$

208,791

$

501,964

$

114,127

$

776,105

$

20,000

$ 8,347,019

$ 8,073,708

Departmental Program Budgets

Administration Utilities Regulation Program Utility Facilities Protection

Total Funds State Funds

$ 1,118,911 $ 1,118,911

$ 6,378,209 $ 6,378,209

$

822,288 $

548,977

WEDNESDAY, APRIL 7, 2004

3939

Georgia No Call Total

$

27,611 $

27,611

$ 8,347,019 $ 8,073,708

Section 29. Board of Regents, University System of Georgia.

A. Budget Unit: State Funds - Resident Instruction Tobacco Funds Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Special Funding Initiative Office of Minority Business Enterprise Student Education Enrichment Program Forestry Research Research Consortium Capital Outlay
Total Funds Budgeted
Departmental Income Sponsored Income Other Funds
Indirect DOAS Services Funding Governor's Emergency Funds Tobacco Funds Budgeted State Funds Budgeted

$ 1,469,172,100 $ 6,243,177

$ 1,624,306,261 $ 503,438,312

$ 398,898,780

$ 755,196,564

$ 28,867,806

$

882,879

$

311,863

$

826,466

$ 26,894,260

$ 95,063,332

$ 3,434,686,523

$ 132,560,254

$ 1,258,634,876

$ 565,036,616

$ 3,039,500

$

0

$ 6,243,177

$ 1,469,172,100

Departmental Program Budgets

Teaching Research Public Service Total

Total Funds State Funds $ 3,125,179,903 $ 1,336,193,457 $ 281,055,109 $ 105,101,389 $ 28,451,511 $ 27,877,254 $ 3,434,686,523 $ 1,475,415,277

B. Budget Unit: State Funds - Regents Central Office and Other Organized Activities
Tobacco Funds Personal Services:

$ 182,627,230

$

0

3940

JOURNAL OF THE HOUSE

Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Agricultural Research Advanced Technology Development Center/ Economic Development Institute Seed Capital Fund - ATDC Capital Outlay Center for Rehabilitation Technology SREB Payments Regents Opportunity Grants Rental Payments to Georgia Military College Direct Payments to the Georgia Public
Telecommunications Commission for Operations Public Libraries Salaries and Operations Student Information System Georgia Medical College Health, Inc.
Total Funds Budgeted
Departmental Income Sponsored Income Other Funds
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 115,755,627 $ 75,862,198

$ 48,740,748 $ 41,236,508 $ 2,485,757 $ 23,354,273

$

0

$

0

$ 7,541,709

$

92,154

$

0

$ 2,344,723

$ 17,280,663

$ 33,169,604

$

0

$ 31,761,251

$ 399,625,215

$ 8,961,113 $ 130,889,335

$ 76,604,037

$

543,500

$

0

$ 182,627,230

Regents Central Office and Other Organized Activities

Marine Resources Extension Center Skidaway Institute of Oceanography Marine Institute Georgia Tech Research Institute Advanced Technology Development Center/ Economic Development Institute Agricultural Experiment Station Cooperative Extension Service MCG - Hospitals and Clinics Veterinary Medicine Experiment Station Veterinary Medicine Teaching Hospital Georgia Radiation Therapy Center

Total Funds State Funds

$ 2,614,460 $ 1,429,660

$ 6,504,282 $ 1,531,343

$ 1,705,789 $

938,156

$ 124,250,240 $ 2,668,363

$ 23,354,273 $ 8,338,273

$ 72,177,551 $ 39,736,289

$ 56,372,576 $ 33,278,439

$

193,500 $

0

$ 3,094,649 $ 3,094,649

$ 7,170,899 $

470,899

$ 3,625,810 $

0

WEDNESDAY, APRIL 7, 2004

3941

Athens and Tifton Veterinary Laboratories Regents Central Office Public Libraries State Data Center GPTC Total

$ 4,694,697 $

40,727

$ 40,832,266 $ 40,725,417

$ 35,603,560 $ 33,094,352

$

150,000 $

0

$ 17,280,663 $ 17,280,663

$ 399,625,215 $ 182,627,230

C. Budget Unit: State Funds - Georgia Public Telecommunications Commission
Personal Services Operating Expenses General Programming Distance Learning Programming
Total Funds Budgeted
Other Funds State Funds Budgeted

$

0

$ 12,840,944

$ 16,593,732

$ 4,070,278

$

0

$ 33,504,954

$ 33,504,954

$

0

D. Budget Unit: Lottery for Education Equipment, Technology and Construction Trust
Fund Georgia Public Telecommunications Commission Internet Connection Initiative Special Funding Initiatives Research Consortium - Georgia Research Alliance Equipment - Public Libraries Student Information System Educational Technology Center
Total Funds Budgeted
Lottery Funds Budgeted

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

Section 30. Department of Revenue.

State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals

$ 460,155,370

$

150,000

$ 54,356,503

$ 4,324,663

$ 1,077,071

$

49,980

$

173,684

$ 12,914,676

$ 6,785,736

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Telecommunications Per Diem and Fees Contracts County Tax Officials/Retirement and FICA Grants to Counties/Appraisal Staff Postage Investment for Modernization Homeowner Tax Relief Grants
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds
State Funds Budgeted

$ 1,185,113

$

606,992

$ 1,223,613

$ 3,785,079

$

0

$ 2,471,575

$ 17,785,550

$ 380,000,000

$ 486,740,235

$ 2,545,000

$

150,000

$ 460,155,370

Departmental Program Budgets

Administration Revenue Processing Tax Compliance Customer Service Industry Regulation Grants and Distribution State Board of Equalization Total

Total Funds State Funds

$ 3,972,719 $ 3,972,719

$ 40,224,286 $ 29,164,591

$ 42,279,252 $ 31,837,824

$ 7,947,156 $ 4,058,465

$ 4,188,924 $ 3,499,584

$ 388,122,898 $ 387,767,187

$

5,000 $

5,000

$ 486,740,235 $ 460,305,370

Section 31. Secretary of State.

A. Budget Unit: State Funds - Secretary of State Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Election Expenses Capital Outlay
Total Funds Budgeted
State Funds Budgeted

$ 32,757,890

$ 18,327,345

$ 4,850,264

$

357,621

$

0

$

53,035

$ 2,913,063

$ 4,464,296

$

888,163

$

157,314

$ 1,446,804

$

364,335

$

0

$ 33,822,240

$ 32,757,890

WEDNESDAY, APRIL 7, 2004

3943

Departmental Program Budgets

Administration Archives and Records Capitol Education Center Corporations Securities Elections and Campaign Disclosures Drugs and Narcotics State Ethics Commission Professional Licensing Boards Holocaust Commission Total

Total Funds State Funds

$ 5,062,986 $ 5,032,986

$ 6,623,401 $ 6,548,401

$

405,553 $

405,553

$ 1,805,154 $ 1,065,804

$ 1,879,463 $ 1,829,463

$ 6,809,319 $ 6,789,319

$ 1,200,010 $ 1,200,010

$ 1,016,726 $ 1,016,726

$ 8,779,582 $ 8,629,582

$

240,046 $

240,046

$ 33,822,240 $ 32,757,890

B. Budget Unit: State Funds - Real Estate Commission
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts
Total Funds Budgeted
State Funds Budgeted

$ 2,649,409

$ 1,579,955

$

185,000

$

47,000

$

0

$

12,500

$

309,034

$

183,512

$

82,376

$

250,032

$

0

$ 2,649,409

$ 2,649,409

Section 32. Soil and Water Conservation Commission.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

$ 2,927,770

$ 1,739,222

$ 1,093,006

$

42,321

$

0

$

19,944

$

11,205

$

121,425

$

38,300

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Per Diem and Fees Contracts County Conservation Grants
Total Funds Budgeted
State Funds Budgeted

$

121,660

$ 2,082,629

$

0

$ 5,269,712

$ 2,927,770

Departmental Program Budgets

Conservation of Soil and Water Resource Water Resource and Land Use Planning Conservation of Agricultural Water Supplies Watershed Flood Control Dams Administration Total

Total Funds State Funds

$ 1,560,051 $

986,646

$ 1,170,101 $ 1,103,101

$ 1,939,517 $

237,980

$

27,923 $

27,923

$

572,120 $

572,120

$ 5,269,712 $ 2,927,770

Section 33. Student Finance Commission.

A. Budget Unit: State Funds - Student Finance Commission
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Guaranteed Educational Loans Tuition Equalization Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants Georgia Military/North Georgia Military Transfer Scholarship Osteopathic Medical Loans North Georgia College and State University Military Scholarship LEAP Program Governor's Scholarship Program

$ 37,604,858

$

499,568

$

17,915

$

20,000

$

0

$

8,300

$

6,000

$

40,015

$

8,681

$

0

$

31,802

$ 3,477,477

$ 28,820,424

$

61,339

$

432,479

$

22,427

$

0

$

661,524

$ 1,487,410 $ 2,530,150

WEDNESDAY, APRIL 7, 2004

3945

Total Funds Budgeted State Funds Budgeted

$ 38,125,511 $ 37,604,858

Departmental Program Budgets

Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education
Commission Total

Total Funds State Funds

$ 37,493,230 $ 36,972,577

$

632,281 $

632,281

$ 38,125,511 $ 37,604,858

B. Budget Unit: Lottery for Education HOPE Financial Aid - Tuition HOPE Financial Aid - Books HOPE Financial Aid - Fees HOPE Joint Enrollment Hope Scholarships - Private Colleges Georgia Military College Scholarship Public Safety Memorial Grant Teacher Scholarships Promise Scholarships Promise II Scholarships Engineer Scholarships Personal Services - HOPE Administration Operating Expenses - HOPE Administration
Total Funds Budgeted
Lottery Funds Budgeted

$ 500,643,778

$ 306,989,060

$ 55,896,225

$ 70,657,003

$ 3,500,000

$ 45,388,740

$

770,477

$

255,850

$ 5,332,698

$ 5,855,278

$

374,590

$

760,000

$ 2,093,984 $ 2,769,873

$ 500,643,778

$ 500,643,778

Section 34. Teachers' Retirement System.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Floor Fund Local Systems

$ 2,138,000

$ 12,701,449

$

844,344

$

76,500

$

0

$

115,000

$ 9,185,000

$

723,975

$

270,000

$

493,000

$

0

$ 2,050,000

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COLA Local Systems

Total Funds Budgeted State Funds Budgeted

$

88,000

$ 26,547,268

$ 2,138,000

Section 35. Department of Technical and Adult Education.

A. Budget Unit: State Funds - Department of Technical and Adult Education
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Capital Outlay Personal Services-Institutions Operating Expenses-Institutions Area School Program Adult Literacy Grants Regents Program Quick Start Program
Total Funds Budgeted
State Funds Budgeted

$ 288,122,395

$ 5,935,084

$

316,985

$

125,510

$

0

$

12,886

$

586,463

$

121,671

$

164,110

$

327,695

$

115,980

$

0

$ 253,271,965

$ 63,743,175

$ 5,521,825

$ 18,655,783

$ 3,269,256 $ 11,701,124

$ 363,869,512

$ 288,122,395

Departmental Program Budgets

Administration Technical Education Adult Literacy Education Economic Development Total

Total Funds State Funds $ 7,706,384 $ 5,646,596 $ 325,806,221 $ 259,910,304 $ 18,655,783 $ 10,864,371 $ 11,701,124 $ 11,701,124 $ 363,869,512 $ 288,122,395

B. Budget Unit: Lottery for Education
Computer Laboratories and Satellite Dishes-Adult Literacy
Capital Outlay

$

0

$

0

$

0

WEDNESDAY, APRIL 7, 2004

3947

Capital Outlay - Technical Institute Satellite Facilities
Equipment-Technical Institutes Repairs and Renovations - Technical Institutes
Total Funds Budgeted
Lottery Funds Budgeted

$

0

$

0

$

0

$

0

$

0

Section 36. Department of Transportation.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Mass Transit Grants Payments to the State Road and Tollway Authority Guaranteed Revenue Reserve Fund Airport Aid Program Harbor Maintenance
Total Funds Budgeted
State Funds Budgeted

$ 646,858,968

$ 251,916,632

$ 79,533,636

$ 2,102,944

$ 1,927,751

$ 5,591,955

$ 8,850,593

$ 1,830,782

$ 4,924,471

$ 7,362,438

$ 48,077,857

$ 1,129,313,034

$ 16,964,558

$ 75,667,665

$ 25,893,451

$ 3,507,783

$

721,355

$ 1,664,186,905

$ 646,858,968

Departmental Program Budgets

Motor Fuel Tax Budget Maintain State Highway System Operate State Highway System Construct and Improve State Highway System Local Road Assistance Data Collection Administration Total

Total Funds $ 318,412,284 $ $ 52,724,395 $ $ 1,069,585,636 $ $ 149,114,628 $ $ 5,592,116 $ $ 41,801,010 $ $ 1,637,230,069 $

State Funds 181,941,310
22,945,698 307,488,892
88,168,653 1,663,612 31,940,937 634,149,102

General Funds Budget Transit

$ 18,269,604 $ 5,091,992

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Aviation Air Transportation Rail Ports and Waterways Total

$ 4,120,304 $ 3,870,014

$ 1,913,591 $ 1,255,796

$ 1,621,750 $ 1,544,313

$ 1,031,587 $

947,751

$ 26,956,836 $ 12,709,866

Section 37. Department of Veterans Service.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Operating Expense/Payments to Medical College
of Georgia Capital Outlay WWII Veterans Memorial Regular Operating Expenses for Projects and
Insurance Total Funds Budgeted
State Funds Budgeted

$ 21,017,073

$ 5,444,798

$

278,597

$

136,200

$

0

$

100,822

$

5,000

$

223,033

$

86,581

$

20,612

$ 17,617,375

$ 7,541,980

$

0

$

0

$

294,760

$ 31,749,758 $ 21,017,073

Departmental Program Budgets

Veterans Benefits Milledgeville Nursing Home Augusta Nursing Home Georgia Veterans Memorial Cemetery Administration Total

Total Funds State Funds

$ 5,504,863 $ 5,181,938

$ 17,516,828 $ 10,291,693

$ 7,536,580 $ 4,431,830

$

290,738 $

290,738

$

900,749 $

820,874

$ 31,749,758 $ 21,017,073

Section 38. Workers' Compensation Board.

State Funds Personal Services

$ 14,503,707 $ 9,713,843

WEDNESDAY, APRIL 7, 2004

3949

Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Payments to State Treasury
Total Funds Budgeted
State Funds Budgeted

$

470,115

$

140,600

$

0

$

44,048

$

334,329

$ 1,296,009

$

170,876

$

183,100

$ 2,514,787

$ 14,867,707

$ 14,503,707

Departmental Program Budgets

Administration Dispute Resolution Licensure and Quality Assurance Rehabilitation Management Enforcement Total

Total Funds State Funds

$ 2,990,691 $ 2,990,691

$ 8,570,407 $ 8,322,887

$ 1,245,387 $ 1,194,427

$

733,062 $

711,222

$ 1,328,160 $ 1,284,480

$ 14,867,707 $ 14,503,707

Section 39. State of Georgia General Obligation Debt Sinking Fund.

A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (Issued) Motor Fuel Tax Funds (Issued)

$ 763,037,893 $ 75,000,000 $ 838,037,893

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) Motor Fuel Tax Funds (New)

$ 85,313,235

$

0

$ 85,313,235

Section 40.

Provisions Relative to Section 3, Judicial Branch.

The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement

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contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 41. Provisions Relative to Section 4, Department of Administrative Services.
It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.
Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 2004 of all vehicles purchased or newly leased during Fiscal Year 2004.
Notwithstanding any provision of the law to the contrary, in managing any of the self-insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.

WEDNESDAY, APRIL 7, 2004

3951

Section 42. Provisions Relative to Section 7, Department of Community Affairs.

Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

If a local assistance grant below incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose.

If a local assistance grant below states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character.
Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity.

If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property

Recipient

Description

City of

Funding for operating expenses for Silver Haired

Milledgeville Legislature

Funding for the Civil War Naval Museum in the City of

City of Columbus Columbus

Funding for the Augusta Mini-Theater after school

City of Augusta program

Warren County Funding for indirect cost in Warren County

McDuffie County Funding for equalization in McDuffie County

Amount $ 15,000 $ 87,500 $ 50,000 $ 50,000 $ 100,000

Section 43. Provisions Relative to Section 8, Department of Community Health.

There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the provider fees paid to the Indigent Care Trust Fund created pursuant to Article 6A of Chapter 8 of Title 31. The sum of money is appropriated for payments to nursing homes pursuant to Article 6A.

It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 2005 shall not exceed 13.1%.

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It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 2005 shall not exceed 13.1%.

Section 44.

Provisions Relative to Section 11, State Board of Education Department of Education.

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,342.73. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Section 45.

Provisions Relative to Section 15, Office of the Governor.

There is hereby appropriated to the Office of the Governor the sum of $350,000 of the moneys collected in accordance with O.C.G.A. Title 10, Chapter 1, Article 28. The sum of money is appropriated for use by the Office of Consumer Affairs for all the purposes for which such moneys may be appropriated pursuant to Article 28.

It is the intent of the General Assembly that of funds appropriated for the Governor=s Emergency Fund, $1,500,000 is intended for relief in declared disasters.

Section 46. Provisions Relative to Section 16, Department of Human Resources.

The Department of Human Resources is authorized to calculate all Temporary Assistance for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need $ 235
356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568

WEDNESDAY, APRIL 7, 2004

3953

Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.

Provided, that of the above appropriations relative to the treatment of Hemophilia and it=s complications, these funds may be used to provide treatment and care to the bleeding disorders community or to purchase insurance to provide this treatment and care, whichever is less.

Section 47.

Provisions Relative to Section 20, Department of Labor.

Provided, from funds known as Reed Act funds credited to and held in this state=s account in the Unemployment Trust Fund by the United States Secretary of the Treasury pursuant to the AJob Creation and Worker Assistance Act of 2002" (P.L. 107-147) and Section 903 (d) of the Social Security Act, as amended, $49,339,507 is designated for administration of the unemployment compensation law and public employment offices, including workforce information service delivery, technology, resources, and equipment to support employment, workforce staff training, studies and reports, buildings, fixtures, furnishings, and supplies. The amount hereby appropriated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, and shall be obligated and expended in accordance with Section 903 (d) (4) of the Social Security Act.

Provided further, that no funds shall be expended until approved by the Office of Planning and Budget.

Section 48. Provisions Relative to Section 22, Merit System of Personnel Administration.

The Department is authorized to assess no more than $147.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year.

Section 49. Provisions Relative to Section 24, Department of Natural Resources.

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Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.

Provided, that of the amount above for contracts, no more than $55,000 may be used for a common program of subsidizing mass transit fares to and from work for employees of state agencies and authorities, as authorized in O.C.G.A. 45-7-55, and if not for such purposes, then for other purposes within the object class. The subsidy may be limited to employees who live or work in the AAtlanta Ozone Nonattainment Area@ and may not exceed $15 per month per employee. The Department of Transportation and any other budget unit eligible for such a grant may apply to this purpose available federal matching funds. For purposes of this appropriation AAtlanta Ozone Nonattainment Area@ means the geographic area of the state comprised of Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale Counties.

Section 50.

Provisions Relative to Section 30, Department of Revenue.

For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $10,000 for the taxable year beginning January 1, 2004.

Section 51.

Provisions Relative to Section 31, Secretary of State.

There is included in the Real Estate Rentals object class for the Secretary of State funding for a rental agreement with the Development Authority of Clayton County for the Department of Archives and History.

Section 52.

Provisions Relative to Section 34, Teachers= Retirement System.

It is the intent of the General Assembly that the employer contribution rate for the Teachers= Retirement System shall not exceed 9.24% for S.F.Y. 2005.

Section 53. Provisions Relative to Section 36, Department of Transportation.

WEDNESDAY, APRIL 7, 2004

3955

For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 36 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(1), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.

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Provided, that funding available to the Department of Transportation may be used for right-of-way acquisition for a multi-lane road to connect Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3.
Provided further, that from the amount equal to all money derived from motor fuel taxes for the proceeding fiscal year, there is appropriated the sum $25,893,450 for payment into the AState of Georgia Guaranteed Revenue Debt Common Reserve Fund@. The purpose of this appropriation is to authorize the guarantee by the State of an issue of revenue obligations of the State Road and Tollway Authority for the construction and improvements to roads and bridges including related planning, engineering and land acquisition expenses. The maximum principal amount of the specific issue shall not exceed $300,000,000; the amount of the highest debt service shall not exceed the amount of this appropriation; and the maximum maturities of the issue shall not exceed two hundred forty months. The General Assembly has determined that the obligations of the issue will be self-liquidating over the life of the issue.
Section 54.
In addition to all other appropriations for the State fiscal year ending June 30, 2005, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $8,578,874 for the purpose of providing operating funds for the State physical health laboratories ($120,000) and for State mental health/mental retardation institutions ($8,458,874) in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 55.
To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and

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Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 56.
Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 57.
In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 58.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 59.
In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to

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each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 60.
(a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 2004 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.

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(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 61.
Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 62.
There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 63. Provisions Relative to Section 39, State of Georgia General Obligation Debt Sinking Fund.
From the appropriation designated AState General Funds (New)@, $14,087,040 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $161,920,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated AState General Funds (New)@, $2,984,330 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $13,205,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

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From the appropriation designated "State General Funds (New)," $224,870 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $995,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $8,452,485 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $97,155,000 7in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $5,729,820 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $65,860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $4,785,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $55,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $78,300 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than

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$900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $421,950 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,850,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $4,452,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $19,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $2,260,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $420,360 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $2,260,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property,

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highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,695,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $74,820 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,447,506 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $16,638,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $926,600 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Forestry Commission, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,740,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the

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purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $2,453,400 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $28,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $565,500 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,252,800 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $8,700,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $100,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $4,520,000 is specifically appropriated for the purpose of financing projects and facilities for the

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Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $384,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,356,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $472,410 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,430,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,219,740 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,020,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)," $205,660 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $910,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $111,795 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,285,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,786,530 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,905,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,376,340 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,820,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $174,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Defense, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal

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amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $33,900 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $96,050 is specifically appropriated for the purpose of financing projects and facilities for the Department of Revenue, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,993,170 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $22,910,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $29,928 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $344,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,377,993 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property,

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highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,839,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $365,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $24,099 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $277,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,805,250 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $174,000 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the East Coweta County Public Library for that library, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $174,000 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Forsyth County Public Library for that library, through the issuance of not more than $2,000,000 in

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principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,655,784 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $19,032,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $31,640 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $140,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $163,850 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Safety by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $725,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $73,080 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Bartow County Public Library for that library, through the issuance of not more than $840,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $41,760 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than

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$480,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and for forty months.
From the appropriation designated "State General Funds (New)," $217,500 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the South Bibb County Public Library for that library, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $43,500 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Wheeler County Public Library for that library, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $174,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $121,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and for forty months.
From the appropriation designated "State General Funds (New)," $97,875 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,125,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and for forty months.

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Section 64. Salary Adjustments.
The General Assembly has distributed and included in the agency appropriations listed above funding for the following purposes: 1.) To provide a general salary adjustment of 2%, not to exceed $1,600 per employee on an annual basis, for employees of the Judicial, Legislative and Executive branches, with the amount of the appropriation for this purpose calculated according to an effective date of January 1, 2005. The proposed salary adjustment for Executive branch employees will be in conformance with the compensation and performance management plans promulgated by the State Personnel Board or as otherwise provided by law. 2.) To provide for a cost-of-living adjustment of 2% for each state official whose salary is set by Code Sections 45-7-3, 45-7-4, 45-7-20 and 45-7-21 and for discretionary increases of 2% for other department heads and officers whose salary is not set by statute. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2005. 3.) To provide a cost-of-living adjustment of 2% for members of the General Assembly. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2005. 4.) To provide for a 2% increase in the state base salary on the local teacher salary schedule of the State Board of Education. This proposed 2% salary improvement is in addition to the salary increases awarded to certificated personnel through normal progression on the teacher salary schedule of the State Board of Education. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2005. 5.) To provide for a 2% increase for local school bus drivers and lunchroom workers with the amount of the appropriation for this purpose calculated according to an effective date of July 1, 2004. 6.) In lieu of all other numbered items, to provide a 2% funding level for merit increases for Regents faculty and non-academic personnel, with the amount of the appropriation for this purpose calculated to commence with Spring semester, 2005, for Regents faculty and calculated to commence January 1, 2005, for non-academic personnel. In lieu of all other numbered items, to provide a 2% salary increase for public librarians with the amount of the appropriation for this purpose calculated according to an effective date of January 1, 2005. 7.) In lieu of all other numbered items, to provide for a 2% salary increase for teachers with the Department of Technical and Adult Education with the amount of the appropriation for this purpose calculated according to an effective date of January 1, 2005, and to provide for a 2% salary increase for support personnel, with the amount of the appropriation for this purpose calculated according to an effective date of January 1, 2005. 8.) To provide for the addition of an L-6 longevity factor to the teacher salary schedule for Public School Teachers with 21 or more years of experience with the amount of the appropriation for this purpose calculated according to an effective date of January 1, 2005.
Section 65
Provided however, the resulting appropriations above are reduced accordingly in the

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amount of $179,349,990 for the purpose of extending the final pay period in State Fiscal Year 2005 into the following fiscal year.

Section 66. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2005

$ 16,376,321,131

Section 67.

This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 68.

All laws and parts of laws in conflict with this Act are repealed.

Representative Parrish of the 102nd moved that the House adopt the report of the Committee of Conference on HB 1181.

On the motion, 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 N Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter N Burmeister

Y Day Dean
Y Deloach Y Dix Y Dodson N Dollar Y Dooley Y 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

E Hill, C.A Y Hill, V Y Hines
Holmes N 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 N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y 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 Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet N Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren

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Y Butler Y Campbell Y Casas N Chambers Y Channell Y Childers N Coan Y Coleman, B Y Cooper N Crawford Y Cummings

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Y Hanner E Harbin Y Harper N Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson N Hill, C

Y Mangham Y Manning Y Marin N Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton N Millar Y Mills

Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 155, nays 15. The motion prevailed.

Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

Representative Ehrhart of the 28th 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.

SB 514. By Senators Cagle of the 49th, Starr of the 44th and Lee of the 29th:
A BILL to be entitled an Act to amend Code Section 50-17-23 of the Official Code of Georgia Annotated, relating to general obligation and guaranteed revenue debts, so as to authorize the issuance of general obligation bonds bearing interest at variable rates; to provide for procedures, conditions, and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 514

The Committee of Conference on SB 514 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 514 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

WEDNESDAY, APRIL 7, 2004

/s/ Casey Cagle Senator, 49th District
/s/ Daniel W. Lee Senator, 29th District
/s/ Terrell Starr Senator, 44th District

/s/ A. Richard Royal Representative, 140th District
/s/ Jamieson Representative, 22nd District
/s/ Keith Heard Representative, 75th District

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A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain provisions regarding the creation of tax allocation districts; to change the definition of redevelopment area; to change certain provisions regarding the allocation of certain tax allocation increments; to change certain provisions regarding the use of local general fund moneys with respect to tax allocation bonds; to authorize the issuance of commercial paper; to authorize the issuance of general obligation bonds bearing interest at variable rates; to provide for procedures, conditions, and limitations; 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 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking subparagraphs (F) and (G) of paragraph (7) of Code Section 36-443, relating to definitions regarding redevelopment powers, and inserting in their places new paragraphs (F), (G), and (H) to read as follows:
"(F) Any geographic area designated within the comprehensive plan of a political subdivision for redevelopment which has previously been developed for commercial, residential, industrial, office, or similar or ancillary uses and which lies within the service delivery area of the political subdivision, in which the current condition of the area is less desirable than the redevelopment of the area for new commercial, residential, industrial, office, or other uses, or a combination of uses, including the provision of open space or pedestrian and transit improvements, and any geographic area that is adversely affected by airport or transportation related noise or other environmental degradation, contamination, or other environmental factors which the political subdivision has determined to be impairing or retarding the redevelopment of the area; or

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(G) Any urbanized or developed area or an area connecting two or more urbanized or developed areas that has been subject to some development but which has inadequate roadways, bridges, or public transportation or transit facilities incapable of handling the volume of traffic or passenger flow in or through the area in a safe and efficient manner either at present or following proposed redevelopment; or (G)(H) Any area combining any factors specified in subparagraphs (A) through (F)(G) of this paragraph."
SECTION 2. Said title is further amended by striking Code Section 36-44-8, relating to creation of tax allocation districts, and inserting in its place a new Code Section 36-44-8 to read as follows:
"36-44-8. In order to create and carry out the purposes of a tax allocation district, the following steps are required:
(1) Preparation by the redevelopment agency of a redevelopment plan for the proposed tax allocation district and its submission for consent to the political subdivision or board of education required to consent, if the plan proposes to include in the tax allocation increment ad valorem taxes levied by a political subdivision or board of education required to consent to such inclusion under Code Section 36-44-9, or if the plan proposes to pledge for payment or security for payment of tax allocation bonds and other redevelopment costs the general funds of a county required to consent to such inclusion under Code Section 36-44-9; (2) Submission of the redevelopment plan, along with a certified copy of any resolution giving the consent required under paragraph (1) of this Code section, to the local legislative body of the political subdivision whose area of operation will include the tax allocation district; and (3) Adoption by the local legislative body of a resolution approving the redevelopment plan and which:
(A) Describes the boundaries of the tax allocation district with sufficient definiteness to identify with ordinary and reasonable certainty the territory included. The boundaries shall include only those whole units of property assessed for ad valorem property tax purposes; (B) Creates the district on December 31 following the adoption of the resolution or on December 31 of a subsequent year as determined by the local legislative body; (C) Assigns a name to the district for identification purposes. The first district created shall be known as 'Tax Allocation District Number 1,' followed by the name of the political subdivision within whose area of operation the district is located; (D) Specifies the estimated tax allocation increment base; (E) Specifies property taxes to be used for computing tax allocation increments; (F) Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds

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derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20; and (G) Contains findings that:
(i) The redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan or includes one or more natural or historical assets which have not been adequately preserved or protected and such asset or assets would not reasonably be anticipated to be adequately preserved or protected without the approval of the redevelopment plan; and (ii) The improvement of the area is likely to enhance the value of a substantial portion of the other real property in the district. If any information required to be included in the resolution approving the redevelopment plan under subparagraphs (A) through (G) of this paragraph is contained in the redevelopment plan, then the resolution approving the redevelopment plan may incorporate by reference that portion of the redevelopment plan containing said information.; and (4) A certified copy of any resolution giving the consent required under paragraph (1) of this Code section must be submitted to the local legislative body of the political subdivision whose area of operation will include the tax allocation district prior to inclusion of such ad valorem taxes or general funds in calculation of the tax allocation increment."
SECTION 3. Said title is further amended by striking subsection (c) of Code Section 36-44-11, relating to allocation of certain tax allocation increments, and inserting in its place a new subsection (c) to read as follows:
"(c) All positive tax allocation increments received for a tax allocation district shall be deposited into a special fund for the district upon receipt by the fiscal officer of the political subdivision. All general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and other redevelopment costs of the tax allocation district shall be deposited upon receipt into the special fund. Any lease or other contract payments made under the districts redevelopment plan shall also be deposited upon receipt into the special fund. Moneys derived from positive tax allocation increments, general fund moneys, and moneys derived from lease or other contract payments shall be accounted for separately within the special fund. Moneys shall be paid out of the fund only to pay redevelopment costs of the district or to satisfy claims of holders of tax allocation bonds issued for the district. The local legislative body shall irrevocably pledge all or a part of such special fund to the payment of the tax allocation bonds. The special fund or designated part thereof may thereafter be used only for the payment of the tax allocation bonds and interest until they have been fully paid, and a holder of said bonds shall have a lien

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against the special fund or said designated part thereof pledged for payment of said bonds and may either at law or in equity protect and enforce the lien. General funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay principal and interest due on such bonds. Subject to any agreement with bondholders, moneys in the fund may be temporarily invested in the same manner as other funds of the political subdivision. Except as provided in Code Section 36-44-20, general funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay the principal and interest due on such bonds. After all redevelopment costs and all tax allocation bonds of the district have been paid or provided for, subject to any agreement with bondholders, if there remains in the fund any moneys derived from positive tax allocation increments, they shall be paid over to each county, municipality, consolidated government, or county or independent board of education whose ad valorem property taxes were affected by the tax allocation district in the same manner and proportion as the most recent distribution by the county tax collector or tax commissioner, municipal official responsible for collecting municipal ad valorem property taxes, or consolidated government official responsible for collecting consolidated government ad valorem property taxes. If there remains in the fund any other moneys, they shall be paid over to each political subdivision which contributed to the fund in proportion to the respective total contribution each made to the fund."
SECTION 4. Said title is further amended by striking Code Section 36-44-20, relating to use of local general fund moneys with respect to tax allocation bonds, and inserting in its place a new Code Section 36-44-20 to read as follows:
"36-44-20. (a) Notwithstanding any other provisions of this chapter, a local legislative body may use, pledge, or otherwise obligate its general funds for payment or security for payment of tax allocation bonds issued or incurred under this chapter but only if those general funds are derived from a designated tax allocation district and used for payment or security for payment of tax allocation bonds issued or incurred under this chapter for redevelopment of that district and only to the extent that positive tax increments or lease or other contract payments in that districts special fund are insufficient at any time to pay principal and interest due on such bonds. (b) The requirement of insufficiency provided for in subsection (a) of this Code section may be satisfied by adoption of a resolution of the local legislative body finding that positive tax increments or lease or other contract payments in the districts special fund will be insufficient to pay principal and interest on bonds to be issued to finance redevelopment costs for the redevelopment described in the redevelopment plan."

WEDNESDAY, APRIL 7, 2004

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SECTION 5. Said title is further amended by adding a new article at the end of Chapter 82, relating to bonds, to be designated Article 10, to read as follows:
"ARTICLE 10
36-82-240. As used in this article, the term:
(1) 'Governing body' means the board, commission, council, or other local legislative body of governmental entity. (2) 'Governmental entity' means any school district, independent school system, county, municipal corporation, consolidated city-county government, or other political subdivision of the state, any local authority, local body corporate, or local public corporation created by or pursuant to the Constitution of Georgia or any general, local, or special Act of the General Assembly, or any special district or community improvement district of the state. The term 'governmental entity' does not include 'state authorities' as defined in paragraph (9) of Code Section 50-17-21.
36-82-241. (a) Whenever a governmental entity is authorized by law to issue bonds, notes, or certificates, including but not limited to general obligation bonds, revenue bonds, bond anticipation notes, tax anticipation notes, or revenue anticipation certificates, such governmental entity is authorized to issue such obligation in the form of commercial paper notes. The issuance of commercial paper notes shall be subject to the same restrictions and provisions under the laws of this state which would be applicable to the issuance of the type of bond, note, or certificate in lieu of which the commercial paper notes are being issued. The governing body of any governmental entity may designate the commercial paper notes issued under this article to be in registered form or bearer form and may provide for payment by wire transfers or electronic funds transfer in accordance with the federal Electronic Fund Transfer Act, 15 U.S.C., Section 1693, et seq. The authority granted by this article to issue commercial paper notes shall not be construed to permit the governmental entity to increase or otherwise alter any debt limits. (b) To secure commercial paper notes authorized under this article, a governmental entity may:
(1) Pledge its anticipated taxes, grants, other revenue, the proceeds of any bonds, notes, or other permanent financing, or any combination thereof; (2) Segregate any pledged funds in separate accounts that may be held by the governmental entity or third parties; (3) Enter into contracts with third parties to obtain standby lines of credit or other financial commitments designated to provide additional security for commercial paper notes authorized by this article;

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(4) Establish any reserves deemed necessary for the payment of the commercial paper notes; and (5) Adopt ordinances or resolutions and enter into agreements containing covenants, including covenants to issue bonds, notes, or other permanent financing and provisions for protection and security of the owners of commercial paper notes, which shall constitute enforceable contracts with such owners. (c) Commercial paper notes authorized by this article may be in any form and contain any terms, including provisions for redemption at the option of the owner and provisions for the varying of interest rates in accordance with any index, bankers loan rate, or other standard. (d) The governing body shall adopt an ordinance or resolution finding that issuance of the obligations in the form of commercial paper notes is necessary and desirable, directing the designated officer to arrange for preparation of the requisite number of suitable notes, and specifying other provisions relating to the commercial paper notes including the following: (1) For each program of commercial paper notes authorized, the final date of maturity and the total aggregate principal amount of the commercial paper notes authorized to be outstanding at any one time up to the maturity date. The ordinance or resolution may provide that the commercial paper notes may be issued and renewed from time to time until the final maturity date and that the amount issued from time to time may be set by a designated officer of the governmental entity up to the maximum amount authorized to be outstanding at any one time. The ordinance or resolution shall include methods of setting the dates, numbers, and denominations of the commercial paper notes; (2) The method of setting the interest rates and interest payment dates applicable to the commercial paper notes. Commercial paper notes may bear a stated rate of interest payable only at maturity, which rate or rates may be determined at the time of sale of each unit of commercial paper notes; (3) The maximum effective rate of interest the commercial paper notes shall bear; (4) The manner of sale; (5) The discount, if any, the governmental entity may allow; (6) Any provisions for the redemption of the commercial paper notes prior to the stated maturity; (7) The technical form and language of the commercial paper notes; and (8) All other terms and conditions of the commercial paper notes and of their execution, issuance, and sale deemed necessary and appropriate by the governing body. (e) The governing body, in the ordinance or resolution authorizing the issuance of commercial paper notes under this article, may delegate to any elected or appointed official or employee of the governmental entity the authority to determine maturity dates, principal amounts, redemption provisions, interest rates, and other terms and conditions of such commercial paper notes that are not appropriately determined at the time of enactment or adoption of the authorizing ordinance or resolution, which

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delegated authority shall be exercised subject to such parameters, limitations, and criteria as may be set forth in such ordinance or resolution. (f) Any commercial paper notes may be sold at negotiated sale at a price below the par value thereof. (g) For purposes of determining the principal amount of debt outstanding in connection with complying with any limitations on the amount of debt outstanding for a governmental entity, commercial paper notes shall be deemed outstanding at any time during the term of a program of commercial paper notes in an amount equal to the maximum amount authorized in the ordinance or resolution. (h) The renewal and reissuance from time to time of the commercial paper notes pursuant to a commercial paper note program in an amount up to the maximum amount authorized by the ordinance or resolution shall be deemed to be a refunding of the previously maturing amount."
SECTION 6. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-17-23, relating to general obligation and guaranteed revenue debts, by adding a new subsection at the end thereof, to be designated subsection (d), to read as follows:
"(d) Variable rate debt. (1) As used in this subsection, the term 'variable rate debt' means general obligation debt bearing interest at a variable interest rate. (2) Variable rate debt may be incurred in the following manner: (A) For purposes of calculating the highest annual debt service requirements for variable rate debt, interest may be calculated at the maximum rate of interest that may be payable during any one fiscal year, after taking into account any credits permitted in the related bond resolution, indenture, or other instrument against such amount; (B) Any resolution authorizing general obligation debt which is variable rate debt, in lieu of stating the rate or rates at which such variable rate debt shall bear interest and the price or prices at which such variable rate bonds shall be initially sold or remarketed, in the event of purchase and subsequent resale, may provide that such interest rates and prices may vary from time to time depending on criteria established in the approving resolution, which criteria may include, without limitation, references to indices or variations in interest rates as may, in the judgment of a remarketing agent, be necessary to cause variable rate debt to be remarketable from time to time at a price equal to its principal amount and may provide for the appointment of a bank, trust company, investment bank, or other financial institution to serve as remarketing agent for such purposes. The resolution for any variable rate debt may provide that alternate interest rates or provisions for establishing alternate interest rates, different security or claim priorities, or different call or amortization provisions will apply during such times as the variable rate debts are held by a person providing credit or liquidity enhancement arrangements

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for such debt as authorized in subparagraph (C) of this paragraph. The resolution may also provide for such variable rate debt to bear interest at rates established pursuant to a process generally known as an auction rate process and may provide for appointment of one or more financial institutions or investment banks to serve as auction agents and broker-dealers in connection with the establishment of such interest rates and sale and remarketing of such debt; (C) In connection with the issuance of any variable rate debt, the state may enter into arrangements to provide additional security and liquidity for such debt, including without limitation, bond or interest rate insurance or letters of credit, bond purchase contracts, or other arrangements whereby funds are available to retire or purchase such variable rate debt, thereby assuring the ability of owners of the variable rate debt to sell or redeem such debt. The state may enter into contracts and may agree to pay fees to persons providing such arrangements, but only under circumstances where the appropriate officer has certified that he or she reasonably expects that the total interest paid or to be paid on the variable rate debt, together with the fees for the arrangements, being treated is if interest, would not, taken together, cause the debt to bear interest, calculated to its stated maturity, at a rate in excess of the rate that the debt would bear in the absence of such arrangements; and (D) The state may enter into qualified interest rate management agreements with respect to any variable rate debt. Net payments for such qualified interest rate management agreements shall constitute interest on the variable rate debt and shall be paid from the same source as payments on the variable rate debt. During the term of any qualified interest rate management agreement, annual debt service requirements of the variable rate debt may be calculated taking into account any amounts to be paid or received pursuant to the terms of such qualified interest rate management agreement."
SECTION 7. Said title is further amended by adding a new article at the end of Chapter 17, relating to state debt, investment, and depositories, to be designated Article 4, to read as follows:
"ARTICLE 4
50-17-90. As used in this article, the term:
(1) 'Governing body' means, with respect to the state, the Georgia State Financing and Investment Commission, and with respect to a state authority, such authoritys board. (2) 'State authority' shall mean 'state authority' as defined in paragraph (9) of Code Section 50-17-21.
50-17-91. (a) Whenever the state or any state authority is authorized by law to incur bonds,

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notes, or certificates, including but not limited to general obligation bonds, guaranteed revenue bonds, revenue bonds, bond anticipation notes, tax anticipation notes, or revenue anticipation certificates, the state or state authority is authorized to issue such obligation in the form of commercial paper notes. The issuance of commercial paper notes shall be subject to the same restrictions and provisions under the laws of this state which would be applicable to the issuance of the type of bond, note, or certificate in lieu of which the commercial paper notes are being issued. The state or state authority may designate the commercial paper notes issued under this article to be in registered form or bearer form and may provide for payment by wire transfers or electronic funds transfer in accordance with the federal Electronic Fund Transfer Act, 15 U.S.C., Section 1693, et seq. The authority granted by this article to issue commercial paper notes shall not be construed to permit the state or state authority to increase or otherwise alter any debt limits. (b) To secure commercial paper notes authorized under this article, the state or state authority may: (1) Pledge its anticipated taxes, grants, other revenue, the proceeds of any bonds, notes, or other permanent financing, or any combination thereof; (2) Segregate any pledged funds in separate accounts that may be held by the state, state authority, or third parties; (3) Enter into contracts with third parties to obtain standby lines of credit or other financial commitments designated to provide additional security for commercial paper notes authorized by this article; (4) Establish any reserves deemed necessary for the payment of the commercial paper notes; and (5) Adopt resolutions and enter into agreements containing covenants, including covenants to issue bonds, notes, or other permanent financing and provisions for protection and security of the owners of commercial paper notes, which shall constitute enforceable contracts with such owners. (c) Commercial paper notes authorized by this article may be in any form and contain any terms, including provisions for redemption at the option of the owner and provisions for the varying of interest rates in accordance with any index, bankers loan rate, or other standard. (d) The governing body shall adopt a resolution finding that issuance of the obligations in the form of commercial paper notes is necessary and desirable, directing the designated officer to arrange for preparation of the requisite number of suitable notes, and specifying other provisions relating to the commercial paper notes including the following: (1) For each program of commercial paper notes authorized, the final date of maturity and the total aggregate principal amount of the commercial paper notes authorized to be outstanding at any one time up to the maturity date. The resolution may provide that the commercial paper notes may be issued and renewed from time to time until the final maturity date and that the amount issued from time to time may be set by a designated officer of the governmental entity up to the maximum amount authorized

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to be outstanding at any one time. The resolution shall include methods of setting the dates, numbers, and denominations of the commercial paper notes; (2) The method of setting the interest rates and interest payment dates applicable to the commercial paper notes. Commercial paper notes may bear a stated rate of interest payable only at maturity, which rate or rates may be determined at the time of sale of each unit of commercial paper notes; (3) The maximum effective rate of interest the commercial paper notes shall bear; (4) The manner of sale: (5) The discount, if any, the state or state authority may allow; (6) Any provisions for the redemption of the commercial paper notes prior to the stated maturity; (7) The technical form and language of the commercial paper notes; and (8) All other terms and conditions of the commercial paper notes and of their execution, issuance, and sale deemed necessary and appropriate by the state or state authority. (e) The governing body, in the resolution authorizing the issuance of commercial paper notes under this article, may delegate to any elected or appointed official of the state or state authority the authority to determine maturity dates, principal amounts, redemption provisions, interest rates, and other terms and conditions of such commercial paper notes that are not appropriately determined at the time of enactment or adoption of the authorizing resolution, which delegated authority shall be exercised subject to such parameters, limitations, and criteria as may be set forth in such resolution. (f) Any commercial paper notes may be sold at negotiated sale at a price below the par value thereof. (g) For purposes of determining the principal amount of debt outstanding in connection with complying with any limitations on the amount of debt outstanding for a governmental entity, commercial paper notes shall be deemed outstanding at any time during the term of a program of commercial paper notes in an amount equal to the maximum amount authorized in the resolution. (h) The renewal and reissuance from time to time of the commercial paper notes pursuant to a commercial paper note program in an amount up to the maximum amount authorized by the resolution shall be deemed to be a refunding of the previously maturing amount."
SECTION 8. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. (b) Sections 2, 3, and 4 of this Act shall become effective on July 1, 2004.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

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Representative Jamieson of the 22nd moved that the House adopt the report of the Committee of Conference on SB 514.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes
Beasley-Teague N Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges N Brock
Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell N Casas N Chambers Y Channell
Childers N Coan Y Coleman, B
Cooper Y Crawford Y Cummings

N Day Dean
Y Deloach Y Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps
Fleming Y Floyd, H
Floyd, J Y Fludd
Forster N Franklin Y Gardner
Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson
Hanner E Harbin N Harper
Harrell Y Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson
Hill, C

E Hill, C.A Y Hill, V Y Hines
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 N Joyce
Keen N Knox Y Lane N Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin N Massey N Maxwell
McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B
Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish
Parsons Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B N Reece, S Y Rice N Richardson Y Roberts, J Y Roberts, L Rogers, C N Rogers, Ch. Y Royal Rynders Sailor Scott Y Shaw Sheldon

Y Sholar 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 Y Stephenson Y Stokes
Stoner Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Walker, R.L Y Warren Y Watson Y Westmoreland Y White Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

On the motion, the ayes were 121, nays 21. The motion prevailed.

Representative Richardson of the 26th moved that the rule requiring Conference Committee Reports to lay on the desks for one hour be waived for the remainder of the legislative day.

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On the motion, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs N Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome N Brown E Bruce E Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter N Burmeister Y Butler N Campbell N Casas N Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

N Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart Y Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin N Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson N Hill, C

E Hill, C.A Y Hill, V N 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 N Joyce N Keen N Knox
Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin N Martin Y Massey
Maxwell Y McBee Y McCall Y McClinton N Millar N Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter
Powell Y Purcell N Ralston Y Randall Y Ray Y Reece, B N Reece, S Y Rice N Richardson Y Roberts, J Y Roberts, L Y Rogers, C
Rogers, Ch. Y Royal N Rynders
Sailor Y Scott Y Shaw Y Sheldon

Y Sholar Sims
Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet N Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix Y Yates
Coleman, Speaker

On the motion, the ayes were 126, nays 41. The motion prevailed.

HB 1766. By Representatives James of the 114th, Ray of the 108th, Williams of the 128th, Mosley of the 129th, Post 1, Black of the 144th and others:
A BILL to create the Aquaculture Division within the Department of Agriculture and provide for its powers and duties; to create the Aquaculture Development Advisory Council and provide for its powers and duties; to

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amend reserved Chapter 15 of Title 2 of the Official Code of Georgia Annotated, so as to strike the reserved designation; to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated; to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated; to amend Title 2 of the Official Code of Georgia Annotated; to amend Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated; to amend Title 27 of the Official Code of Georgia Annotated; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1766

The Committee of Conference on HB 1766 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1766 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ John Bulloch Senator, 11th District

/s/ James Representative, 114th District

/s/ Renee S. Unterman Senator, 45th District

/s/ Ray Representative, 108th District

/s/ Hudgens Senator, 47th District

/s/ Black Representative, 144th District

A BILL
To amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Agricultural Commodities Commission for Beef and provide for its members, powers, duties, and procedures; to define certain terms; to provide for marketing orders and assessments related thereto; to provide penalties for violations; to provide for enforcement; to strike the reserved designation of Chapter 15; to provide for development of aquaculture of pacific white shrimp; to provide a short title; to define certain terms; to create the Pacific White Shrimp Aquaculture Development Advisory Council and provide for its membership, powers, and duties; to regulate aquaculture of

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pacific white shrimp; to provide for registration; to provide for rules and regulations; to provide for enforcement; to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to definitions relative to said title; to change certain provisions relating to permits for liberation of wildlife or liberation of domestic fish; to change certain provisions relating to sale of fish by commercial fish hatcheries, sale of game fish, bill of sale or lading for possession of certain game fish and domestic fish, and sale of diseased fish; to change certain provisions relating to licensing of wholesale and retail fish dealers and sale, transportation into state, or possession of live fish and fish eggs; to change certain provisions relating to definitions relative to aquaculture development; to provide effective dates; to provide for a contingent repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended in Chapter 8, relating to agricultural commodities promotion, by adding a new article to read as follows:
"ARTICLE 4 2-8-90. This article shall apply only to the Agricultural Commodity Commission for Beef.
2-8-91. As used in this article, the term:
(1) 'Advertising and sales promotion' means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the normal flow of beef to market and may include the presentation of facts to and negotiations with state, federal, or foreign governmental agencies on matters which affect the marketing of beef included in any marketing order made effective pursuant to this article. (2) 'Beef' means flesh of cattle and beef products. (3) 'Beef products' means edible products produced in whole or in part from beef, excluding milk and products made therefrom. (4) 'Cattle' means live domesticated bovine animals, regardless of age. (5) 'Commission' means the Agricultural Commodity Commission for Beef created under this article. (6) 'Market agent' means any person who sells, offers for sale, markets, distributes, trades, or processes cattle that have been purchased or acquired from a producer or that are marketed on behalf of a producer or any meat packing firm or its agent that purchases or consigns to purchase cattle.

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(7) 'Marketing order' means an order issued pursuant to this article prescribing rules and regulations governing producer marketing or the processing, distributing, or handling in any manner of cattle or beef within this state or establishing an assessment for financing the programs established under this article. (8) 'Person' means an individual, firm, corporation, association, or any other business unit or any combination thereof and includes any state agency which engages in any of the commercial activities regulated pursuant to this article. (9) 'Producer' means any person who owns or acquires ownership of cattle, except that a person shall not be considered to be a producer if the persons only share in the proceeds of a sale of cattle or beef is a sales commission, handling fee, or other service fee. (10) 'Producer marketing' or 'marketed by producers' means any or all operations performed by any producer in preparing for market and includes selling, delivering, or disposing of, for commercial purposes, cattle which he or she has produced to any market agent as defined in this Code section. (11) 'Retailer' means any person who purchases or acquires beef for resale at retail to the general public for consumption off the premises; however, such person shall also be included within the definition of 'market agent,' as set forth in this Code section, to the extent that he or she engages in the business of a market agent as defined in this Code section.
2-8-92. (a) The Agricultural Commodity Commission for Beef shall be composed of 11 members as follows:
(1) Six members who shall be producers actively engaged in the beef cattle business; (2) Three members who shall own or have significant interest in a business actively engaged in the marketing of cattle; and (3) Two members who shall be producers actively engaged in the dairy cattle business. The initial members of the commission shall be appointed by a committee consisting of the Commissioner, the chairperson of the House of Representatives Committee on Agriculture and Consumer Affairs, and the chairperson of the Senate Agriculture and Consumer Affairs Committee. Prior to making such appointments, the committee shall seek significant input from members of the cattle industry. (b)(1) Initial appointments of those members described in paragraph (1) of subsection (a) of this Code section shall be made for two members for a term of two years each from the effective date of this article and until their successors are elected and qualified, two members for a term of three years each from the effective date of this article and until their successors are elected and qualified, and two members for a term of four years each from the effective date of this article and until their successors are elected and qualified. Thereafter, successors shall be elected for a term of three years each and until their successors are elected and qualified.

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(2) Initial appointments of those members described in paragraph (2) of subsection (a) of this Code section shall be made for one member for a term of two years from the effective date of this article and until a successor is elected and qualified, one member for a term of three years from the effective date of this article and until a successor is elected and qualified, and one member for a term of four years from the effective date of this article and until a successor is elected and qualified. Thereafter, successors shall be elected for a term of three years each and until their successors are elected and qualified. (3) Initial appointments of those members described in paragraph (3) of subsection (a) of this Code section shall be made for one member for a term of three years from the effective date of this article and until a successor is elected and qualified and one member for a term of four years from the effective date of this article and until a successor is elected and qualified. Thereafter, successors shall be elected for a term of three years each and until their successors are elected and qualified. (4) Any successor shall be elected by a plurality of valid votes cast by producers in an election for such office which shall be conducted by the commission. Any producer of record with the commission shall be eligible to vote in any such election, but candidates must meet the qualification specified in paragraph (1), (2), or (3) of subsection (a) of this Code section, as applicable, for the office for which the election is conducted. The commission shall by rules and regulations provide procedures for registering qualified candidates and conducting elections. Notice of elections and qualifying periods shall be provided in the same manner as specified for hearings under paragraph (2) of subsection (b) of Code Section 2-8-100. (c) Vacancies in the offices of members shall be filled by appointment, in like manner as the appointment of initial members, for the unexpired term. Any member shall be eligible to succeed himself or herself. (d) The members of the commission shall receive compensation and reimbursement of expenses as shall be provided by the commission, and such funds shall be payable from the funds of the commission. (e) It shall be the duty of the Commissioner to certify to the Secretary of State the membership of the commission and each change in membership as the same occurs.
2-8-93. (a) The commission is authorized to appoint advisory boards, special committees, and individuals, including technical and clerical personnel, to advise, aid, and assist the commission in the performance of its duties. Compensation for such services shall be fixed by the commission and may be paid from the funds of the commission. The Attorney General shall represent the commission in legal matters and shall be the attorney for the commission. If the Attorney General determines that outside legal counsel is necessary or desirable in connection with any legal matter of the commission, he or she shall so inform the commission and, upon approval of the commission, he or she shall employ such outside counsel. Compensation for such outside counsel shall be agreed upon between such counsel and the Attorney General,

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subject to the approval of the commission. Such compensation shall be paid from the funds of the commission. Neither Code Section 16-10-9 nor any other law shall prohibit or be applicable to the employment of such counsel. (b) The commission is authorized to accept donations, gifts, and other property and to use the same for commission purposes. The commission may exercise the powers and authority conferred by law upon corporations. (c) The commission shall continue as a public corporation and instrumentality of the State of Georgia until abolished by law or until terminated by referendum. (d) The commission is authorized to acquire, lease as lessee, purchase, hold, own, and use any franchise or real or personal property, whether tangible or intangible, or any interest therein and, whenever the same is no longer required for purposes of the commission, to sell, lease as lessor, transfer, or dispose thereof or to exchange the same for other property or rights which are useful for its purposes.
2-8-94. The commission shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, the commission may contract and be contracted with, implead and be impleaded, and complain and defend in all courts. The commission shall name its chairperson and determine a quorum for the transaction of business. The commission shall assume the duties and exercise the authority provided in this article without further formality than that provided in this article. Each member of the commission shall be a public officer and shall take an oath of office faithfully to perform his or her duties. Such oath shall be administered by the Governor or some other person qualified to administer oaths. The fact of a members election shall be certified to the Secretary of State, who shall issue the appropriate commission under the seal of his or her office.
2-8-95. The commission is authorized and it shall be its duty to receive, collect, and disburse the funds of the commission.
2-8-96. Funds received by the commission under this article shall be held in trust for the commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as the funds of this state but shall not be required to be deposited in the state treasury and appropriated therefrom as are other state funds. It is the express intent and purpose of this article to authorize the receipt, collection, and disbursement by the commission of such funds as trust funds of the commission without complying with the requirement applicable to funds collected for the use and benefit of the state.
2-8-97. Any persons who handle funds under this article shall be bonded with good and sufficient surety in an amount determined by the commission for the accounting of any

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and all funds coming into their hands. All checks, drafts, and negotiable instruments which are drawn on or payable from the funds of the Agricultural Commodity Commission for Beef shall be signed by either the chairperson or treasurer of the commission. It shall be the duty of the commission to elect annually a treasurer from among the membership of the commission. The treasurer shall have such powers and perform such duties as shall be provided by the commission.
2-8-98. The members and employees of the commission shall not be held responsible individually in any way whatsoever to any producer, market agent, or any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of the commission. The liability of the members of the commission shall be several and not joint and no member shall be liable for the default of any other member.
2-8-99. The commission is authorized to confer with and to make any information obtained pursuant to this article available to the duly constituted governmental authorities of this state, of other states, of political subdivisions of this state or other states, and of the United States who, by reason of their duties, have legitimate concern with the subject and to cooperate with all such authorities for the purpose of obtaining administrative uniformity and achieving the objectives of this article.
2-8-100. (a) The commission is authorized to issue, administer, and enforce the provisions of marketing orders.
(b)(1) Whenever the commission has reason to believe that the issuance of a marketing order or amendments to an existing marketing order will tend to effectuate the declared policy of this chapter with respect to beef, it shall, either upon its own motion or upon the application of any producer or any organization of such persons, give due notice of and an opportunity for a public hearing upon a proposed marketing order or amendments to an existing marketing order. (2) Notice of any hearing called for such purpose shall be given by the commission by publishing a notice of such hearing for a period of not less than five days in a newspaper of general circulation published in the capital of the state and in such other newspapers as the commission may prescribe. No such public hearing shall be held prior to five days after the last day of such period of publication. The commission shall also mail a copy of such notice of hearing and a copy of such proposed marketing order or proposed amendments to all producers whose names and addresses appear upon lists of such persons on file with the commission and who may be directly affected by the provisions of such proposed marketing order or such proposed

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amendments. Such notice of hearing shall in all respects comply with the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (3) The hearing shall be public and all testimony shall be received under oath. A full and complete record of the proceedings at such hearing shall be made and maintained on file in the office of the commission. The hearing shall, in all respects, be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing may be conducted by the commission or by a member of the commission, as may be designated by the commission in each instance, but no decision shall be made based on hearings conducted other than by the commission itself, at which a majority of the members thereof are present, until the members of the commission have been afforded an opportunity to review the hearing record. Where the commission conducts hearings, its recommendation shall be based on the findings reached after a review of the record of the hearing. (c)(1) In order to provide the commission with accurate and reliable information with respect to the persons who may be directly affected by any proposed marketing order for beef when such information is not then on file with the commission, the commission is authorized and directed, whenever the commission has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this chapter or upon receipt of a written application for a hearing pursuant to subsection (b) of this Code section, to notify all market agents, by publication of a notice as required in paragraph (2) of this subsection, to file with the commission within ten days from the last date of such publication a report, properly certified, showing:
(A) The correct name and address of such market agent; (B) The quantities of cattle affected by the proposed marketing order handled by such market agent in the calendar year next preceding the filing of such report; (C) The correct names and addresses of all producers who may be directly affected by such proposed marketing order, from whom such market agent received cattle in the calendar year next preceding the filing of such report; and (D) The quantities of cattle received by such market agent from each such producer in the calendar year next preceding the filing of such report. (2) The notice to market agents requiring them to file a report shall be published by the commission for a period of not less than five days in a newspaper of general circulation published in the capital of the state and in such other newspaper or newspapers as the commission may prescribe. The commission shall also mail a copy of such notice to all market agents whose names and addresses appear upon the lists on file with the commission who may be directly affected by such proposed marketing order. (3) Each market agent directly affected by a proposed marketing order shall file his or her verified report with the commission within the time specified in paragraph (1) of this subsection. Failure or refusal of any market agent to file such report shall not invalidate any proceeding taken or marketing order issued. The commission is

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authorized and directed to proceed upon the basis of such information and reports as may otherwise be available. (4) From the reports so filed and the information so received or available to the commission, including any proper corrections, the commission shall prepare a list of the names and addresses of such producers and the quantities of cattle produced or marketed by all such producers and a list of the names and addresses of such market agents and the quantities of cattle handled by all such market agents, directly affected by such proposed marketing order or amendments thereto, in the preceding calendar year. Such lists shall constitute complete and conclusive lists for use in any finding made by the commission pursuant to subsection (a) of Code Section 2-8-102 and such findings shall be conclusive. (5) The information contained in the individual reports of market agents filed with the commission pursuant to this Code section shall not be made public in such form. The information contained in such reports may be prepared in combined form for use by the commission, its agents, or other interested persons in the formulation, administration, and enforcement of a marketing order or may be made available pursuant to court order. Such information shall not be made available to anyone for private purposes.
2-8-101. If, upon the basis of the record of testimony and documentary evidence received at the hearing provided for in Code Section 2-8-100 and the facts officially noticed therein from official publications or institutions of recognized standing, the commission determines that the issuance of a marketing order or an amendment will tend to effectuate the intent and purpose of this article, it may recommend the promulgation of a marketing order or amendment with respect to the matters specified in the hearing notice and supported by the record, containing any or all of the following provisions, but no others:
(1) Provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new or larger markets for cattle raised or marketed in this state or for the prevention, modification, or removal of trade barriers which obstruct the normal flow of beef to market. The commission is authorized to prepare, issue, administer, and enforce plans for promoting the sale of beef, provided that any such plan shall be directed toward promoting and increasing the sale, use, and utilization of beef without reference to a particular brand or trade name; and provided, further, that no advertising or sales promotion program shall be issued by the commission which makes use of false or unwarranted claims in behalf of any such product or disparages the quality, value, sale, or use of any other agricultural commodity; (2) Provisions prohibiting unfair trade practices by which any producer or market agent tends toward establishment of monopoly, unfairly discriminates among customers as to price or quality, or engages in fraudulent, deceptive, or misleading representations, concealment, or other similar sharp business practices which are

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harmful to his, her, or its customers, injurious to competitors, likely to bring into disrepute persons generally engaged in production and handling of beef, or detrimental to the intent and purpose of this article; (3) Provisions for carrying on research studies in promoting the production, marketing, sale, use and utilization, processing, and improvement of cattle or beef or any combination thereof and for the expenditure of moneys for such purposes. In any research carried on under this paragraph, the commission shall seek the cooperation of the dean of the College of Agricultural and Environmental Sciences of the University of Georgia in selecting the research project or projects to be carried on from time to time. Insofar as practicable, the commission shall seek to have such projects carried out by the College of Agricultural and Environmental Sciences but, if the dean of the college determines that the college has no facilities for a particular project or if the commission determines that some other research agency has better facilities therefor, the project may be carried out by other research agencies selected by the commission; and (4) Provisions establishing or providing authority for establishing, either as cattle are produced or delivered by producers to market agents or as cattle or beef is handled or otherwise prepared for market or as cattle or beef is marketed by producers or market agents, an educational program designed to acquaint producers, market agents, or other interested persons with quality improvement, including sanitation practices, procedures, or methods as applied to cattle or beef.
2-8-102. (a)(1) Except as otherwise provided by subsection (i) of this Code section, no marketing order or major amendment thereto, directly affecting producers or producer marketing, issued pursuant to this article shall be made effective by the commission unless the commission finds that such marketing order or amendment thereto has been approved or favored in a referendum among producers directly affected by a majority of the valid votes cast in such referendum and the total number of valid votes cast represents not less than 25 percent of the total number of producers of record with the commission.
(2) If the commission determines that a referendum shall be had, the commission shall establish a referendum period of 30 days. At the close of such referendum period, the commission shall count and tabulate the ballots filed during such period. If from such tabulation the commission finds that the number of producers voting in favor of such marketing order or amendment thereto is a majority of those casting valid votes and the total number of valid votes cast represents not less than 25 percent of the total number of producers of record with the commission, the commission may make such marketing order or amendment thereto effective. The commission is authorized to prescribe such additional procedures as may be necessary to conduct such referendum.

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(3) In the event of the failure of any proposed marketing order to be approved, no additional referendum thereon shall be held during a period of 12 months from the date of the close of the previous referendum period. (b)(1) Upon the recommendation of a majority of the members of the commission, the commission may make effective minor amendments to a marketing order. The commission may require a public hearing upon minor amendments if in its opinion the substance of such minor amendments so warrants. The commission, however, shall not be required to submit minor amendments for referendum approval. (2) In making effective major amendments to a marketing order, the commission shall follow the same procedures prescribed in this article for the institution of a marketing order. For the purpose of this article, a major amendment to a marketing order shall include, but shall not be limited to, any amendment which adds to or deletes from any such marketing order any of the following types of regulations or authorizations:
(A) Authority for the establishment of plans for advertising and sales promotion of cattle or beef; (B) Authority to prohibit unfair trade practices; (C) Authority for carrying out research studies in the production, processing, or distribution of cattle or beef; (D) Authority to increase an assessment rate beyond the maximum rate authorized by the marketing order in effect; or (E) Authority to extend the application of the provisions of any marketing order to portions or uses of cattle or beef not previously subject to such provisions or to restrict or extend the application of such provisions upon the producers or market agents of such portions or uses of such cattle or beef. (3) Modification of any provisions of any marketing order in effect, for the purpose of clarifying the meaning or application of such provisions or of modifying administrative procedures for carrying out such provisions, are declared not to be a major amendment of such marketing order. (c) Upon the issuance of any order making effective a marketing order or any suspension, amendment, or termination thereof, a notice thereof shall be posted on a public bulletin board maintained at the offices of the commission; and a copy of such notice shall be published as the commission may prescribe. No marketing order nor any suspension, amendment, or termination thereof shall become effective until the termination of a period of five days from the date of such posting and publication. It shall also be the duty of the commission to mail a copy of the notice of such issuance to all persons directly affected by the terms of such marketing order, suspension, amendment, or termination whose names and addresses are on file in the office of the commission and to every person who files in the office of the commission a written request for such notice. (d) The commission shall have the power, consistent with this article and in accordance with marketing orders and agreements made effective under this article, to establish such general rules and regulations for uniform application to all marketing orders issued

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under this article as may be necessary to facilitate the administration and enforcement of such marketing orders. The provisions of subsection (c) of this Code section relative to posting, publication, and time of taking effect shall be applicable to any such general rule or regulation established pursuant to this subsection and applicable to marketing orders generally. Such notice shall be furnished by the commission for each marketing order in active operation. (e) The commission shall have the power, consistent with this article, to establish administrative rules and regulations for each marketing order issued and made effective as may be necessary to facilitate the supervision, administration, and enforcement of each such order. The provisions of subsection (c) of this Code section relative to posting, publication, mailing of notice, and time of taking effect shall be applicable to any such administrative rules and regulations. (f) Unless extended as provided in this Code section, all marketing orders issued under the authority of this article shall expire, terminate, and become of no force and effect at the expiration of five years from the date of the issuance of the original marketing order or, if such marketing order has been extended, at the expiration of five years after the date of any such extension. (g) A marketing order shall be extended for a period of five years after the date of its original expiration only if extension of such marketing order has been approved or favored in a referendum among producers directly affected by at least 60 percent of the valid votes cast in such referendum and the total number of valid votes cast represents not less than 25 percent of the total number of producers of record with the commission. (h) If the commission determines that a referendum shall be held, the commission shall establish a referendum period of 30 days, such referendum period to terminate at least 30 days prior to the expiration date of the marketing order which is the subject of such referendum. At the close of such referendum period, the commission shall count and tabulate the ballots cast during such period. If from such tabulation the commission finds that the number of producers voting in favor of the extension of such marketing order is not less than 60 percent of the total number of valid ballots cast and the total number of valid ballots cast represents not less than 25 percent of the total number of producers of record with the commission, then such marketing order shall be extended for a period of five years after the expiration date; otherwise, the marketing order shall expire, terminate, and be of no force and effect as provided in subsection (f) of this Code section. (i) In lieu of the procedures provided by this Code section, the commission may elect to follow the procedures and requirements provided by Code Section 2-8-23 for purposes of making marketing orders or amendments or extensions thereof effective pursuant to referendum or assent.
2-8-103. Marketing orders issued by the commission under this article may be limited in their application by prescribing the marketing areas or portions of the state in which a

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particular order shall be effective, provided that no marketing order shall be issued by the commission unless it embraces all persons of a like class who are engaged in a specific and distinctive agricultural industry or trade within this state.
2-8-104. (a)(1) For the purpose of providing funds to defray the necessary expenses incurred by the commission in the formulation, issuance, administration, and enforcement of each marketing order issued under this article, each such marketing order shall provide for the levying and collection of assessments in sufficient amounts to defray such expenses. Each marketing order shall indicate the maximum rate of any such assessment which may be collected and the proportion, if any, payable by each producer and market agent directly regulated or affected by such marketing order. In administering such marketing order, the commission shall adopt, from time to time, budgets to cover necessary expenses and the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray the necessary expenses, it may approve such budget and rate of assessment and order that each producer and market agent so assessed shall pay to the commission, at such times and in such installments as the commission may prescribe, an assessment, based upon the units in which beef is marketed or upon any other uniform basis which the commission determines to be reasonable and equitable, but in amounts which (A) in the case of producers will not exceed 2 1/2 percent of the gross dollar volume of sales of the cattle affected by all such producers regulated by such marketing order, or (B) in the case of market agents will not exceed 2 1/2 percent of the gross dollar volume of purchases of cattle affected by the marketing order from producers or of the gross dollar volume of sales of cattle affected by the marketing order and handled by all such market agents regulated by such marketing order during the period during which such marketing order is effective. (2) No assessments levied and collected under this subsection shall be used in carrying out any advertising or sales promotion plans. (b)(1) Each marketing order which authorizes the carrying out of advertising and sales promotion plans shall provide for the levying and collection of assessments in sufficient amounts to defray the expenses of such activities. Each such marketing order shall indicate the maximum rate of any such assessment and the proportion, if any, payable by each producer and market agent directly regulated or affected by such marketing order. The commission shall adopt budgets to cover such expenses and establish the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray such expenses, it may approve such budget and approve and levy such assessment. Any assessments so established shall be based upon the units in which cattle are marketed or upon any other uniform basis which the commission determines to be proper and equitable. Any assessment rates established under this subsection shall be in amounts not to exceed 4 percent of the gross dollar

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volume of sales by all producers or by all market agents regulated by such marketing order during the period during which such marketing order is effective. (2) Assessments levied and collected under this subsection shall be the only assessments used in carrying out advertising or sales promotion plans for purposes of this article. (3) Any producer may at any time elect not to be subject to any assessment levied for purposes of this subsection, and any producer who has so elected in accordance with this paragraph shall be exempt from levy, not be assessed, and have no liability for assessment for purposes of this subsection. Any producer who has so elected may thereafter cancel such election at any time, in which event the producers exemption shall cease. Any such election or cancellation by a producer shall be submitted in writing to the commission, in such form and manner as specified by the Commissioner. (c) At no time shall the combined amount of assessments in effect pursuant to subsections (a) and (b) of this Code section exceed $1.00 per head of cattle. (d) In the event that the commission has reason to believe that the administration of a marketing order will be facilitated or the attainment of the purposes and objectives of the marketing order will be promoted thereby, the commission is authorized to borrow money, with or without interest, to carry out any provision of any marketing order authorized by this article and may hypothecate anticipated assessment collections applicable to such respective provisions. (e) In lieu of requiring advance deposits for defraying administrative or advertising and sales promotion expenses until such time as sufficient moneys are collected for such purposes from the payment of assessments established pursuant to this Code section, the commission is authorized to receive and disburse for such purposes contributions made by producers or market agents. The commission shall not be held responsible for the repayment of such contributions, provided that whenever collections from the payment of established assessments credited to the respective marketing order accounts are sufficient so to warrant, the commission shall repay contributions or shall authorize the application of such contributions to the assessment obligations of the persons who made such contributions. (f)(1) Each and every market agent for which an assessment has been established by or pursuant to this article shall, at the time of purchasing or acquiring any such cattle from the producer thereof, collect from such producer the assessment established by or in accordance with this article and remit the same to the commission. The liability of such market agent under this article shall not be discharged except upon receipt of such sums by the commission. For the purpose of this subsection, to ensure compliance with this Code section, and for the administrative convenience of the commission in enforcing payment and collection of such assessments, delivery by a producer to a market agent for processing of any cattle upon which an assessment has been established shall be deemed a sale of such cattle within the meaning of this Code section; and the assessment shall thereupon attach and become due, regardless of whether such market agent actually purchases such cattle for himself or herself or

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only processes same for a consideration payable by the producer or another person and such cattle are thereafter sold to another person, provided that upon collection of such assessment by the market agent to whom such cattle are so delivered for processing only, no further or additional assessment shall attach or become due by reason of the subsequent sale by such producer of such processed cattle to another person or market agent. (2) This subsection shall not apply to an assessment against a producer from which such producer is exempt under subsection (b) of this Code section. (g) The commission may prescribe such rules as may be necessary and reasonable for the orderly reporting and transmitting of assessments by market agents and may take all legal action necessary to enforce payment of the same by market agents. The commission is authorized to issue executions for the same in like manner as executions are issued for ad valorem property taxes due the state. It shall be the duty of each and every sheriff of this state and their lawful deputies, upon the request of the commission, to levy and collect such executions and to make their return thereof to the commission in like manner as such tax executions are levied and return thereof made to county tax collectors and tax commissioners. The commission shall likewise be authorized to collect, by execution as provided in this subsection or otherwise, directly from the producer against whom any assessment levied under this Code section may be found due whenever it is determined that such producer has sold such affected cattle giving rise to such liability to a person other than to a market agent who has collected such assessment and is required by this Code section to remit the same to the commission. Furthermore, the commission may proceed against such producer and the purchaser of such cattle simultaneously if the purchaser is a market agent required to collect such assessment, until satisfaction is obtained. (h) Any moneys collected by the commission pursuant to this article shall be deposited in a bank or other depository approved by the commission and shall be disbursed by the commission only for the necessary expenses incurred by the commission, as approved by the commission. Funds so collected shall be deposited and disbursed in conformity with appropriate rules and regulations prescribed by the commission. All such expenditures by the commission shall be audited at least annually by the state auditor and a copy of such audit shall be delivered within 30 days after the completion thereof to the Governor and the commission. If the commission is abolished, any funds remaining in its hands at such time shall be used to pay the existing obligations of the commission and the expenses incurred in winding up the affairs of the commission. Any excess remaining shall escheat to the state and shall be paid into the state treasury as unclaimed trust funds. (i) Moneys deposited by the commission pursuant to this Code section which the commission determines are available for investment may be invested or reinvested by the commission as provided for funds of this state or of any retirement system created by law, provided that all moneys invested shall be invested in those areas of production that will provide a return at the highest bank interest rate available. It shall be the duty

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of the commission annually to review these investments and determine whether they are in compliance with this Code section.
2-8-105. (a) Any assessment levied or established in accordance with this article in such specified amount as may be determined by the commission pursuant to this article shall constitute a personal debt of every person so assessed and shall be due and payable to the commission when payment is called for by the commission. In the event of the failure of such person to pay any such assessment upon the date determined by the commission, the commission may file an action against such person in a court of competent jurisdiction for the collection thereof. (b) In the event that any producer or market agent duly assessed pursuant to this article fails to pay to the commission the amount so assessed on or before the date specified by the commission, the commission is authorized to add to such unpaid assessment an amount not exceeding 10 percent of such unpaid assessment to defray the cost of enforcing the collection of such unpaid assessment. (c) The provisions of subsection (a) of this Code section with respect to collection of assessments by action are in addition to and cumulative of the provisions of this article authorizing the issuance of executions for assessments by the commission. The 10 percent penalty authorized to be assessed upon delinquent assessments under subsection (b) of this Code section may likewise be included in any execution issued by the commission. Such remedies may be pursued concurrently until satisfaction is obtained upon either. Any penalty recovered shall become a part of the principal assessment levied and shall be for the use of the commission as are other moneys received under this article. (d) This Code section shall not apply to an assessment against a producer from which such producer is exempt under subsection (b) of Code Section 2-8-104.
2-8-106. (a) The commission may require any and all market agents subject to the provisions of any marketing order issued pursuant to this article:
(1) To maintain books and records reflecting their operations under the marketing order; (2) To furnish to the commission or its duly authorized or designated representatives such information as may from time to time be requested by them relating to operations under the marketing order; and (3) To permit inspection by the commission or its duly authorized or designated representatives of such portions of such books and records as relate to operations under the marketing order. (b) Information obtained by any person under this Code section shall be confidential and shall not be disclosed by him or her to any other person, except to a person with like right to obtain the information or to any attorney employed to give legal advice thereupon or by court order.

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(c) In order to carry out the purposes of this Code section, the commission may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, or documents of any kind.
2-8-107. Any person who violates any provision of this article or any marketing order duly issued by the commission and in effect under this article or who violates any rule or regulation issued by the commission pursuant to this article or of any marketing order duly issued and effective under this article shall be civilly liable to the commission for a penalty in an amount not to exceed $500.00 for each and every violation thereof, the amount of such penalty to be fixed by the commission after notice and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for contested cases and recoverable by a civil action brought in the name of the commission or by execution issued in like manner as for assessments provided by Code Section 2-8-104. Any moneys recovered pursuant to this Code section shall be deposited and disbursed in accordance with subsection (e) of Code Section 2-8-104 as are other moneys.
2-8-108. (a) The Attorney General of this state shall, upon complaint by the commission, or may, upon his or her own initiative if after examination of the complaint and evidence he or she believes a violation has occurred, bring an action in the superior court in the name of the commission for civil penalties or for injunctive relief, including specific performance of any obligation imposed by a marketing order or any rule or regulation issued under this article, or both, against any person violating any provisions of this article or of any marketing order or any rule or regulation duly issued by the commission under this article. (b) If it appears to the court, upon any application for a temporary restraining order, upon the hearing of any order to show cause why a preliminary injunction should not be issued, or upon the hearing of any motion for a preliminary injunction, or if the court finds in any such action that any defendant therein is violating or has violated any provision of this article or of any marketing order or any rule or regulation duly issued by the commission under this article, then the court shall enjoin the defendant from committing further violations and may compel specific performance of any obligation imposed by a marketing order or any rule or regulation issued by the commission under this article. It shall not be necessary in such event to allege or prove lack of an adequate remedy at law. (c) In any action brought by the Attorney General to enforce any of the provisions of this article or of any marketing order issued by the commission and effective under this article or of any rule or regulation issued by the commission pursuant to any marketing order, the judgment, if in favor of the commission, may provide that the defendant pay to the commission the costs incurred by the commission in the prosecution of such action.

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2-8-109. (a) The commission on its own motion may, and upon the complaint of any interested party charging a violation of any provision of this article or of any provision of any marketing order or any rule or regulation issued by the commission and effective under this article shall, either refer the matter directly to the Attorney General of this state or to any prosecuting attorney of this state for the institution of legal proceedings thereupon or, if the commission deems it necessary or advisable, immediately call an administrative hearing, pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' governing contested cases, to consider the charges set forth in such verified complaint. (b) In case the matter is referred directly by the commission to the Attorney General or any prosecuting attorney, it shall be the duty of such officer, if after examination of the complaint and the evidence he or she believes that a violation has occurred, to bring an appropriate action or actions in a court or courts of competent jurisdiction in this state. (c) After an administrative hearing, if the commission finds that a violation has occurred, it shall enter its findings and notify the parties to such complaint. In its discretion, the commission shall either refer the matter to the Attorney General for the institution of legal proceedings or notify such parties to cease and desist from further violation. Upon the refusal or failure of such parties to comply or if the commission finds that the facts or circumstances warrant immediate prosecution, the commission shall file a complaint with the Attorney General or with any prosecuting attorney of this state requesting that such officer commence any or all actions authorized in this article against such respondent or respondents in a court of competent jurisdiction.
2-8-110. (a) Any person who willfully renders or furnishes a false or fraudulent report, statement, or record required pursuant to this article or any marketing order effective under this article shall be guilty of a misdemeanor. (b) Any market agent or other person engaged in the handling or processing of cattle or beef or in the wholesale or retail trade thereof who fails or refuses to furnish, upon request, information concerning the name and address of the person from whom he or she has received cattle or beef regulated by a marketing order issued and in effect under this article and the quantity of such cattle or beef received shall be guilty of a misdemeanor.
2-8-111. Any person who violates any provision of this article or any provision of any marketing order duly issued by the commission under this article shall be guilty of a misdemeanor.
2-8-112. The penalties and remedies prescribed in this article with respect to any violation mentioned shall be concurrent and alternative. Neither singly nor combined shall such penalties and remedies be exclusive; rather, either singly or combined, such penalties

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and remedies shall be cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided or allowed by law with respect to any such violation.
2-8-113. This article shall not be applicable to any retailer of beef except to the extent that any retailer is included within the definition of 'market agent' pursuant to paragraph (11) of Code Section 2-8-91.
2-8-114. The promulgation, adoption, and amendment of rules and regulations by the commission shall be subject to the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
PART II SECTION 2-1. Said title is further amended in reserved Chapter 15 by striking the sentence "Reserved." immediately following the chapter designation and inserting in lieu thereof the following: "2-15-1. This chapter may be cited as the 'Georgia Pacific White Shrimp Aquaculture Development Act of 2004.'
2-15-2. As used in this chapter, the term:
(1) 'Aquaculturalist' means a person or firm engaged in aquaculture. (2) 'Aquaculture' means the extensive or intensive farming of aquatic animals and aquatic plants. (3) 'Pacific white shrimp' means the species Penaeus vannamei.
2-15-3. (a) There is created the Pacific White Shrimp Aquaculture Development Advisory Council. The council shall be composed of 15 members as follows:
(1) One member representing agriculture at large to be appointed by mutual agreement of the chairpersons of the House and Senate Committees on Agriculture and Consumer Affairs. (2) The dean of the College of Agriculture, Home Economics, and Allied Programs of Fort Valley State University or his or her representative; (3) The chairperson of the Committee on Agriculture and Consumer Affairs of the House of Representatives or his or her representative; (4) The chairperson of the Committee on Agriculture and Consumer Affairs of the Senate or his or her representative; (5) The Commissioner or his or her representative; (6) The commissioner of natural resources or his or her representative;

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(7) The commissioner of industry, trade, and tourism or his or her representative; and (8) Eight members to be appointed as provided by this paragraph. The President of the Senate and the Speaker of the House of Representatives each shall appoint four members as follows:
(A) Two members shall be representatives of the pacific white shrimp aquaculture industry; (B) One member shall be a representative of the aquaculture supply and equipment industry; and (C) One member shall be a representative of a private industry which is doing research in the promotion of pacific white shrimp aquaculture. Each of the nine appointed members shall be appointed for a term of two years and until a successor is appointed and assumes membership on the council. The terms of the first such appointed members shall begin on the effective date of this chapter. (b) The purpose of the council shall be to inform and advise the department and the Department of Natural Resources regarding important developments in aquaculture of pacific white shrimp. (c) The members of the council shall enter upon their duties without further act or formality. The council may make such bylaws for its government as it deems necessary but is under no duty to do so. The council may appoint working subcommittees based on identified needs. These subcommittees may consist of noncouncil members who exhibit an interest in the development of the pacific white shrimp aquaculture industry of Georgia. (d) Eight members of the council shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted the council by this chapter. No vacancy on the council shall impair the right of a quorum to transact any and all business of the council. (e) The members shall not receive compensation for their services on the council but those members who are public officials or employees shall be reimbursed from the funds of their employing department, agency, or branch of government for per diem, travel, and other expenses in the same manner and amount as they otherwise receive for performing services for their respective departments, agencies, or branches of government. (f) The council shall meet upon the call of its chairperson, who shall be elected by the members of the council. The chairpersons of the Committees on Agriculture and Consumer Affairs of the House of Representatives and the Senate shall serve as cochairpersons of the council until such time as a chairperson of the council is elected by the members. (g) The council is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this chapter which are necessary or convenient to enable it to exercise its powers, perform its duties, and accomplish the objectives and purposes of this chapter.

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(h) Staff support for the council shall be provided by the department and the Department of Natural Resources.
2-15-4. (a) There shall be a pacific white shrimp aquaculture program within the department. (b) The department shall make a thorough study of pacific white shrimp aquaculture and the potential for development and enhancement of such aquaculture in the state. It shall be the duty of the department to develop, distribute, and, from time to time, amend a pacific white shrimp aquaculture development plan for the State of Georgia for the purpose of facilitating the establishment and growth of economically viable pacific white shrimp aquaculture enterprises in Georgia. Such plan shall include:
(1) An evaluation of Georgias natural resources as they relate to pacific white shrimp aquaculture; (2) An evaluation of pacific white shrimp and its potential for culture in Georgia; (3) An identification of constraints to development of pacific white shrimp aquaculture in Georgia and recommendations on methods to alleviate such constraints; (4) An identification of the role of the department in supporting the pacific white shrimp aquaculture industry, including an evaluation of existing physical and personnel resources and recommendations for allocation of additional resources where needed; (5) A list of the resources, training programs, technical assistance, and other programs available to prospective pacific white shrimp aquaculturalists; (6) Recommendations for implementation of the plan; and (7) An identification of the role of other state and federal agencies in the development of the pacific white aquaculture industry. (c)(1) To aid in performing its duties under this Code section, the department shall rely upon, to the extent feasible, the Georgia Center for Aquaculture Development at Fort Valley State University as a state-wide center for providing information, conducting research and development, and technology transfer training on fresh-water and marine aquaculture in diverse production systems. (2) Middle Georgia Technical College shall collaborate, to the extent feasible, with the Georgia Center for Aquaculture Development at Fort Valley State University on aquaculture training.
2-15-5. (a) Any person or firm engaged in pacific white shrimp aquaculture shall apply to the department for a pacific white shrimp aquaculture registration. The lawfully obtained pacific white shrimp of an aquaculturalist registered under this chapter shall be privately owned subject to regulation by the department; provided, however, any person selling pacific white shrimp without first obtaining a pacific white shrimp aquaculture registration shall be considered to be selling 'wildlife' or 'wild animals' and shall be subject to the provisions of Title 27 governing such sale.

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(b) On and after January 1 of the calendar year following the year in which this chapter becomes effective, it shall be a misdemeanor for any person or firm to engage in pacific white shrimp aquaculture unless such person or firm is registered as provided by this chapter; except that this subsection shall not apply to the employees of a registered pacific white shrimp aquaculturalist.
2-15-6. The department shall register persons engaged in pacific white shrimp aquaculture under the applicable provisions of this chapter. Such registration or any renewal thereof shall expire on December 31 of each even-numbered year following registration; provided, however, that any registration shall expire 30 days following any change in the status of any information required by the provisions of this chapter or by any rule or regulation adopted pursuant to this chapter to be reported to the department. The department shall issue to registrants who update or renew their registration new certificates of registration for the full period of registration provided for in this Code section.
2-15-7. (a) All applications to the department for registration as a pacific white shrimp aquaculturalist shall:
(1) Designate an address in this state where the applicant can be personally served with legal process; (2) Contain an appointment of an agent in this state for acceptance of service of legal process, together with the agents address in this state; or (3) Contain a designation of the Secretary of State for acceptance of service of legal process. (b) A copy of such application shall be forwarded to the Secretary of State by the department. (c) The Commissioner shall by rule or regulation establish a registration fee in such amount as it reasonable and necessary to cover administrative costs.
2-15-8. The filing of an application with the department for registration as a pacific white shrimp aquaculturalist shall constitute an admission by the applicant that the applicant is doing business in this state.
2-15-9. (a) The Commissioner may deny registration to:
(1) Any applicant with a criminal record; (2) Any applicant who is found by the Commissioner to have violated any law or rule administered by the department or the Department of Natural Resources or any regulation or quarantine of the department or the Department of Natural Resources; or

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(3) A corporation, when any of its officers has a criminal record or is found by the Commissioner to have violated any law administered by the department or the Department of Natural Resources or any regulation or quarantine of the department or the Department of Natural Resources. (b) In the case of a partnership, all parties shall be considered applicants for the purpose of this Code section. (c) No registration shall be denied under this chapter without opportunity for hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
2-15-10. The Commissioner may revoke any outstanding registration where the holder of the same or any officer or agent of the holder is found by the Commissioner to have violated any law or rule administered by the department or the Department of Natural Resources or any regulation or quarantine of the department or the Department of Natural Resources, provided that no registration shall be revoked under this Code section without opportunity for hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
2-15-11. All registration certificates issued by the department shall be evidence of a registration. The department shall maintain a current list of all persons registered under this chapter.
2-15-12. (a) The Commissioner shall make and publish such rules and regulations, not inconsistent with law, as are reasonable and necessary to carry out the purposes of this chapter. (b) Such rules and regulations shall include, without limitation, best management practices that shall serve as protocols for the establishment and maintenance of responsible and sustainable pacific white shrimp aquaculture and for the protection of public health and safety, wildlife, and natural resources. By way of example only, such practices may cover site selection, site plans, stocking, disease importation management, escapement of eggs, fry, and adults, harvesting, transportation of product, effective management, food safety at the farm level, and reporting requirements. Compliance with such best management practices shall be a condition of any pacific white shrimp aquaculture registration certificate issued under this chapter.
2-15-13. (a) It shall be unlawful for any person to have in his or her possession pacific white shrimp obtained from a pacific white shrimp aquaculturalist without a bona fide bill of sale or lading that provides the date of transaction, identifies the seller, and details at least two of the following three criteria for pacific white shrimp: number, weight, or average length.

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(b) It shall be unlawful to sell pacific white shrimp produced by aquaculture which shrimp the department has determined to have diseases or parasites that would be harmful to native wildlife populations, including without limitation any viruses that may be latent in exotics but problematic if introduced into indigenous stocks. (c) Wholesale fish dealers or retail fish dealers properly licensed under Title 27 may sell pacific white shrimp obtained from a pacific white shrimp aquaculturalist registered under this chapter. (d) The Commissioner may by rule or regulation prohibit, condition, or limit the importation, possession, or sale in this state of pacific white shrimp where the same are found to be harmful to endemic wildlife populations or where the importation, possession, or sale might introduce or spread disease or parasites, including without limitation any viruses that may be latent in exotics but problematic if introduced into indigenous stocks. The Commissioner shall consult with the commissioner of natural resources to determine conditions and limitations regarding importing pacific white shrimp to protect endemic wildlife populations from disease, parasites, or other harm. (e) Any pacific white shrimp in the postlarval stage obtained for growout must be free of disease. (f) Employees or agents of the department shall confiscate any pacific white shrimp imported, purchased, or acquired by any person in violation of this Code section or any rule or regulation of the Commissioner adopted pursuant to this Code section.
2-15-14. (a) Any inspector or other person authorized to ascertain compliance with any provision of this chapter or any rule or regulation of the department pertaining to pacific white shrimp aquaculture may enter during normal business hours and inspect the premises of a pacific white shrimp aquaculturalist to determine whether such person is in compliance with the rules and regulations of the department. (b) In the event any person refuses to give his or her consent to an inspection as provided in subsection (a) of this Code section, the Commissioner or any person authorized to make inspections may seek a warrant to make an inspection as provided in this subsection:
(1) Any application for an inspection warrant shall be made to a person who is a judicial officer within the meaning of Code Section 17-5-21; (2) An inspection warrant shall be issued only upon cause and when supported by an affidavit particularly describing the place, dwelling, structure, premises, or vehicle to be inspected and the purpose for which the inspection is to be made. In addition, the affidavit shall contain either a statement that consent to inspect has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent. Cause shall be deemed to exist if either reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular place, dwelling, structure, premises, or vehicle, or there is reason to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, premises, or vehicle;

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(3) An inspection warrant shall be effective for the time specified therein, but not for a period of more than 14 days, unless extended or renewed by the judicial officer who signed and issued the original warrant, upon satisfying himself or herself that such extension or renewal is in the public interest. Such inspection warrant must be executed and returned to the judicial officer by whom it was issued within the time specified in the warrant or within the extended or renewed time. After the expiration of such time, the warrant, unless executed, is void; (4) An inspection pursuant to an inspection warrant shall be made between 8:00 A.M. and 6:00 P.M. of any day or at any time during operating or regular business hours. An inspection should not be performed in the absence of an owner or occupant of the particular place, dwelling, structure, premises, or vehicle unless specifically authorized by the judicial officer upon a showing that such authority is reasonably necessary to effectuate the purpose of the regulation being enforced. An inspection pursuant to a warrant shall not be made by means of forcible entry, except that the judicial officer may expressly authorize a forcible entry where facts are shown which are sufficient to create a reasonable suspicion of a violation of this chapter or any rule or regulation promulgated pursuant to this chapter, which, if such violation existed, would be an immediate threat to health, safety, or welfare or where facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. Where prior consent has been sought and refused and a warrant has been issued, the warrant may be executed without further notice to the owner or occupant of the particular place, dwelling, structure, premises, or vehicle to be inspected; (5) It shall be unlawful for any person to refuse to allow an inspection pursuant to an inspection warrant issued as provided in this subsection. Any person violating this paragraph shall be guilty of a misdemeanor; and (6) Under this subsection, an inspection warrant is an order, in writing, signed by a judicial officer, directed to the Commissioner or any person authorized to make inspections for the department, and commanding him or her to conduct any inspection authorized by any rules or regulations promulgated pursuant to this chapter. (c) The provisions of Code Section 27-1-23 shall not be applicable to any person registered under this chapter."
SECTION 2-2. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking paragraphs (23) and (77) of Code Section 27-1-2, relating to definitions relative to said title, and inserting in their respective places the following:
"(23) 'Domestic species' means those taxa of animals which have traditionally lived in a state of dependence on and under the dominion and control of man and have been kept as tame pets, raised as livestock, or used for commercial breeding purposes, including, but not limited to, dogs, cats, horses, cattle, ratites, and chickens. Animals which live in a captive or tame state and which lack a genetic distinction from members of the same taxon living in the wild are presumptively wild animals, except

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that lawfully obtained farmed fish which are held in confinement in private ponds shall be known as and considered to be 'domestic fish,' but only if they are fish species which are either indigenous to Georgia or are fish species which have been recognized prior to 1992 as having an established population in Georgia waters other than private ponds; provided, however, that Morone americana, white perch, shall not be a domestic fish; and provided, further, that pacific white shrimp produced or used by and contained on the premises of a pacific white shrimp aquaculturalist registered under Code Section 2-15-6 shall not be presumed to be wild animals." "(77) 'Wildlife' means any vertebrate or invertebrate animal life indigenous to this state or any species introduced or specified by the board and includes fish, except domestic fish produced by aquaculturists registered under Code Section 27-4-255, mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks or any part thereof; except that such term does not include any domestic fish produced by aquaculturalists registered under Code Section 27-4-255 or any pacific white shrimp produced or used by and lawfully contained on the premises of a pacific white shrimp aquaculturalist as those terms are defined by Code Section 2-15-2."
SECTION 2-3. Said title is further amended by striking Code Section 27-2-14, relating to permits for liberation of wildlife or liberation of domestic fish, and inserting in lieu thereof the following:
"27-2-14. It shall be unlawful for any person to liberate any wildlife within this state or to liberate domestic fish or pacific white shrimp (Penaeus vannamei) except into private ponds, except under permit from the department; provided, however, that pen raised quail may be released for purposes of training pointing, flushing, and retrieving dogs."
SECTION 2-4. Said title is further amended by striking Code Section 27-4-75, relating to sale of fish by commercial fish hatcheries, sale of game fish, bill of sale or lading for possession of certain game fish and domestic fish, and sale of diseased fish, and inserting in lieu thereof the following:
"27-4-75. (a) It shall be unlawful to sell any fish from a commercial fish hatchery as defined in Code Section 27-1-2 unless the hatchery is licensed under Code Section 27-2-23 or except as follows:
(1) Fish may be sold as provided in Code Section 27-4-74 or 27-4-76; and (2) Domestic fish as defined in paragraph (23) of Code Section 27-1-2 and that are produced by an aquaculturist aquaculturalist registered under Code Section 27-4-255. (b) Except as provided in Code Section 27-4-74 and except for persons licensed as wholesale or retail fish dealers as provided in Code Section 27-4-76, it shall be unlawful for anyone other than a commercial fish hatchery licensed under Code Section 27-2-23 to sell any species of game fish. It shall also be unlawful for any person to have

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in his or her possession any such game fish obtained from a commercial fish hatchery, wholesale fish dealer, or retail fish dealer or domestic fish from an aquaculturist aquaculturalist registered under Code Section 27-4-255 without a bona fide bill of sale or lading which provides the date of transaction, identifies the seller, and details at least two of the following three criteria for each species of fish contained therein: number, weight, or average length. (c) It shall also be unlawful to sell fish from a commercial fish hatchery which the department has determined to have diseases or parasites which would be harmful to native fish populations."
SECTION 2-5. Said title is further amended by striking Code Section 27-4-76, relating to licensing of wholesale and retail fish dealers and sale, transportation into state, or possession of live fish and fish eggs, and inserting in lieu thereof the following:
"27-4-76. (a) It shall be unlawful to engage in the business of a wholesale or retail fish dealer, as defined in Code Section 27-1-2, without first obtaining an annual license from the department as provided in Code Section 27-2-23. Properly licensed wholesale fish dealers or retail fish dealers may sell game fish obtained from a licensed fish hatchery or domestic fish obtained from a registered aquaculturist an aquaculturalist registered under Code Section 27-4-255 or as otherwise provided in Code Section 27-4-74. Notwithstanding any other provision to the contrary, a licensed commercial fish hatchery shall not be required to obtain a license as a wholesale fish dealer or a retail fish dealer. (b) Notwithstanding subsection (a) of this Code section, nonresident persons may sell and transport fish and fish eggs into the state without being required to procure a wholesale fish dealer license where the sale and shipment are made to a wholesale fish dealer duly licensed under Code Section 27-2-23. (c) The board may by regulation prohibit or limit the importation, possession, or sale in this state of live fish or fish eggs where the same are found to be harmful to endemic fish populations or where the importation, possession, or sale might introduce or spread disease or parasites. (d) The conservation rangers or other agents or officials of the department shall confiscate any fish imported, purchased, or acquired by any person in violation of this Code section or any regulation promulgated by the board pursuant to this Code section."
SECTION 2-6. Said title is further amended by striking paragraph (1) of Code Section 27-4-252, relating to definitions relative to aquaculture development, and inserting in lieu thereof the following:
"(1) 'Aquaculture' means the extensive or intensive farming of aquatic animals, other than pacific white shrimp as defined by Code Section 2-15-2, and aquatic plants."

WEDNESDAY, APRIL 7, 2004

4011

PART III SECTION 3-1. (a) This part shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. (b) Part I of this Act shall become effective if and when the decision of the United States Court of Appeals for the Eighth Circuit in the case of Livestock Marketing Association v. United States Department of Agriculture, Nos. 02-2769/2832, slip. op. (8th Cir. July 8, 2003), holding the collection of mandatory assessments to pay for generic advertising of beef and beef products under the federal Beef Promotion and Research Act of 1985, 7 U.S.C. Section 2901, et seq., unconstitutional as a violation of the First Amendment to the Constitution of the United States, is affirmed by the United States Supreme Court; provided, however, that if a petition for writ of certiorari is denied in such case or such petition is granted but the decision of the United States Court of Appeals for the Eighth Circuit is not affirmed prior to July 1, 2006, Part I of this Act shall not become effective and shall stand repealed on July 1, 2006. (c) Part II of this Act shall become effective only upon the effective date of a specific appropriation of funds for purposes of said part of this Act as expressed in a line item of an appropriations Act enacted by the General Assembly.
SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

Representative James of the 114th moved that the House adopt the report of the Committee of Conference on HB 1766.

On the motion, the roll call was ordered and the vote was as follows:

Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome N Brown E Bruce

N Day Dean
Y Deloach Y Dix Y Dodson
Dollar Y Dooley N Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin

E Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James
Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce N Keen N Knox

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B
Oliver, M O'Neal Y Orrock Y Parham Y Parrish Y Parsons Porter Powell Y Purcell

Y Sholar Sims
Y Sinkfield Y Skipper
Smith, B Y Smith, L Y Smith, P Y Smith, T
Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes
Stoner Y Teilhet Y Teper

4012
E Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell N Casas N Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Gardner Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson N Hill, C

Y Lane N Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham N Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton N Millar N Mills

Y Ralston Y Randall Y Ray Y Reece, B
Reece, S Y Rice N Richardson Y Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor Y Scott Y Shaw N Sheldon

On the motion, the ayes were 130, nays 24. The motion prevailed.

Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

Representative Beasley-Teague of the 48th, Post 2 stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 460. By Senators Cagle of the 49th, Gillis of the 20th, Hudgens of the 47th and Brush of the 24th:
A BILL to be entitled an Act to amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, so as to change certain provisions relating to 25 foot buffers along state waters; to authorize landdisturbing activity within such buffers if certain compensatory mitigation requirements are satisfied; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and withdrawn:

WEDNESDAY, APRIL 7, 2004

4013

A BILL
To amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, so as to change certain provisions relating to 25 foot buffers along state waters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, is amended by striking paragraph (15) of subsection (b) and inserting in lieu thereof the following:
"(15)(A) Except as provided in paragraph (16) of this subsection, there There is established a 25 foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where:
(i) As provided by paragraph (16) of this subsection; (ii) Where the director determines to allow a variance that is at least as protective of natural resources and the environment, where; (iii) Where otherwise allowed by the director pursuant to Code Section 12-2-8, or where; or (iv) Where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented; provided, however, that buffers of at least 25 feet established pursuant to Part 6 of Article 5 of Chapter 5 of this title shall remain in force unless a variance is granted by the director as provided in this paragraph. The following requirements shall apply to any such buffer: (A)(B) No land-disturbing activities shall be conducted within a any such buffer; and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed, except as otherwise provided by this paragraph. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed;.

4014

JOURNAL OF THE HOUSE

(C) Springs and streams which discharge an average annual flow of 25 gallons per minute or less may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the board providing for notice to the division or local issuing authority of the location and extent of the piping and prescribed methodology for minimizing the impact of such piping and for measuring the volume of water discharged by the stream and the maintaining of or improvement to water quality downstream from the pipe. Any such pipe must stop short of the downstream landowners property, and the landowner must comply with the buffer requirement for any adjacent streams. On or before December 31, 2004, the board shall adopt a rule or regulation for such general variance for projects where the landowner shows that the completed project will result in maintained or improved water quality for the affected stream. (B)(D) On or before December 31, 2000 2004, the board shall adopt rules which contain specific criteria for the grant or denial by the director of requests for variances. After such date, no variance shall be granted by the director which is not consistent with the criteria contained in such rules; provided, however, that, should the board fail to adopt rules which contain specific criteria for the grant or denial of requests for variances by the director on or before December 31, 2000, the authority of the director to issue such variances shall be suspended until the board adopts such rules; and. Such rules shall provide, at a minimum, that the director shall consider granting a variance in the following circumstances:
(i) Where a proposed land disturbing activity within the buffer would require the landowner to acquire a permit from the United States Army Corps of Engineers under Section 404 of the federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. Section 1344, and the Corps of Engineers has approved a mitigation plan to be implemented as a condition of such a permit; (ii) Where the landowner provides a plan satisfactory to the director that shows that, even with the proposed land disturbing activity within the buffer, the completed project will result in improved water quality downstream of the project; (iii) Where a project with a proposed land disturbing activity within the buffer is located in or upstream and within ten linear miles of a stream segment listed as impaired under Section 303(d) of the federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. Section 1313(d) and the landowner provides a plan satisfactory to the director that shows that the completed project will result in maintained or improved water quality in such listed stream segment and that the project has no adverse impact relative to the pollutants of concern in such stream segment; and (iv) All projects covered under divisions (i), (ii), and (iii) of this subparagraph shall meet all criteria set forth in rules for specific variance criteria adopted by the board by December 31, 2004. (C)(E) The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more

WEDNESDAY, APRIL 7, 2004

4015

than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented:
(i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines; and"
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Skipper of the 116th, Porter of the 119th and Hanner of the 133rd was read:

A BILL
To amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, so as to change certain provisions relating to 25 foot buffers along state waters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, is amended by striking paragraph (15) of subsection (b) and inserting in lieu thereof the following:
"(15)(A) Except as provided in paragraph (16) of this subsection, there There is established a 25 foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where:
(i) As provided by paragraph (16) of this subsection; (ii) Where the director determines to allow a variance that is at least as protective of natural resources and the environment, where; (iii) Where otherwise allowed by the director pursuant to Code Section 12-2-8, or where; or (iv) Where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented; provided, however, that buffers of at least 25 feet established pursuant to Part 6 of Article 5 of Chapter 5 of this title shall remain in force unless a variance is granted

4016

JOURNAL OF THE HOUSE

by the director as provided in this paragraph. The following requirements shall apply to any such buffer: (A)(B) No land-disturbing activities shall be conducted within a any such buffer; and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed, except as otherwise provided by this paragraph. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed;. (B)(C) On or before December 31, 2000 2004, the board shall adopt rules which contain specific criteria for the grant or denial by the director of requests for variances. After such date, no variance shall be granted by the director which is not consistent with the criteria contained in such rules; provided, however, that, should the board fail to adopt rules which contain specific criteria for the grant or denial of requests for variances by the director on or before December 31, 2000, the authority of the director to issue such variances shall be suspended until the board adopts such rules; and. Such rules shall provide, at a minimum, that the director shall consider granting a variance in the following circumstances:
(i) Where a proposed land disturbing activity within the buffer would require the landowner to acquire a permit from the United States Army Corps of Engineers under Section 404 of the federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. Section 1344, and the Corps of Engineers has approved a mitigation plan to be implemented as a condition of such a permit; (ii) Where the landowner provides a plan satisfactory to the director that shows that, even with the proposed land disturbing activity within the buffer, the completed project will result in maintained or improved water quality downstream of the project; or (iii) Where a project with a proposed land disturbing activity within the buffer is located in or upstream and within ten linear miles of a stream segment listed as impaired under Section 303(d) of the federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. Section 1313(d) and the landowner provides a plan satisfactory to the director that shows that the completed project will result in maintained or improved water quality in such listed stream segment and that the project has no adverse impact relative to the pollutants of concern in such stream segment; and All projects covered under divisions (i), (ii), and (iii) of this subparagraph shall meet all criteria set forth in rules for specific variance criteria adopted by the board by December 31, 2004.

WEDNESDAY, APRIL 7, 2004

4017

(C)(D) The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented:
(i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines; and"
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the Floor substitute, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister
Barnard Y Barnes Y Beasley-Teague Y Benfield N Birdsong Y Black N Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas N Chambers
Channell N Childers Y Coan Y Coleman, B Y Cooper N Crawford N Cummings

N Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart Y Elrod Y Epps Y Fleming N Floyd, H N Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene
Greene-Johnson Y Hanner E Harbin Y Harper Y Harrell N Heard, J N Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

E Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins, C N Jenkins, C.F Y Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell Y McBee N McCall Y McClinton N Millar N Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby N Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B
Oliver, M Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Porter
Powell Y Purcell N Ralston
Randall Y Ray
Reece, B N Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L N Rogers, C Y Rogers, Ch. Y Royal
Rynders Sailor Y Scott Y Shaw Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P N Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Y Thomas, A.M
Thompson Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White Y Wilkinson Y Willard
Williams, A Y Williams, E N Williams, R Y Wix Y Yates
Coleman, Speaker

4018

JOURNAL OF THE HOUSE

On the adoption of the Floor substitute, the ayes were 122, nays 36. The Floor substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

N 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 N Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas N Chambers
Channell N Childers Y Coan Y Coleman, B Y Cooper N Crawford N Cummings

N Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley N Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H N Floyd, J N Fludd Y Forster N Franklin Y Gardner N Golick Y Graves, D N Graves, T Y Greene N Greene-Johnson Y Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson N James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee N McCall Y McClinton N Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby N Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter
Powell Y Purcell Y Ralston Y Randall Y Ray N Reece, B N Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L N Rogers, C Y Rogers, Ch. Y Royal
Rynders Sailor Y Scott Y Shaw Y Sheldon

Y Sholar Sims
Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P N Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet N Teper Y Thomas Morgan N Thomas, A.M Y Thompson Y Walker, L
Walker, R.L Y Warren
Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A Y Williams, E Y Williams, R
Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 140, nays 25.

WEDNESDAY, APRIL 7, 2004

4019

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Sims of the 130th 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 Stephenson of the 60th, Post 1 stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

HB 208. By Representatives Fludd of the 48th, Post 4, Moraitakis of the 42nd, Post 4, Oliver of the 56th, Post 2, Stephenson of the 60th, Post 1, Hill of the 81st and others:
A BILL to amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Property Owners' Association Act," so as to clarify the definition of "lots"; to clarify the definition of "lot owner"; to clarify the definition of "property owners' development"; to clarify enforcement powers; to clarify voting procedures for multiple-owner units; to conform proxy requirements to other provisions of the law; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 208

The Committee of Conference on HB 208 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 208 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

4020

JOURNAL OF THE HOUSE

/s/ Rene D. Kemp Senator, 3rd District
/s/ Mitch Seabaugh Senator, 28th District
/s/ Levetan Senator, 40th District

/s/ Virgil Fludd Representative, 48th District, Post 4
/s/ Pamela Stephenson Representative, 60th District, Post 1
/s/ Nick Moraitakis Representative, 42nd District, Post 4

A BILL
To amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to change provisions relating to compliance with condominium instruments; to change provisions relating to allocation of votes in associations; to clarify liability for common expenses which may be assessed against owners; to change provisions relating to damage or destruction of units; to change provisions for calling meetings of the association; to change provisions relating to quorums at association or board meetings; to amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Property Owners Association Act," so as to change certain definitions; to clarify voting procedures at association meetings; to change provisions relating to liability for unpaid assessments; to clarify incorporated names of associations; to clarify meeting quorum requirements; to clarify requirements for calling meetings; to change procedures for judicial foreclosure; to clarify applicability of this article; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, is amended by striking Code Section 44-3-76, relating to compliance with condominium instruments, and inserting in lieu thereof the following:
"44-3-76. Every unit owner and all those entitled to occupy a unit shall comply with all lawful provisions of the condominium instruments. In addition, any unit owner and all those entitled to occupy a unit shall comply with any reasonable rules or regulations adopted by the association pursuant to the condominium instruments which have been provided to the unit owners and with the lawful provisions of bylaws of the association. Any lack of such compliance shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the association or, in any proper case, by one or more aggrieved unit owners, on their own behalf or as a class action. If and to the extent provided in the

WEDNESDAY, APRIL 7, 2004

4021

condominium instruments, the association shall be empowered to impose and assess fines, and suspend temporarily voting rights and the right of use of certain of the common elements in order to enforce such compliance; provided, however, that no such suspension shall deny any unit owner or occupants access to the unit owned or occupied nor cause any hazardous or unsanitary condition to exist. If the voting right of a unit owner has been suspended, then to the extent provided in the condominium instruments, that unit owners vote shall not count for purposes of establishing a quorum or taking any action which requires a vote of the owners under this article or the condominium instruments. Notwithstanding any other provision of this Code section, to the extent provided in the condominium instruments, water, gas, electricity, heat, and air conditioning services being provided to a unit or unit owner by the association may be terminated for failure to pay assessments and other amounts due pursuant to subsection (a) of Code Section 44-3-109, subject to the suspension standards and notice requirements imposed on the institutional providers providing such services to the condominium development, only after a final judgment or final judgments in excess of a total of $750.00 are obtained in favor of the association from a court of competent jurisdiction. The utility services shall not be required to be restored until the judgment or judgments and any reasonable utility provider charges or other reasonable costs incurred in suspending and restoring such services are paid in full. All common expenses for termination and restoration of any services pursuant to this Code section shall be an assessment and a lien against the unit."
SECTION 2. Said article is further amended by striking subsections (b) and (c) of Code Section 44-379, relating to the allocation of votes in the association, and inserting in lieu thereof the following:
"(b) Since a unit owner may be more than one person, if only one of those persons is present at a meeting of the association or is voting by proxy, ballot, or written consent, that person shall be entitled to cast the votes pertaining to that unit. However, if more than one of those persons is present or executes a proxy, ballot, or written consent, the vote pertaining to that unit shall be cast only in accordance with their unanimous agreement unless the condominium instruments expressly provide otherwise; and such consent shall be conclusively presumed if any one of them purports to cast the votes pertaining to that unit without protest being made immediately by any of the others to the person presiding over the meeting or vote. (c) The votes pertaining to any unit may, and, in the case of any unit owner not a natural person or persons, shall, be cast pursuant to a proxy or proxies duly executed by or on behalf of the unit owner or, in cases where the unit owner is more than one person, by or on behalf of the joint owners of the unit. No such proxy shall be revocable except as provided in Code Section 14-2-722 or 14-3-724 or by written notice delivered to the association by the unit owner or by any joint owners of a unit. Any proxy shall be void if it is not dated or if it purports to be revocable without such notice."

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JOURNAL OF THE HOUSE

SECTION 3. Said article is further amended by striking subsection (c) of Code Section 44-3-80, relating to the allocation of liability for common expenses, and inserting in lieu thereof the following:
"(c) The amount of all common expenses not specially assessed pursuant to subsection (a) or (b) of this Code section, less the amount of all undistributed and unreserved common profits, shall be assessed against the condominium units in accordance with the allocation of liability for common expenses set forth in the declaration. The allocation may be by percentage, fraction, formula, or any other method which indicates the relative liabilities for common expenses. If an equal liability for common expenses is allocated to each unit, the declaration may merely so state. The entire liability for common expenses shall be allocated among the units depicted on plats or plans that comply with subsections (a) and (b) of Code Section 44-3-83 and shall be subject to reallocation as provided in this article. Except to the extent otherwise expressly provided or permitted by this article, the allocations of the liability shall not be altered; provided, however, that no reallocation shall affect any assessment or installation thereof becoming due and payable prior to reallocation. The assessments shall be made by the association annually or more often if the condominium instruments so provide and shall be payable in the manner determined by the association. Notwithstanding any unequal allocation of liabilities for common expenses pursuant to this subsection, this provision shall not preclude the association from levying charges equally among units for services or items provided to owners upon request, or which provide proportionate or uniform benefit to the units, including, but not limited to, uniform charges for pool keys or other common element entry devices."
SECTION 4. Said article is further amended by striking Code Section 44-3-94, relating to damage or destruction of units, and inserting in lieu thereof the following:
"44-3-94. Unless otherwise provided in the condominium instruments, in the event of damage to or destruction of any unit by a casualty covered under insurance required to be maintained by the association pursuant to Code Section 44-3-107, the association shall cause the unit to be restored. Unless otherwise provided in the condominium instruments, any funds required for such restoration in excess of the insurance proceeds attributable thereto shall be paid by the unit owner of the unit; provided, however, that, in the event that the unit owner of the unit together with the unit owners of other units to which two-thirds of the votes in the association pertain agree not to restore the unit, the unit shall not be restored and the entire undivided interest in the common elements pertaining to that unit shall then pertain to the remaining units, to be allocated to them in proportion to their undivided interests in the common elements, and the remaining portion of that unit shall thenceforth be a part of the common elements. Votes in the association and liability for future common expenses shall thereupon pertain to the remaining units, being allocated to them in proportion to their relative voting strength in

WEDNESDAY, APRIL 7, 2004

4023

the association and liability for common expenses, respectively. As to insurance required to be maintained by the association under this article and to To the extent provided for in the condominium instruments, the association may allocate equitably the payment of a reasonable insurance deductible between the association and the unit owners affected by a casualty against which the association is required to insure; provided, however, that the amount of deductible which can be allocated to any one unit owner shall not exceed $1,000.00 $2,500.00 per casualty loss covered under any insurance required to be maintained by the association under this article. The existence of a reasonable deductible in any required insurance policy shall not be deemed a failure to maintain insurance as required by this Code section."
SECTION 5. Said article is further amended by striking Code Section 44-3-102, relating to meetings of the association, and inserting in lieu thereof the following:
"44-3-102. Meetings of the members of the association shall be held in accordance with the provisions of the associations bylaws and in any event shall be called not less frequently than annually. A condominium instrument recorded on or after July 1, 1990, shall also provide for the calling of a meeting upon the written request of at least 15 percent of the unit owners. Notice shall be given to each unit owner at least 21 days in advance of any annual or regularly scheduled meeting and at least seven days in advance of any other meeting and shall state the time, place, and purpose of such meeting. Such notice shall be delivered personally, or sent by United States mail, postage prepaid, statutory overnight delivery, or issued electronically in accordance with Chapter 12 of Title 10, the 'Georgia Electronic Records and Signatures Act,' to all unit owners of record at such address or addresses as any of them may have designated or, if no other address has been so designated, at the address of their respective units. At the annual meeting, comprehensive reports of the affairs, finances, and budget projections of the association shall be made to the unit owners."
SECTION 6. Said article is further amended by striking Code Section 44-3-103, relating to quorums at meetings of the association or board, and inserting in lieu thereof the following:
"44-3-103. Unless the condominium instruments or bylaws provide otherwise, a quorum shall be deemed present throughout any meeting of the members of the association if persons entitled to cast more than one-third of the votes are present at the beginning of the meeting. Unless the condominium instruments or bylaws specify a larger majority, a quorum shall be deemed present throughout any meeting of the board of directors if percentage, the presence of persons entitled to cast one-half of the votes in that body are present of the board of directors shall constitute a quorum for the transaction of any business at any meeting of the board."

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SECTION 7. Said article is further amended by striking subsection (c) of Code Section 44-3-109, relating to a lien for assessments, and inserting in lieu thereof the following:
"(c) Not less than ten 30 days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the unit owner both at the address of the unit and at any other address or addresses which the unit owner may have designated to the association in writing, the lien may be foreclosed by the association by an action, judgment, and foreclosure in the same manner as other liens for the improvement of real property, subject to superior liens or encumbrances, but any such court order for judicial foreclosure shall not affect the rights of holders of superior liens or encumbrances to exercise any rights or powers afforded to them under their security instruments. The notice provided for in this subsection shall specify the amount of the assessments then due and payable together with authorized late charges and the rate of interest accrued accruing thereon. Unless prohibited by the condominium instruments, the association shall have the power to bid on the unit at any foreclosure sale and to acquire, hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be of no further effect, as to assessments or installments thereof, together with late charges and interest applicable thereto, which first become due and payable more than three years prior to the date upon which the notice contemplated in this subsection is given or more than three years prior to the institution of an action therefor if an action is not instituted within 90 days after the giving of the notice four years after the assessment or installment first became due and payable."
SECTION 8. Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Property Owners Association Act," is amended by striking paragraphs (9) and (18) of Code Section 44-3-221, relating to definitions, and inserting in lieu thereof the following:
"(9) 'Lot' means any plot or parcel of land, other than a common area, designated for separate ownership and occupancy shown on a recorded subdivision plat for a development and subject to a declaration. Where the context indicates or requires, the term lot includes any structure on the lot. With respect to a property owners development which includes a condominium, and to the extent provided for in the instrument, each condominium unit, as defined in paragraph (28) of Code Section 443-71, shall be deemed a separate lot." "(18) 'Property owners development' or 'development' means real property containing both which contains lots and which may contain common area located within Georgia and subject to a declaration and submitted to this article."
SECTION 9. Said article is further amended by striking Code Section 44-3-224, relating to voting at association meetings, and inserting in lieu thereof the following:

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"44-3-224. (a) Since a lot owner may be more than one person, if only one of those persons is present at a meeting of the association, or is voting by proxy, ballot, or written consent, that person shall be entitled to cast the votes pertaining to that lot. However, if more than one of those persons is present, or executes a proxy, ballot, or written consent, the vote pertaining to that lot shall be cast only in accordance with their unanimous agreement unless the instrument expressly provides otherwise; and such consent shall be conclusively presumed if any one of them purports to cast the votes pertaining to that lot without protest being made immediately by any of the others to the person presiding over the meeting or vote. (b) The votes pertaining to any lot may, and, in the case of any lot owner not a natural person or persons, shall, be cast pursuant to a proxy or proxies duly executed by or on behalf of the lot owner or, in cases where the lot owner is more than one person, by or on behalf of the joint owners of the lot. No such proxy shall be revocable except as provided in Code Section 14-2-722 or Code Section 14-3-724 or by written notice delivered to the association by the lot owner or by any joint owners of a lot. Any proxy shall be void if it is not dated or if it purports to be revocable without such notice."
SECTION 10. Said article is further amended by striking subsection (b) of Code Section 44-3-225, relating to assessment of expenses, and inserting in lieu thereof the following:
"(b) No lot owner other than the association shall be exempted from any liability for any assessment under this Code section or under any instrument for any reason whatsoever, including, without limitation, abandonment, nonuser, or waiver of the use or enjoyment of his or her lot or any part of the common area except to the extent that any lot, upon request by the owner of the lot, expressly may be made exempt from assessments and thus denied voting rights of the lot under the instrument until a certificate of occupancy is issued by the governing authority for a dwelling on such lot."
SECTION 11. Said article is further amended by striking subsection (a) of Code Section 44-3-227, relating to incorporation of the association, and inserting in lieu thereof the following:
"(a) Prior to submission to this article, the association shall be duly incorporated either as a business corporation under Chapter 2 of Title 14 or as a nonprofit membership corporation under Chapter 3 of Title 14, as amended. The corporate name of the association shall include the word or words 'homeowners,' 'property owners,' 'community,' 'club,' or 'association' and shall otherwise comply with applicable laws regarding corporate names. The articles of incorporation of the association and the bylaws adopted by the association shall contain provisions not inconsistent with applicable law including but not limited to this article or with the declaration as may be required by this article or by the declaration and as may be deemed appropriate or desirable for the proper management and administration of the association. The term

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'member' shall include a shareholder in the event the association is a business corporation or issues stock. Membership shall continue during the period of ownership by such lot owner."
SECTION 12. Said article is further amended by striking Code Section 44-3-228, relating to presence of quorums at meetings, and inserting in lieu thereof the following:
"44-3-228. Unless the instrument provides or bylaws provide otherwise, a quorum shall be deemed present throughout any meeting of the members of the association if persons entitled to cast more than one-third of the votes are present at the beginning of the meeting. Unless the instrument specifies or bylaws specify a larger majority, a quorum shall be deemed present throughout any meeting of the board of directors if percentage, the presence of persons entitled to cast one-half of the votes of the board of directors shall constitute a quorum for the transaction of business at any meeting of the board in that body are present at such meeting."
SECTION 13. Said article is further amended by striking Code Section 44-3-230, relating to frequency of meetings, and inserting in lieu thereof the following:
"44-3-230. Meetings of the members of the association shall be held in accordance with the provisions of the associations bylaws and in any event shall be called not less frequently than annually. Notice shall be given to each lot owner at least 21 days in advance of any annual or regularly scheduled meeting and at least seven days in advance of any other meeting and shall state the time, place, and, for any special meeting, purpose of such meeting. Such notice shall be delivered personally or sent by United States mail, postage prepaid, statutory overnight delivery, or issued electronically in accordance with Chapter 12 of Title 10, the 'Georgia Electronic Records and Signatures Act,' to all lot owners of record at such address or addresses as designated by such lot owners or, if no other address has been so designated, at the address of their respective lots. At the annual meeting, comprehensive reports of the affairs, finances, and budget projections of the association shall be made to the lot owners."
SECTION 14. Said article is further amended by striking subsection (c) of Code Section 44-3-232, relating to assessments against lot owners as constituting a lien in favor of the association, and inserting in lieu thereof the following:
"(c) Not less than ten 30 days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the lot owner both at the address of the lot and at any other address or addresses which the lot owner may have designated to the association in writing, the lien may be foreclosed by the association by an action,

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judgment, and court order for foreclosure in the same manner as other liens for the improvement of real property, subject to superior liens or encumbrances but any such court order for judicial foreclosure shall not affect the rights of holders of superior liens or encumbrances to exercise any rights or powers afforded to them under their security instruments. The notice provided for in this subsection shall specify the amount of the assessments then due and payable together with authorized late charges and the rate of interest accrued accruing thereon. Unless prohibited by the instrument, the association shall have the power to bid on the lot at any foreclosure sale and to acquire, hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be of no further effect, as to assessments or installments thereof, together with late charges and interest applicable thereto, which first become due and payable more than three four years prior to the date upon which the notice contemplated in this subsection is given or more than three years prior to the institution of an action therefor if an action is not instituted within 90 days after the giving of the notice after the assessment or installment first became due and payable."
SECTION 15. Said article is further amended by striking subsection (b) of Code Section 44-3-235, relating to applicability of the article and inserting in lieu thereof the following:
"(b) This article shall not apply to associations created pursuant to Article 3 of this chapter, the 'Georgia Condominium Act.' Act,' except to the extent that a property owners development created under this article includes a condominium, together with other real property, as provided in paragraph (9) of Code Section 44-3-221."
SECTION 16. All laws and parts of law in conflict with this act are repealed.

Representative Fludd of the 48th, Post 4 moved that the House adopt the report of the Committee of Conference on HB 208.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong
Black Boggs Bordeaux Y Borders

N Day Dean
Y Deloach Y Dix
Dodson Dollar Y Dooley N Douglas Y Drenner Dukes N Ehrhart N Elrod Y Epps

E Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel
Oliver, B Y Oliver, M Y O'Neal Y Orrock

Sholar Y Sims
Sinkfield Y Skipper N Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E

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Y Bridges N Brock Y Brooks Y Broome N Brown E Bruce E Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas Y Chambers
Channell Y Childers N Coan N Coleman, B Y Cooper Y Crawford Y Cummings

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Y Fleming N Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson
Hanner E Harbin N Harper Y Harrell N Heard, J Y Heard, K
Heath Y Heckstall N Hembree Y Henson N Hill, C

Y Jenkins, C.F N Jones Y Jordan
Joyce Keen N Knox Lane N Lewis Y Lord Y Lucas Lunsford Y Maddox Y Mangham Y Manning N Marin N Martin Massey N Maxwell McBee McCall Y McClinton N Millar Y Mills

Parham Parrish N Parsons Porter Y Powell Y Purcell N Ralston Y Randall Ray Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Rynders Sailor N Scott Y Shaw N Sheldon

On the motion, the ayes were 102, nays 45. The motion prevailed.

Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L
Walker, R.L Y Warren Y Watson N Westmoreland N White Y Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix Y Yates
Coleman, Speaker

HB 1190. By Representatives O`Neal of the 117th, Coleman of the 65th, Burkhalter of the 36th and Golick of the 34th, Post 3:
A BILL to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for the revision of certain provisions regarding education flexibility and accountability; to change certain provisions regarding school councils; to change certain provisions regarding early intervention programs; to change certain provisions regarding budgeting, funding, and accounting; to change certain provisions regarding program weights; to change certain provisions regarding effectiveness assessment; to amend the Official Code of Georgia Annotated, so as to change the name "Office of Education Accountability" to "Office of Student Achievement"; and for other purposes.

The following report of the Committee of Conference was read:

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COMMITTEE OF CONFERENCE REPORT ON HB 1190

The Committee of Conference on HB 1190 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1190 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Joey Brush Senator, 24th District

/s/ Bob Holmes Representative, 48th District, Post 1

/s/ Preston W. Smith Senator, 52nd District

/s/ Barbara Reece Representative, 11th District

/s/ Dan A. Moody Senator, 27th District

/s/ Kathy Ashe Representative, 42nd District, Post 2

A BILL
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change the provisions relating to school councils and their membership, selection, terms, powers, duties, officers, operations, bylaws, meetings, practices, and procedures; to change the provisions relating to the powers and duties of local boards of education and local school officials; to change the provisions relating to training programs for school councilmembers; to provide for the revision of certain provisions regarding education flexibility and accountability; to allow the State Board of Education to prescribe the manner and grade level for certain required courses in history and government; to authorize alternative methods for certain transfer students; to provide for rules and regulations; to authorize certain exemptions; to change certain provisions regarding early intervention programs; to change certain provisions relating to expenditure controls for the 2004-2005 school year; to provide for certain reports; to change certain provisions relating to maximum class size for the 2004-2005 school year; to provide for automatic repeal; to authorize certain instruction for students who fail the criterion referenced reading assessment; to provide for a study of such students; to provide for exemptions to provisions relating to middle schools in certain circumstances; to change certain provisions relating to charter schools; to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to regulation of the employment of minors, so as to provide for notice to the employers regarding a students attendance record; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated,

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relating to drivers licenses, so as to revise certain provisions relating to eligibility of minors; to authorize waiver of certain provisions in order to improve student performance in specified circumstances; to provide for contents of the application for waiver; to provide for maximum duration of a waiver; to change certain provisions regarding effectiveness assessment; to delete a provision prohibiting the identification by name of any student in records stored at the state level; to prohibit identifying students and employees by social security number in violation of law; to provide for written policies of local boards regarding unstructured break time for students; to change penalties for failure to comply with compulsory attendance requirements; to provide for written summaries of penalties and consequences of failure to comply with compulsory attendance requirements; to provide for student attendance protocols and their contents, purpose, and dissemination; to provide for student attendance protocol committees and their membership and duties; to require school principals to support the authority of teachers to remove certain students from a classroom; to revise the definition of "disciplinary orders" to include those from private schools and out-of-state schools; to provide for additional requirements for student codes of conduct; to eliminate the requirement that local boards of education submit a copy of their student codes of conduct to the State Board of Education; to provide that local board policies require local school superintendents to support the authority of principals and teachers to remove certain students from a classroom; to provide that state policy prefers reassignment of disruptive students to alternative educational settings rather than suspension or expulsion; to change certain provisions relating to suspending students for committing acts of physical violence; to revise certain provisions relating to disciplinary hearings by a disciplinary hearing officer, panel, or tribunal; to require that all disciplinary hearings be held within a certain time after the beginning of a students suspension; to provide for exceptions; to provide for notice to any teacher who is called as a witness for a disciplinary hearing; to provide that certain provisions relating to disciplinary actions shall apply to children in kindergarten through grade five; to provide for changes to the accountability assessment; to amend the Official Code of Georgia Annotated so as to change the name "Office of Education Accountability" to "Office of Student Achievement"; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking Code Section 20-2-86, relating to operation of school councils, and inserting in lieu thereof the following:
"20-2-86. (a) By October 1, 2001, each local board of education that elects to participate in the Quality Basic Education Program provided for in Article 6 of this chapter shall have a school council operational at a minimum of one high school, one middle school, and

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one elementary school, except that if a school system does not have its schools organized in this manner the system shall designate schools for a school council as closely to the intent of this Code section as possible. By October 1, 2002, each local board of education shall have a school council operational in a minimum of 50 percent of the schools under its jurisdiction. Such school council shall operate pursuant to this Code section, and the local board of education shall assist all councils in their creation and operation. After two years of successful operation, and upon receiving a high performance designation by the Office of Education Accountability, the local board of education shall devolve to the school council such additional authority in matters of school operation as the local board deems appropriate. By October 1, 2003, each local board of education shall have a school council operational in each of the schools under its jurisdiction. Local boards of education may by board policy allow an alternative to a school council at a charter school, an alternative school, or a psychoeducation center if another governance body or advisory council exists that performs a comparable function. (b) The local board of education shall provide a training program to assist schools in forming a school council and to assist school councilmembers in the performance of their duties. Such program shall address the organization of councils, their purpose and responsibilities, applicable laws, rules, regulations and meeting procedures, and important state and local school system program requirements and shall provide a model school council organization plan. The Additional training program programs shall be offered to school councilmembers at least twice per school year, except that this program shall be offered during the month of July should there be members of the school council with a term commencing on July 1 who have not previously received this training annually. The State Board of Education shall develop and make available a model school council training program. (c) Membership on the council shall be open to teachers, parents, and business representatives selected from all businesses that are designated school business partners. Any member may withdraw from the council by delivering to the council a written resignation and submitting a copy to the secretary of the council or school principal. Should school councilmembers determine that a member of the council is no longer active in the council as defined by the bylaws of the council, the council may, by a majority vote of five members of the council, withdraw such persons membership status, effective as of a date determined by the council. (d) The property and business of the council shall be managed by a minimum of seven school councilmembers of whom a majority shall constitute a quorum. School councilmembers must be individuals who are 18 years of age or older The number of councilmembers shall be specified in the councils bylaws. If the number of councilmembers exceeds seven, the number of parent members and teacher members must be equal. Members of the school council shall include:
(1) Two At least two parents or guardians of students enrolled in the school, excluding employees who are parents or guardians of such students;

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(2) Two businesspersons, one of whom shall be selected by the local board of education and one of whom shall be selected by the other five nonbusiness members of the school council from the business partners of the school or, if there are no business partners, from the local business community; (3) Two At least two certificated teachers, excluding any personnel employed in administrative positions, who are employed at least four of the six school segments at the school; and (4) The school principal.; and (5) Other members as specified in the councils bylaws, such as, but not limited to, students, staff, and representatives of school related organizations. Selection procedures for these members and the business members shall be specified in the councils bylaws. An employee of the local school system may serve as a parent representative on the council of a school in which his or her child is enrolled if such employee works at a different school. With the exception of the principal and the business representatives, members shall be elected by, and from among, the group they represent. The chairperson of the council shall be the school principal. (e) Members of the council shall serve for a term of two years or for such other term as may be specified in the councils bylaws, except as provided in this subsection. Upon the expiration of the terms of the councilmembers in office on July 1, 2004, the subsequent terms of the councilmembers shall be staggered. In order to stagger the terms, the initial terms of one-half of the councilmembers pursuant to paragraph (1) of subsection (d) of this Code section, one-half of the councilmembers pursuant to paragraph (2) of subsection (d) of this Code section, one-half of the councilmembers pursuant to paragraph (3) of subsection (d) of this Code section, and one-half of the councilmembers pursuant to paragraph (5) of subsection (d) of this Code section shall have initial terms of one year and the remaining members shall have initial terms of two years. Councilmembers may serve more than one term. The office of school councilmember shall be automatically vacated: (1) If a member shall resign; (2) If the person holding the office is removed as a member by an action of the council pursuant to this Code section; or (3) If a member no longer meets the qualifications specified in this Code section. An election within the electing body for a replacement to fill the remainder of an unexpired term shall be held within 30 days, unless there are 90 days or less remaining in the term in which case the vacancy shall remain unfilled. (f) All meetings of the school council shall be held at the school site open to the public. The council shall meet once a month, at least four times annually and the number of meetings shall be specified in the councils bylaws. The council shall also meet at the call of the chairperson, or at the request of a majority of the members of the council. Notice by mail shall be sent to school councilmembers at least seven days prior to a meeting of the council and shall include the date, time, and location of the meeting. School councils shall be subject to Chapter 14 of Title 50, relating to open and public

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meetings, in the same manner as local boards of education. Each member is authorized to exercise one vote. A quorum must be present in order to conduct official council business. Members of the council shall not receive remuneration to serve on the council or its committees. (g) After providing public notice at least two weeks before the meeting of each electing body, the principal of each school shall call a meeting of electing bodies during the month of May each year for the purpose of selecting members of the school council as required by this Code section. The electing body for the parent members shall consist of all parents and guardians eligible to serve as a parent member of the school council, and the electing body for the teacher members shall consist of all certificated personnel eligible to serve as a teacher member of the school council. The school council shall specify in its bylaws the month in which elections are to be held and shall specify a nomination and election process. (h) The school council shall adopt such bylaws as it deems appropriate to conduct the business of the council. The adoption of bylaws or changes thereto requires five a twothirds affirmative votes vote. The State Board of Education shall develop and make available model school council bylaws. (i) The school council shall have the same immunity as the local board of education in all matters directly related to the functions of the council.
(j)(1) The officers of the school council shall be a chairperson, vice chairperson, and secretary. Officers of the council, other than the chairperson, shall be appointed elected by resolution of the council at the first meeting of the council following the election of school councilmembers. The officers of the council shall hold office concurrently with for the term of members of the council specified in the councils bylaws. (2) The vice chairperson shall, in the absence or disability of the chairperson, perform the duties and exercise the powers of the chairperson and shall perform such other duties as shall from time to time be imposed upon him or her be required by the council. (3) The secretary shall attend all meetings, act as clerk of the council, and be responsible for recording all votes and minutes of all proceedings in the books to be kept for that purpose. The secretary shall give or cause to be given notice of all meetings of the council and shall perform such other duties as may be prescribed by the council or the chairperson, under whose supervision the secretary shall be. (k) The members of the school council are accountable to the constituents they serve and shall: (1) Maintain a school-wide perspective on issues; (2) Regularly participate in council meetings; (3) Participate in information and training programs; (4) Act as a link between the school council and the community; (5) Encourage the participation of parents and others within the school community; and (6) Work to improve student achievement and performance.

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(l) The minutes of the council shall be made available to the public, for inspection at the school office, and shall be provided to the councilmembers, each of whom shall receive a copy of such minutes within 20 days following each council meeting. All school councils shall be subject to Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, in the same manner as local boards of education. (m) At all meetings of the council every question shall be determined by a majority vote of members present, representing a quorum. (n) The term of office of all councilmembers shall begin on July 1 and end on June 30 the dates specified in the councils bylaws. (o) The council may appoint committees, study groups, or task forces for such purposes as it deems helpful and may utilize existing or new school advisory groups. (p) The local board of education shall provide all information not specifically made confidential by law, including school site budget and expenditure information and site average class sizes by grade, to the council as requested or as required by state law or state board rule. The local board shall also designate an employee of the school system to attend council meetings as requested by a school council for the purpose of responding to questions the council may have concerning information provided to it by the local board or actions taken by the local board. The central administration shall be responsive to requests for information from a school council. (q) The local board of education shall receive and consider all recommendations of the school council, including the annual report, and shall have the authority to overturn any decision of the school council as follows:
(1) Public notice shall be given to the community of the local boards intent to consider school council reports, or recommendations, appointments, or any other decision of a school council; (2) Written notice shall be given to the members of the school council at least seven days prior to such a local board meeting, along with a notice of intent to consider a council report, or recommendation, appointment, or any other decision of the council; and (3) The members of the school council shall be afforded an opportunity to present information in support of the school councils action; and report or recommendation. (4) A majority of the board members present, representing a quorum, vote to overturn the council decision. The local board of education shall respond to each recommendation recommendations of the school council within 60 days after being notified in writing of the recommendation. (r) The school principal shall have the following duties pertaining to school council activities: (1) Cause to be created a school council pursuant to this Code section by convening the appropriate bodies to select school councilmembers; setting the initial agenda, meeting time, and location; and notifying all school councilmembers of the same; (2) Serve as chairperson of the school council and perform Perform all of the duties required by law and the bylaws of the council;

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(3) Speak for and represent the council in all school council matters before the local board of education; (4) Communicate all council requests for information and assistance to the local school superintendent and inform the council of responses or actions of the local school superintendent; (5)(4) Develop the school improvement plan and school operation plan and submit the plans to the school council for its review, comments, recommendations, and approval; and (6)(5) Develop Aid in the development of the agenda for each meeting of the council after taking into consideration suggestions of councilmembers and the urgency of school matters. An item may be added to the agenda at the request of three or more councilmembers; and. (7) Provide to the council the initial and midterm allotment sheets for the school that are provided by the Department of Education pursuant to Article 6 of this chapter. (s) School councils are advisory bodies. The councils shall provide advice and recommendations to the school principal and, where appropriate, the local board of education and local school superintendent on any matter related to student achievement and school improvement, including, but not limited to, the following: (1) School calendar board policies; (2) School codes for conduct and dress improvement plans; (3) Curriculum, program goals, and priorities and assessments; (4) The responses of the school to Report cards issued or audits of the school as conducted by the Office of Education Accountability; (5) Preparation and distribution to the community Development of a school profile which shall contain data as identified by the council to describe the academic performance, academic progress, services, awards, interventions, environment, and other such data as the council deems appropriate; (6) In the case of a vacancy in the position of school principal, the recommendation of a school principal from a list of qualified applicants submitted by the local board of education and local school superintendent to the council; (7)(6) School budget priorities, including school capital improvement plans; (8)(7) School-community communication strategies; (9)(8) Methods of reporting to involving parents and communities other than through the school profile the community; (10)(9) Extracurricular activities in the school; (11)(10) School-based and community services; (12)(11) Community use of school facilities; (13)(12) Recommendations concerning school board policies Student discipline and attendance; (14)(13) Receiving and reviewing reports Reports from the school principal regarding progress toward the schools student achievement goals, including progress within specific grade levels and subject areas and by school personnel; and

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(15)(14) The method and specifications for the delivery of early intervention services or other appropriate services for underachieving students. (t) The role of the school council in the principal selection process shall be determined in policy written by the local board of education."
SECTION 2. Said title is further amended in Code Section 20-2-142, relating to prescribed courses, by striking subsection (a) and inserting in lieu thereof the following:
"(a)(1) All elementary and secondary schools which receive in any manner funds from the state shall provide the following course offerings in the manner and at the grade level prescribed by the State Board of Education in its quality core curriculum:
(A) A course of study in the background, history, and development of the federal and state governments. The course in the study of federal and state governments shall be supplemented in each high school by and a study of the local Georgia county and municipal governments; and (B) A course of study in the history of the United States and in the history of Georgia and in the essentials of the United States and Georgia Constitutions, including the study of American institutions and ideals. (2) No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the courses in history and government provided for by this subsection, except as provided in paragraph paragraphs (3) and (4) of this subsection. For students moving to Georgia and unable to take the course or courses available to fulfill these requirements in the grade level in which such course or courses are ordinarily offered, the State Board of Education may develop alternative methods, which may include but shall not be limited to an online course of study, for such students to learn about and demonstrate an adequate understanding of federal or Georgia history and government. (3) Disabled students who are otherwise eligible for a special education diploma pursuant to subsection (c) of Code Section 20-2-281 shall not be denied this diploma if they have not successfully completed either or both of these courses; provided, however, that their Individualized Education Programs have not specified that the disabled students must enroll in and successfully complete both of these courses. (4) The State Board of Education shall promulgate rules and regulations governing the required course of study in the history of Georgia and in the essentials of the Georgia Constitution for students who transfer from another state after having completed the year in which such course or courses are ordinarily offered. The State Board of Education is authorized to provide for exemptions to the required course of study for such students and for students whose parent or parents serve in the armed forces of the United States."
SECTION 3. Said title is further amended by striking Code Section 20-2-153, relating to early

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intervention programs, and inserting in its place a new Code Section 20-2-153 to read as follows:
"20-2-153. (a) The State Board of Education shall create and each local board of education shall provide an early intervention program to serve students in kindergarten through grade five. The kindergarten early intervention program shall serve students enrolled in kindergarten. The primary grades early intervention program shall serve students enrolled in grades one through three. The upper elementary grades early intervention program shall serve students in grades four through five. (b) The early intervention program shall serve students who are at risk of not reaching or maintaining academic grade level, including but not limited to students who are identified through the first grade readiness assessment required by Code Sections 20-2151 and 20-2-281 and students with identified academic performance below grade levels defined by the Office of Education Accountability Student Achievement in Code Section 20-14-31 for any criterion-referenced assessment administered in accordance with Code Section 20-2-281 for grades one through five. Local school systems shall devise a process for the identification of such students at the beginning of each school year and also during the school year as a continuous process of early identification and monitoring. School systems may use indicators such as but not limited to the students scores on previous assessments, the students classroom performance in the same or previous years, and other reliable indicators to identify such students. A student shall be assigned to the early intervention program as soon as is practicable after the student is identified as at risk or after the results of the first-grade readiness assessment, or the criterion-referenced assessment, or other indicators are known. The school shall provide timely notice and an opportunity for a conference with the student and his or her parents or guardians to discuss the students academic performance and the role of the early intervention program. (c) The State Board of Education shall describe by rules and regulations such additional services, resources, support, or strategies as may be provided by the local school system. The specifications for delivery of early intervention services shall be the responsibility of local boards of education except that the program rules and regulations adopted by the State Board of Education shall be followed in designing the program delivery models. Delivery models may include, but are not limited to, class augmentation, pull-out or self-contained classes, and the Reading Recovery Program delivered by certificated personnel. (d) The early intervention program shall be designed with the intent of helping the student to perform at expectations and exit the program in the shortest possible time. Students shall be moved into this program, provided assistance, and moved out of this program upon reaching grade level performance. It is not the intent of the General Assembly that students be assigned to this program on a continuing or permanent basis. In developing accountability standards for schools, the Office of Education Accountability shall consider the length of time that students spend in the early

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intervention program as one of the determinants of performing and nonperforming schools. (e) Funding for the early intervention program shall have a full-time equivalent teacher-student ratio of one teacher to 11 students. (f) Each local school system shall annually report the number of students served in the early intervention program as part of the full-time equivalent program count conducted pursuant to Code Section 20-2-160."
SECTION 4. Said title is further amended by striking Code Section 20-2-167.1, relating to the application of Code Section 20-2-167 for the 2003-2004 school year, and inserting in lieu thereof the following:
"20-2-167.1. (a) For the purposes of the 2003-2004 and 2004-2005 school year years only, the following changes to Code Section 20-2-167 shall apply:
(1) Except as otherwise provided in paragraph (2) of this subsection, for each program identified in Code Section 20-2-161, each local school system shall spend 100 percent of funds designated for direct instructional costs on the direct instructional costs of such program on one or more of the programs identified in Code Section 20-2-161 at the system level, with no requirement that the school system spend any specific portion of such funds at the site where such funds were earned.; (2) Direct instruction funds for the kindergarten early intervention program, the primary grades early intervention program, the upper elementary grades early intervention program, the remedial education program, and the alternative education program shall be expended on one or more of these programs at the system level, with no requirement that the school system spend any specific portion of such funds at the site where such funds were earned.; (3) Each local school system shall spend 100 percent of the funds designated for media center costs for such costs at the system level, and 100 percent of the funds designated for media materials for media materials at the system level.; (4) During the 2003-2004 school year, funds Funds allocated for staff development may be spent for any program approved under the 'Quality Basic Education Act.' During the 2004-2005 school year, each school system shall spend 90 percent of funds allocated for professional development for such costs at the system level; and (5) Each local school system shall report to the Department of Education its budgets and expenditures in accordance with this Code section with expenditures based in the preceding school year for each school site as a part of its report in October for the FTE count and on March 15. (b) Except as otherwise provided by subsection (a) of this Code section, Code Section 20-2-167 shall apply during the 2003-2004 and 2004-2005 school year years. (c) No penalty shall apply for failure to comply with expenditure controls set out in Code Section 20-2-167 that are contrary to this Code section, notwithstanding any law to the contrary, as long as the local school system complies with this Code section.

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(d) Nothing in this Code section shall be construed to repeal any other provision of Code Section 20-2-167 or this chapter, or to apply to any time period other than the two fiscal year years beginning July 1, 2003, and ending June 30, 2004 2005. (e) This Code section shall be automatically repealed July 1, 2004 2005."
SECTION 5. Said title is further amended in Code Section 20-2-182, relating to program weights, maximum class sizes, reporting requirements, and the 2003-2004 school year, by striking subsections (i) and (k) and inserting in lieu thereof the following:
"(i) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article and the middle school program provided for in Code Section 20-2-290 the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or greater than the teacher-student ratios used in the calculation of the program weights as set forth in subsection (b) of Code Section 20-2-161 but shall not exceed the funding class size by more than 20 percent, unless specifically authorized by the State Board of Education; provided, however, that in no case shall the 20 percent maximum be exceeded for mathematics, science, social studies, or English classes; provided, further, that the maximum class size for kindergarten and grades one through three shall not exceed 20 percent over the funding ratio except for art, music, or physical education classes; provided, further, that the maximum class size for special education, gifted, and English for speakers of other languages classes shall be set by the State Board of Education. For a period not to exceed four years, beginning with the 2000-2001 school year, local school systems shall be allowed to exceed the maximum class sizes set forth in this subsection in a manner consistent with State Board of Education rules. The State Board of Education shall lower the current maximum class sizes set by state board rules in effect for the 1999-2000 school year, beginning with the 2000-2001 school year, by a proportional amount each school year so that, beginning with the 2003-2004 school year, State Board of Education rules are in compliance with this subsection except as otherwise provided in subsection (k) of this Code section for the 2003-2004 and 20042005 school year years only. An aide may be used in programs to increase class size as allowed by State Board of Education rule, except that an aide shall not be used to increase the maximum class size in kindergarten or grades one through three, except as otherwise provided in subsection (k) of this Code section for the 2003-2004 and 20042005 school year years only. The maximum class size for the kindergarten and primary grades programs is defined as the number of students in a physical classroom. Maximum class sizes that result in a fractional full-time equivalent shall be rounded up to the nearest whole number as needed. The middle school program shall use the teacher-student ratio of the middle grades program for the purpose of this subsection. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said

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request. The state board shall not reduce class sizes without the authorization of the General Assembly if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems programs as determined by the local boards of education." "(k) For the 2003-2004 and 2004-2005 school year years, the maximum class sizes set by the State Board of Education for the 2002-2003 school year shall apply for grades four through 12. For the 2003-2004 and 2004-2005 school year years, the maximum class sizes set by the State Board of Education for the 2003-2004 school year shall apply to kindergarten and grades one through three, except that a kindergarten class may be increased to 20 students if a paraprofessional is present in addition to the certificated teacher. For the 2003-2004 and 2004-2005 school year years, compliance with maximum class size requirements shall be determined by the system average for kindergarten and for each grade and no class shall exceed the applicable maximum size by more than two students. Except as otherwise provided in this subsection, other provisions of this Code section shall apply. This subsection shall not be construed to repeal any other provision of this Code section or this chapter, or to apply to any period of time other than the two fiscal year years beginning July 1, 2003, and ending June 30, 2004 2005. This subsection shall be automatically repealed July 1, 2004 2005."
SECTION 6. Said title is further amended by inserting the following:
"20-2-244. (a) The State Board of Education is authorized to waive specifically identified state rules, regulations, policies, and procedures, or provisions of this chapter, upon the request of a local school board and in accordance with this Code section. The goal for each waiver shall be improvement of student performance. (b) The State Board of Education is not authorized to waive any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title. A school or school system that has received a waiver shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request. (c) The provisions of this Code section shall not apply to charter schools. (d) The board shall require a written application for a waiver that shall include, as a minimum:
(1) Identification of the specific state rules, regulations, policies, and procedures, or provisions of this chapter that are requested for waiver;

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(2) A description of the policies and procedures the school or school system shall substitute for the waived state rules, regulations, policies, and procedures, or provisions; (3) A description of how the proposed waiver will improve student performance; (4) A description of the students who will be affected by the proposed waiver, including their estimated number, current performance, grade level, and any common demographic traits; (5) A list of schools by name that will be affected by the proposed waiver, and a description of each school, including current performance, grade levels, and demographic traits of the students of each such school; (6) Methods for collection of data, and for measuring and evaluating any change in student performance resulting from the proposed waiver; (7) The period of time for which the proposed waiver is requested and the proposed starting date; and (8) A resolution from the local school board approving the waiver request. (e) The State Board of Education may grant or deny a waiver request, or grant a waiver request subject to specified modifications in the waiver request. (f) A waiver may be granted in accordance with this Code section for any period of time not to exceed five years. The State Board of Education shall require reports regarding the effect of the waiver at least annually, and may require more frequent reports if necessary to monitor the effect of the waiver effectively. The State Board of Education shall report annually to the General Assembly regarding the waivers granted, the effect of each waiver, and any recommendations for legislative changes generated by successful waivers."
SECTION 7. Said title is further amended by striking subsections (e) through (o) of Code Section 20-2281, relating to effectiveness assessment, and inserting in lieu thereof the following:
"(e) The State Board of Education is authorized to adopt rules, regulations, policies, and procedures regarding accommodations and the participation of limited-Englishproficient students, as defined in Code Section 20-2-156, in the assessments described in this Code section. (f) The State Board of Education shall adopt end-of-course assessments for students in grades nine through 12 for all core subjects to be determined by the state board. For those students with an Individualized Education Program, the students Individualized Education Program team shall determine appropriate participation in assessments and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act. (f)(g) Under rules adopted by the State Board of Education, the Department of Education shall, subject to appropriations by the General Assembly, release some or all of the questions and answers to each criterion-referenced competency test administered under subsection (a) of this Code section and each end-of-course assessment

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administered under subsection (e) of this Code section after the last time the instrument is administered for a school year. (g)(h) The State Board of Education, through the Department of Education, shall administer the end-of-course assessments for core subject areas as defined by state board policy. The state board shall promulgate a schedule for the development and administration of all end-of-course tests by December 1, 2000. (h)(i) The Department of Education shall develop study guides for the criterionreferenced tests and end-of-course assessments administered pursuant to subsections (a) and (e) (f) of this Code section. Each school system shall distribute the study guides to students who do not perform satisfactorily on one or more parts of an assessment instrument administered under this Code section and to the parents or guardians of such students.
(i)(j)(1) The high school graduation test provided for in subsection (a) of this Code section shall continue in effect until all high school core subject end-of-course assessments have been developed and implemented, at which time the state board shall discontinue the test according to a schedule to be determined by the state board. (2) The State Board of Education shall adopt rules regarding course exit requirements in regard to the implemented and regulations requiring the results of core subject endof-course assessments before discontinuing the high school graduation test to be included as a factor in a students final grade in the core subject course for which the end-of-course assessment is given. (3) Local boards of education shall have the option of allowing scores on end-ofcourse assessments to be counted as part of a students grade in the course. (j)(k)(1) In addition to the assessment instruments adopted by the State Board of Education and administered by the Department of Education, a local school system may adopt and administer criterion-referenced or norm-referenced assessment instruments, or both, at any grade level. Such locally adopted assessment instruments may not replace the states adopted assessment instruments for purposes of state accountability programs, except as otherwise provided in paragraph (2) of this subsection. A local school system shall be responsible for all costs and expenses incurred for locally adopted assessment instruments. Students with Individualized Education Programs must be included in the locally adopted assessments or provided an alternate assessment in accordance with the federal Individuals with Disabilities Education Act. (2) The State Board of Education shall have the authority to grant waivers until Fiscal Year 2003 to local boards of education exempting said boards from the administration of the state criterion-referenced competency tests at any or all of the subject areas and grade levels for which the local board of education implements a locally developed criterion-referenced competency test or tests based on the Quality Core Curriculum which increases the expectations for student achievement beyond that of the applicable state criterion-referenced competency test or tests and meets all other requirements of this Code section, including reliability and validity requirements, with the exception of subsection (f) (g) of this Code section. Local boards of education

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with such waivers shall submit to the State Board of Education school and local school system score reports of the locally developed criterion-referenced competency tests. (k)(l) In adopting academic skills assessment instruments under this Code section, the State Board of Education or local school system shall ensure the security of the instruments in their preparation, administration, and scoring. Notwithstanding any other provision of law, meetings or portions of meetings held by the state board or a local board of education at which individual assessment instruments or assessment instrument items are discussed or adopted shall not be open to the public, and the assessment instruments or assessment instrument items shall be confidential. (l)(m) The results of individual student performance on academic skills assessment instruments administered under this Code section shall be confidential and may be released only in accordance with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g. (m)(n) Overall student performance data shall be disaggregated by ethnicity, sex, socioeconomic status, disability, language proficiency, grade level, subject area, school, and system, and other categories determined by policies established by the Office of Student Achievement. (n)(o) Student performance data shall be made available to the public, with appropriate interpretations, by the State Board of Education, the Office of Education Accountability Student Achievement, and local school system. The information made available to the public shall not contain the names of individual students or teachers. (o)(p) Teachers in grades one through 12 shall be offered the opportunity to participate annually in a staff development program on the use of tests within the instructional program designed to improve students academic achievement. This program shall instruct teachers on curriculum alignment related to tests, disaggregated student test data to identify student academic weaknesses by subtests, and other appropriate applications as determined by the State Board of Education."
SECTION 7A. Said title is further amended by inserting a new Code Section 20-2-285.1 to read as follows:
"20-2-285.1. (a) This Code section will apply to students tested with the third grade criterionreferenced reading assessment in the 2003-2004 school year only. (b) All provisions of Code Sections 20-2-283, 20-2-284, and 20-2-285 shall apply. Local school systems are authorized to place students that fail the third grade criterionreferenced reading assessment in a transition class, provide extended third grade EIP for such students, or to use both a transition class and exstended third grade EIP for such students, in addition to other methods of instruction. In addition, the State Board of Education shall contract with one or more faculty members or associates of the Georgia State University Andrew Young School of Public Policy or other independent experts having similar qualifications for the performance of a study of all third grade

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students who fail the first criterion-referenced reading assessment in the 2003-2004 school year. Such study shall compile data for each such student, including but not limited to: identification of the students school and school system; information regarding the type, frequency, and provider of the accelerated, differentiated, or additional instruction provided to the student, disaggregated by the time period before and the time period after the second assessment; information regarding the funding source for such instruction and an explanation if such instruction is not received by the student; information regarding the assessment instrument used to retest the student, the date of the second assessment, and the students performance on such second assessment; information as to whether the student was promoted or retained; information regarding the students performance on the criterion-referenced reading assessment in the 2004-2005 school year, and information relating to the student relative to the categories for disaggregation authorized or adopted in accordance with this chapter. The department shall supply aggregate data to the Governor and members of the Senate Education Committee and House Committee on Education on the number of students who failed the first assessment within 30 days after the department receives the test scores and aggregate data on the number of students failing the second assessment 45 days thereafter. The completed study and any part of the study provided to any person not employed by the Department of Education or a local school system shall not reveal the identity of any student. The persons conducting the study shall regard all data identifying individual students as confidential and shall guard the privacy of all students. No person shall reveal information relating to an individual student that identifies such student to anyone except employees of the department or the local school system attended by the student, the student, or the students parent or guardian. The study shall be provided to the Governor and the members of the Senate Education Committee and House Committee on Education as soon as feasible, and the compilation of data on the students performance on the reading assessment in the 2004-2005 school year may be provided separately. The completed study shall be subject to the provisions of Article 4 of Chapter 18 of Title 50 relating to the inspecting of public records."
SECTION 7B. Said title is further amended in Code Section 20-2-290, relating to organization of schools, by striking subsections (b), (c), and (d) and inserting in lieu thereof the following:
"(b) Beginning with the 2001-2002 school year, Except as otherwise provided in subsection (c) of this Code section, local boards of education shall schedule each middle school so as to provide the following:
(1) A minimum of five hours of instruction in English and language arts, reading, mathematics, science, social studies, and such other academic subjects as the State Board of Education shall prescribe. For students not performing on grade level, as defined by the Office of Education Accountability, the minimum of five hours shall include such remedial academic instruction in English and language arts, reading,

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mathematics, science, or social studies as required to bring such students to grade level performance with the priority for such remediation being placed on reading and mathematics or as otherwise determined by the students team of academic teachers; provided that, in making such a determination the team shall consider the students performance on the criterion-referenced assessments authorized in Code Section 20-2181; (2) Beyond the minimum of five hours of academic instruction, the local board shall have the authority to schedule for the remainder of the day such academic or exploratory classes as the State Board of Education shall prescribe; provided, however, that a student shall be allowed to take additional academic classes instead of exploratory classes if the parent or guardian of such a student requests such assignment, subject to availability; and (3) An interdisciplinary team of academic teachers with common planning time of a minimum of 55 minutes. (c) Local schools may apply to the state board for an exception to the schedule set out in subsection (b) of this Code section in order to schedule a minimum of 4.5 hours of academic instruction. If the local school has achieved an acceptable rating for the preceding year, the state board shall grant the application for an exception. (d) Local school systems shall comply with subsection (b) or subsection (c) of this Code section in order to qualify for the middle school program. (d) (e) If a local school system has a combination of qualified and nonqualified schools, it shall qualify for the middle school program only for those students counted in the full-time equivalent count for the middle school program in qualified middle schools."
SECTION 8. Said title is further amended by striking subsections (a) and (c) of Code Section 20-2320, relating to the state-wide comprehensive educational information network, and inserting in lieu thereof the following:
"(a) The Governor shall appoint a steering committee, which shall be named the Education Information Steering Committee, composed of representatives from the Department of Education, the Department of Technical and Adult Education, the Board of Regents of the University System of Georgia, the office of the Governor, the Office of Planning and Budget, the Department of Audits and Accounts, the Georgia Technology Authority, the Office of School Readiness, the Professional Standards Commission, the Office of Education Accountability Student Achievement, the State Data and Research Center at the Georgia Institute of Technology, the Georgia Public Telecommunications Commission, the Legislative Budget Office, and local school systems. The steering committee shall identify the data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the components of public education in Georgia. The steering committee shall identify data that shall be required from local units of administration, public libraries, public colleges and universities through the Board of Regents of the University System of Georgia, pre-kindergarten programs, the

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Professional Standards Commission, and postsecondary technical colleges and schools for the implementation of this article. Further, the steering committee shall develop a design for a state-wide comprehensive educational information system which will provide for the accurate, seamless, and timely flow of information from local and regional education agencies, units of the University System of Georgia, and technical schools and colleges to the state. The design shall include hardware, software, data, collection methods and times, training, maintenance, communications, security of data, and installation specifications and any other relevant specifications needed for the successful implementation of this system. No student shall be identifiable by name in that portion of the pre-kindergarten through grade 12 record stored at the state level, and any identification number shall be encoded to prevent unauthorized use of a students information; provided, however, that full-time equivalent student data collected pursuant to Code Section 20-2-160 shall be identifiable for audit purposes in separate files. The state-wide comprehensive educational information system shall not use a students social security number or an employees social security number in violation of state or federal law to identify a student or employee. The steering committee shall present such recommendations to the Education Coordinating Council. Upon approval of the boards of the respective education agencies, the steering committee shall issue appropriate requests for proposals to implement a state-wide comprehensive educational information system, subject to appropriation by the General Assembly. The State Data and Research Center, at the direction of the Education Coordinating Council and working through the steering committee, shall initiate contracts with appropriate vendors and local units of administration for the procurement of services, purchase of hardware and software, and for any other purpose as directed by the Education Coordinating Council, consistent with appropriation by the General Assembly." "(c) For the purpose of this article, authorized educational agencies shall be the Department of Education; the Office of School Readiness; the Board of Regents of the University System of Georgia; the Department of Technical and Adult Education; the Education Coordinating Council; the Professional Standards Commission; the State Data and Research Center and units under contract to the State Data and Research Center; the Office of Education Accountability Student Achievement; the education policy and research components of the office of the Governor; the Office of Planning and Budget; the Legislative Budget Office; the House Research Office; and the Senate Research Office. Any information collected over the state-wide comprehensive educational information system, including individual student records and individual personnel records, shall be accessible by authorized educational agencies, provided that any information which is planned for collection over the system but which is temporarily being collected by other means shall also be accessible by authorized educational agencies and provided, further, that adequate security provisions are employed to protect the privacy of individuals. All data maintained for this system shall be used for educational purposes only. In no case shall information be released by an authorized educational agency which would violate the privacy rights of any individual

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student or employee. Information released by an authorized educational agency in violation of the privacy rights of any individual student or employee shall subject the authorized educational agency to all penalties under applicable state and federal law. Any information collected over the state-wide comprehensive educational information system which is not stored in an individual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations, Education, and Higher Education committees, except information otherwise prohibited by statute. Data which are included in an individual student record or individual personnel record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees of the General Assembly, and agencies other than authorized educational agencies."
SECTION 9. Said title is further amended by inserting a new Code section to be designated Code Section 20-2-323 to read as follows:
"20-2-323. By January 1, 2005, each local board of education shall establish written policies allowing or prohibiting unstructured break time for students in kindergarten and grades one through eight. If the policies allow one or more breaks, the policies shall include but shall not be limited to the following matters:
(1) The school personnel who will be authorized to decide the length, frequency, timing, and location of breaks; (2) Whether breaks can be withheld from students for disciplinary or academic reasons and, if breaks can be withheld, under what conditions; (3) How to ensure break time is a safe experience for students, including the responsibility for supervision of students; and (4) How to ensure that break time is scheduled so as to provide a support for academic learning. Local boards shall provide a copy of such policies to the State Board of Education."
SECTION 10. Said title is further amended by striking subsection (b) of Code Section 20-2-690.1, relating to mandatory education for children, and inserting in lieu thereof the following:
"(b) Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who shall violate this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed not less than $25.00 and not greater than $100.00, or imprisonment not to exceed 30 days, community service, or both any combination of such penalties, at the discretion of the court having jurisdiction. Each days absence from school in violation of this part after the childs school system notifies the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence for a child shall constitute a separate offense. After two reasonable attempts to notify the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence without

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response, the school system shall send a notice to such parent, guardian, or other person by certified mail, return receipt requested. Public schools shall provide to the parent, guardian, or other person having control or charge of each child enrolled in public school a written summary of possible consequences and penalties for failing to comply with compulsory attendance under this Code section for children and their parents, guardians, or other persons having control or charge of children. The parent, guardian, or other person who has control or charge of a child or children shall sign a statement indicating receipt of such written statement of possible consequences and penalties; children who are age ten years or older by September 1 shall sign a statement indicating receipt of such written statement of possible consequences and penalties. After two reasonable attempts by the school to secure such signature or signatures, the school shall be considered to be in compliance with this subsection if it sends a copy of the statement, via certified mail, return receipt requested, to such parent, guardian, other person who has control or charge of a child, or child. Public schools shall retain signed copies of statements through the end of the school year."
SECTION 11. Said title is further amended by inserting a new Code section to be designated Code Section 20-2-690.2 to read as follows:
"20-2-690.2. (a) The chief judge of the superior court of each county shall establish a student attendance protocol committee for its county. The purpose of the committee shall be to ensure coordination and cooperation among officials, agencies, and programs involved in compulsory attendance issues, to reduce the number of unexcused absences from school, and to increase the percentage of students present to take tests which are required to be administered under the laws of this state. The chief judge is responsible for ensuring that all members of the committee are notified of their responsibility to the committee and shall call the first meeting of the committee in each county. The committee shall elect a chairperson and may elect other officers. (b) Each local board of education shall participate in, consider, and make publicly available, including but not limited to posting in a conspicuous location, its decision regarding the recommendations of the committee as provided in this Code section. Independent school systems may participate in the committee in the county where the system is located. Independent school systems whose geographic area encompasses more than one county may select one of such counties in which to participate. An independent school system that elects not to participate in the committee of the county where it is located shall request that the chief judge of the superior court of a county encompassed by its geographic area to establish an independent student attendance protocol committee in the same manner as established for the county school system. (c) Each of the following agencies, officials, or programs shall designate a representative to serve on the committee:
(1) The chief judge of the superior court; (2) The juvenile court judge or judges of the county;

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(3) The district attorney for the county; (4) The solicitor-general of state court, if the county has a state court; (5) The Department of Juvenile Justice, which may include representatives from area youth detention centers or regional youth detention centers; (6) The superintendent, a certificated school employee, and a local school board member from each public school system in the county and a certificated school social worker from each public school system, if any are employed by the school system; (7) The sheriff of the county; (8) The chief of police of the county police department; (9) The chief of police of each municipal police department in the county; (10) The county department of family and children services; (11) The county board of health; (12) The county mental health organization; (13) The county Family Connection commission, board, or authority, or other county agency, board, authority, or commission having the duty and authority to study problems of families, children, and youth and provide services to families, children, and youth; and (14) The court approved community based risk reduction program established by the juvenile court in accordance with Code Section 15-11-10, if such a program has been established. (d) The committee thus established may appoint such additional members as necessary and proper to accomplish the purposes of the committee. (e) Each committee shall, by June 1, 2005, adopt a written student attendance protocol for its county school system and for each independent school system within its geographic boundaries which shall be filed with the Department of Education. The protocol shall outline in detail the procedures to be used in identifying, reporting, investigating, and prosecuting cases of alleged violations of Code Section 20-2-690.1, relating to mandatory school attendance. The protocol shall outline in detail methods for determining the causes of failing to comply with compulsory attendance and appropriately addressing the issue with children and their parents or guardians. The protocol shall also include recommendations for policies relating to tardiness. The Department of Education shall provide model school attendance protocols, if requested by the committee. (f) A copy of the protocol shall be furnished to each agency, official, or program within the county that has any responsibility in assisting children and their parents or guardians in complying with Code Section 20-2-690.1. (g) The committee shall write the summary of possible consequences and penalties for failing to comply with compulsory attendance under Code Section 20-2-690.1 for children and their parents, guardians, or other persons who have control or charge of children for distribution by schools in accordance with Code Section 20-2-690.1. The summary of possible consequences for children shall include possible dispositions for unruly children and possible denial or suspension of a drivers license for a child in accordance with Code Section 40-5-22.

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(h) The committee shall continue in existence after writing the student attendance protocol. The chief judge of the superior court of each county shall ensure that the committee meets at least quarterly during the first year, and twice annually thereafter, to evaluate compliance with the protocol, effectiveness of the protocol, and appropriate modifications. (i) Each local board of education shall report student attendance rates to the committee and the State Board of Education at the end of each school year, according to a schedule established by the State Board of Education."
SECTION 11A. Said title is further amended in Code Section 20-2-697, relating to cooperation of principals and teachers in public schools with visiting teachers and attendance officers and attendance reports and records kept by public schools, by inserting a new subsection (a.1) to read as follows:
"(a.1) Any student shall have the right to request and receive, within three business days from the date of such request, a letter from his or her school administrator indicating that the student is enrolled full-time and has an attendance record in good standing for the current academic year."
SECTION 11B. Said chapter is further amended by striking Code Section 20-2-701, relating to local school superintendents or visiting teachers and attendance officers reporting truants to juvenile or other courts, and inserting in lieu thereof the following:
"20-2-701. (a) Local school superintendents as applied to private schools and home study programs or visiting teachers and attendance officers as applied to public schools, after written notice to the parent or guardian of a child, shall report to the juvenile or other court having jurisdiction under Chapter 11 of Title 15 any child who is absent from a public or private school or a home study program in violation of this subpart. If the judge of the court places such child in a home or in a public or private institution pursuant to Chapter 11 of Title 15, school shall be provided for such child. (b) Local school superintendents or visiting teachers and attendance officers shall use their best efforts to notify any child 14 years of age or older who has only three absences remaining prior to violating the attendance requirements contained in subsection (a.1) of Code Section 40-5-22. Such notification shall be made via firstclass mail. (c) Local school superintendents or visiting teachers and attendance officers shall report to the State Board of Education, which shall, in turn, report to the Department of Motor Vehicle Safety any child 14 years of age or older who does not meet the attendance requirements contained in subsection (a.1) of Code Section 40-5-22. Such report shall include the childs name, current address, and social security number, if known.

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(d) Subsections (b) and (c) of this Code section shall not be effective until full implementation of the state-wide education information system."
SECTION 11C. Said chapter is further amended by striking Code Section 20-2-720, relating to inspection of students records by parents, and inserting in lieu thereof the following:
"20-2-720. No local school system, whether county, independent, or area, shall have a policy of denying, or which effectively prevents, the parents of students who are in attendance at or who have been enrolled in any facility within such system the right to inspect and review the education records of their children child. A parent shall be entitled to inspect and review only information relating to his or her own child and if any material or document in a childs record includes information on another student, such information regarding any other student shall not be made available for inspection or review except to the parents of that student. Both parents of a child shall be entitled to inspect and review the educational education records of their child or to be provided information concerning their childs progress. Information concerning a childs education record shall not be withheld from the noncustodial parent unless a court order has specifically removed the right of the noncustodial parent to such information or unless parental rights have been terminated. For purposes of this Code section, 'education records' shall include attendance reports and records."
SECTION 12. Said title is further amended by striking subsection (b) of Code Section 20-2-738, relating to authority of teacher over classroom, procedures following removal of student from classroom, and placement review committees, and inserting in lieu thereof the following:
"(b) On and after July 1, 2000, a A teacher shall have the authority to remove from his or her class a student who repeatedly or substantially interferes with the teachers ability to communicate effectively with the students in the class or with the ability of the students classmates to learn, where the students behavior is in violation of the student code of conduct, provided that the teacher has previously filed a report pursuant to Code Section 20-2-737 or determines that such behavior of the student poses an immediate threat to the safety of the students classmates or the teacher. Each school principal shall fully support the authority of every teacher in his or her school to remove a student from the classroom under this Code section. Each school principal shall implement the policies and procedures of the superintendent and local board of education relating to the authority of every teacher to remove a student from the classroom and shall disseminate such policies and procedures to faculty, staff, and parents or guardians of students. The teacher shall file with the principal or the principals designee a report describing the students behavior, in one page or less, by the end of the school day on which such removal occurs or at the beginning of the next school day. The principal or the principals designee shall, within one school day after the students removal from class, send to the students parents or guardians written

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notification that the student was removed from class, a copy of the report filed by the teacher, and information regarding how the students parents or guardians may contact the principal or the principals designee."
SECTION 13. Said title is further amended by striking Code Section 20-2-751.2, relating to students subject to disciplinary orders of other school systems, and inserting in lieu thereof the following:
"20-2-751.2. (a) As used in this Code section, the term 'disciplinary order' means any order of a local school system in this state, a private school in this state, or a public school outside of this state which imposes short-term suspension, long-term suspension, or expulsion upon a student in such system or school. (b) A local board of education which has a student who attempts to enroll or who is enrolled in any school in its school system during the time in which that student is subject to a disciplinary order of any other school system is authorized to refuse to enroll or subject that student to short-term suspension, long-term suspension, or expulsion for any time remaining in that other school systems or schools disciplinary order upon receiving a certified copy of such order if the offense which led to such suspension or expulsion in the other school system or school was an offense for which suspension or expulsion could be imposed in the enrolling school. (c) A local school system or school may request of another school system or school whether any disciplinary order has been imposed by the other school system or school upon a student who is seeking to enroll or is enrolled in the requesting system or school. If such an order has been imposed and is still in effect for such student, the requested school system or private school in this state shall so inform the requesting system or school and shall provide a certified copy of the order to the requesting system or school. (d) If any school administrator determines from the information obtained pursuant to this Code section or from Code Section 15-11-28 or 15-11-80 that a student has been convicted of or has been adjudicated to have committed an offense which is a designated felony act under Code Section 15-11-63, such administrator shall so inform all teachers to whom the student is assigned and other school personnel to whom the student is assigned. Such teachers and other certificated professional personnel as the administrator deems appropriate may review the information in the students file provided pursuant to this Code section that has been received from other schools or from the juvenile courts or superior courts. Such information shall be kept confidential."
SECTION 14. Said title is further amended by striking Code Section 20-2-751.5, relating to student codes of conduct, and inserting in lieu thereof the following:

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"20-2-751.5. (a) Each student code of conduct shall contain provisions that address the following conduct of students during school hours, and at school related functions, and on the school bus, in a manner that is appropriate to the age of the student:
(1) Verbal assault, including threatened violence, of teachers, administrators, and other school personnel; (2) Physical assault or battery of teachers, administrators, and other school personnel; (3) Disrespectful conduct toward teachers, administrators, and other school personnel, including use of vulgar or profane language; (4) Verbal assault of other students, including threatened violence or sexual harassment as defined pursuant to Title IX of the Education Amendments of 1972; (5) Physical assault or battery of other students, including sexual harassment as defined pursuant to Title IX of the Education Amendments of 1972; (6) Disrespectful conduct toward other students, including use of vulgar or profane language; and (7) Verbal assault of, physical assault or battery of, and disrespectful conduct, including use of vulgar or profane language, toward persons attending school related functions.; (8) Failure to comply with compulsory attendance as required under Code Section 20-2-690.1; (9) Willful or malicious damage to real or personal property of the school or to personal property of any person legitimately at the school; (10) Inciting, advising, or counseling of others to engage in prohibited acts; (11) Marking, defacing, or destroying school property; (12) Possession of a weapon, as provided for in Code Section 16-11-127.1; (13) Unlawful use or possession of illegal drugs or alcohol; (14) Willful and persistent violation of the student code of conduct; (15) Bullying as defined by Code Section 20-2-751.4; and (16) Marking, defacing, or destroying the property of another student. With regard to paragraphs (9) and (11) of this subsection, each student code of conduct shall also contain provisions that address conduct of students during off-school hours. (b)(1) In addition to the requirements contained in subsection (a) of this Code section, each Each student code of conduct shall include comprehensive and specific provisions prescribing and governing student conduct and safety rules on all public school buses. The specific provisions shall include but not be limited to:
(A) Students shall be prohibited from acts of physical violence as defined by Code Section 20-2-751.6, bullying as defined by subsection (a) of Code Section 20-2751.4, physical assault or battery of other persons on the school bus, verbal assault of other persons on the school bus, disrespectful conduct toward the school bus driver or other persons on the school bus, and other unruly behavior; (B) Students shall be prohibited from using any electronic devices during the operation of a school bus, including but not limited to cell phones; pagers; audible radios, tape or compact disc players without headphones; or any other electronic

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device in a manner that might interfere with the school bus communications equipment or the school bus drivers operation of the school bus; and (C) Students shall be prohibited from using mirrors, lasers, flash cameras, or any other lights or reflective devises in a manner that might interfere with the school bus drivers operation of the school bus. (2) If a student is found to have engaged in physical acts of violence as defined by Code Section 20-2-751.6, the student shall be subject to the penalties set forth in such Code section. If a student is found to have engaged in bullying as defined by subsection (a) of Code Section 20-2-751.4 or in physical assault or battery of another person on the school bus, the local school board policy shall require a meeting of the parent or guardian of the student and appropriate school district officials to form a school bus behavior contract for the student. Such contract shall provide for progressive age-appropriate discipline, penalties, and restrictions for student misconduct on the bus. Contract provisions may include but shall not be not limited to assigned seating, ongoing parental involvement, and suspension from riding the bus. This subsection is not to be construed to limit the instances when a school code of conduct or local board of education may require use of a student bus behavior contract. (3) No later than August 15, 2002, each local board of education shall send to the State Board of Education a copy of the provisions of its student code of conduct that address the items identified in paragraphs (1) and (2) of this subsection. The state board shall review such provisions to ensure that each of the items identified in paragraphs (1) and (2) of this subsection is addressed and shall notify a local board of education, no later than October 15, 2002, of any items which are not addressed in its submission to the state board. Nothing in this subsection shall be construed as authorizing or requiring the state board to review or approve the substance of the student code of conduct. (c) Each student code of conduct shall also contain provisions that address any offcampus behavior of a student which could result in the student being criminally charged with a felony and which makes the students continued presence at school a potential danger to persons or property at the school or which disrupts the educational process. (d) Local board policies relating to student codes of conduct shall provide that each local school superintendent shall fully support the authority of principals and teachers in the school system to remove a student from the classroom pursuant to Code Section 20-2-738, including establishing and disseminating procedures. It is the policy of this state that it is preferable to reassign disruptive students to alternative educational settings rather than to suspend or expel such students from school. (c)(e) Any student handbook which is prepared by a local board or school shall include a copy or summary of the student code of conduct for that school or be accompanied by a copy of the student code of conduct for that school. If a student handbook contains a summary of the student code of conduct, then a full copy of the student code of conduct shall be made available for review at the school. When distributing a student code of conduct, a local school shall include a form on which the students parent or guardian

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may acknowledge his or her receipt of the code, and the local school shall request that the form be signed and returned to the school."
SECTION 15. Said title is further amended by striking Code Section 20-2-751.6, relating to suspension policy for students committing acts of physical violence resulting in injury to teachers, and inserting in lieu thereof the following:
"20-2-751.6. (a) As used in this Code section, the term 'physical violence' means:
(1) Intentionally making physical contact of an insulting or provoking nature with the person of another; or (2) Intentionally making physical contact which causes physical harm to another unless such physical contacts or physical harms were in defense of himself or herself, as provided in Code Section 16-3-21. (b) Local board of education policies and student codes of conduct shall provide for the penalties to be assessed against a student found by a disciplinary hearing officer, panel, or tribunal pursuant to Code Section 20-2-752 to have committed any act of physical violence against a teacher, school bus driver, or other school official or employee. The local board shall appoint a Such disciplinary hearing officer, panel, or tribunal to shall hold a any disciplinary hearing pursuant to in accordance with the provisions of Code Section 20-2-754 regarding the alleged act of physical violence and penalty. Any student alleged to have committed an act of physical violence shall be suspended pending the hearing by the disciplinary hearing officer, panel, or tribunal. The tribunal shall be composed of three teachers or certificated education personnel, appointed by the local school board. The decision of the disciplinary hearing officer, panel, or tribunal shall determine all issues of fact and intent and shall submit its findings and recommendations may be appealed to the local school board pursuant to Code Section 20-2-754 for imposition of punishment in accordance with this Code section. If appropriate under paragraph (1) of subsection (c) of this Code section, the tribunals recommendations decision of the disciplinary hearing officer, panel, or tribunal shall include a recommendation as to whether a student may return to public school and, if return is recommended, a recommended time for the students return to public school. The local school board may follow the recommendations of the tribunal or impose penalties not recommended by the disciplinary hearing officer, panel, or tribunal. (c)(1) A student found by a disciplinary hearing officer, panel, or tribunal to have committed an act of physical violence as defined in paragraph (2) of subsection (a) of this Code section against a teacher, school bus driver, school official, or school employee shall be expelled from the public school system. The expulsion shall be for the remainder of the students eligibility to attend public school pursuant to Code Section 20-2-150. The local school board at its discretion may permit the student to attend an alternative education program for the period of the students expulsion. If the student who commits an act of physical violence is in kindergarten through grade eight, then the local school board at its discretion and on the recommendation of the

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disciplinary hearing officer, panel, or tribunal may permit such a student to reenroll in the regular public school program for grades nine through 12. If the local school board does not operate an alternative education program for students in kindergarten through grade six, the local school board at its discretion may permit a student in kindergarten through grade six who has committed an act of physical violence as defined in paragraph (2) of subsection (a) of this Code section to reenroll in the public school system; (2) Any student who is found by a disciplinary hearing officer, panel, or tribunal to have committed an act of physical violence against a teacher, school bus driver, school official, or school employee as defined in paragraph (2) of subsection (a) of this Code section shall be referred to juvenile court with a request for a petition alleging delinquent behavior; and (3) Any student who is found by a disciplinary hearing officer, panel, or tribunal to have committed an act of physical violence as defined in paragraph (1) of subsection (a) of this Code section against a teacher, school bus driver, school official, or school employee may be disciplined by expulsion, long-term suspension, or short-term suspension. (d) The provisions of this Code section shall apply with respect to any local school system which receives state funding pursuant to Code Sections 20-2-161 and 20-2-260. (e) Nothing in this Code section shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990."
SECTION 16. Said title is further amended by striking Code Section 20-2-753, relating to disciplinary hearings held by a disciplinary hearing officer, panel, or tribunal, and inserting in lieu thereof the following:
"20-2-753. (a) In addition to any proceedings which are authorized in Code Section 20-2-752, local boards of education shall appoint a disciplinary hearing officer, panel, or tribunal of school officials to hold a disciplinary hearing following any instance of an alleged violation of the student code of conduct where the principal recommends a suspension or expulsion of longer than ten school days or an alleged assault or battery by a student upon any teacher or other school official or employee, if such teacher or other school official or employee so requests.:
(1) An alleged assault or battery by a student upon any teacher, other school official, or employee; (2) An alleged assault or battery by a student upon another student, if, in the discretion of the school principal, the alleged assault or battery could justify the expulsion or long-term suspension of the student; or (3) Substantial damage alleged to be intentionally caused by a student on school premises to personal property belonging to a teacher, other school official, employee,

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or student, if, in the discretion of the school principal, the alleged damage could justify the expulsion or long-term suspension of the student. (b) The board of education shall by appropriate rule, regulation, or resolution require that when any instance specified in subsection (a) of this Code section occurs, the teacher, other school official, employee, or student who is subjected to the assault, battery, or damage shall file a complaint with the school administration and with the local board of education. (b) Nothing in this Code section shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990."
SECTION 17. Said title is further amended by striking subsections (b) and (c) of Code Section 20-2754, relating to procedures to be followed by disciplinary hearing officers, panels, or tribunals, and inserting in lieu thereof the following:
"(b) A disciplinary officer, panel, or tribunal of school officials appointed as required by Code Section 20-2-753 shall, in addition to any other requirements imposed by rules and regulations which may have been promulgated pursuant to Code Section 20-2-752, ensure that:
(1) All parties are afforded an opportunity for a hearing after reasonable notice served personally or by mail. This notice shall be given to all parties and to the parent or guardian of the student or students involved and shall include a statement of the time, place, and nature of the hearing; a short and plain statement of the matters asserted; and a statement as to the right of all parties to present evidence and to be represented by legal counsel; (2) The hearing is held no later than ten school days after the beginning of the suspension unless the school system and parents or guardians mutually agree to an extension; (2)(3) All parties are afforded an opportunity to present and respond to evidence and to examine and cross-examine witnesses on all issues unresolved; and (4) Any teacher who is called as a witness by the school system shall be given notice no later than three days prior to the hearing; and (3)(5) A verbatim electronic or written record of the hearing shall be made and shall be available to all parties. (c) If appointed to review an instance specified in pursuant to Code Section 20-2-753, the disciplinary officer, panel, or tribunal shall conduct the hearing and, after receiving all evidence, render its decision, which decision shall be based solely on the evidence received at the hearing. The decision shall be in writing and shall be given to all parties within ten days of the close of the record. Any decision by such disciplinary officer, panel, or tribunal may be appealed to the local board of education by filing a written notice of appeal within 20 days from the date the decision is rendered. Any disciplinary

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action imposed by such officer, panel, or tribunal may be suspended by the school superintendent pending the outcome of the appeal."
SECTION 18. Said title is further amended by striking Code Section 20-2-759, relating to children in kindergarten through grade five, and inserting in lieu thereof the following:
"20-2-759. (a) Except as otherwise expressly provided in this subpart, this subpart shall not apply to children in kindergarten through elementary grade five. (b) The local school superintendent shall determine the disciplinary actions or proceedings for children exempt from this subpart under subsection (a) of this Code section Reserved."
SECTION 19. Said title is further amended by striking Code Section 20-2-2061, relating to legislative intent regarding charter schools, and inserting in its place a new Code Section 20-2-2061 to read as follows:
"20-2-2061. It is the intent of the General Assembly to provide a means whereby a petitioner may seek a performance based contract called a charter, which ties improved performance to the waiver of specifically identified state and local rules, regulations, policies, procedures, and identified provisions of this title other than the provisions of this article. In addition to specifically identified provisions of this title, a charter school shall be exempt from provisions listed in Code Section 20-2-2063.1."
SECTION 19A. Said title is further amended by inserting a new Code Section 20-2-2063.1 to read as follows:
"20-2-2063.1. In addition to specifically identified state and local rules, regulations, policies, procedures, and provisions of Title 20, each charter school shall be exempt from Articles 1, 2, 3, 4A, 5, 7, 8, 9, 10, 11, 14, 20, and 22 of Chapter 2 of Title 20 unless otherwise specified in the charter petition. Each charter school shall also be exempt from those state and local rules, regulations, policies, and procedures that do not relate to the operation of a local school."
SECTION 19B. Said title is further amended by striking subsections (a) and (b) of Code Section 20-22064, relating to approval or denial of a charter petition, and inserting in lieu thereof the following:
"(a) A charter petitioner seeking to create a conversion charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a

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petition no later than 60 days after its submission unless the petitioner requests an extension; provided, however, that a denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial; and provided, further, that the local board shall not act upon a petition for a conversion charter school until such petition:
(1) Has been freely agreed to, by secret ballot, by a majority of the faculty and instructional staff members of the petitioning local school at a public meeting called with two weeks advance notice for the purpose of deciding whether to submit the petition to the local board for its approval; and (2) Has been freely agreed to, by secret ballot, by a majority of parents or guardians of students enrolled in the petitioning local school present at a public meeting called with two weeks advance notice for the purpose of deciding whether to submit the petition to the local board for its approval. (b) A charter petitioner seeking to create a start-up charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension. A denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial."
SECTION 19C. Said title is further amended by inserting a new Code Section 20-2-2068.2 to read as follows:
"20-2-2068.2. (a) From moneys specifically appropriated for such purpose, the state board shall create a facilities fund for local charter schools and state chartered special schools for the purpose of establishing a per pupil, need based facilities aid program. (b) A charter school may receive moneys from the facilities fund if the charter school has received final approval from the local board or from the state board for operation during that fiscal year. (c) A charter schools governing body may use moneys from the facilities fund for the following purposes:
(1) Purchase of real property; (2) Construction of school facilities; (3) Purchase, lease-purchase, or lease of permanent or relocatable school facilities; (4) Purchase of vehicles to transport students to and from the charter school; and (5) Renovation, repair, and maintenance of school facilities that the charter school owns or is purchasing through a lease-purchase or long-term lease of five years or longer. (d) The Department of Education shall specify procedures for submitting and approving requests for funding under this Code section and for documenting expenditures.

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(e) Local boards are required to renovate, repair, and maintain the school facilities of charter schools in the district to the same extent as other public schools in the district if the local board owns the charter school facility.
(f)(1) Prior to releasing moneys from the facilities fund, the Department of Education shall ensure that the governing board of the local charter school and the local board shall enter into a written agreement that includes a provision for the reversion of any unencumbered funds and all equipment and property purchased with public education funds to the ownership of the local board in the event the local charter school terminates operations. (2) Prior to releasing moneys from the facilities fund, the Department of Education shall ensure that the governing board of the state chartered special school and the state board shall enter into a written agreement that includes a provision for the reversion of any unencumbered funds and all equipment and property purchased with public education funds to the ownership of the state board in the event the state chartered special school terminates operations. (g) The reversion of property in accordance with subsection (f) of this Code section is subject to the complete satisfaction of all lawful liens or encumbrances. (h) Each local board of education that has designated any facility or property as surplus, intended for disposal, or otherwise unused shall make such facility or property available for lease or purchase by a local charter school on the same basis as it makes such facility or property available to other public schools under the control and management of the local board of education. A conversion charter school may not be charged a rental or leasing fee for the existing facility or for property normally used by the public school which became the conversion charter school. A local charter school that receives property from a local board may not sell or dispose of such property without the written permission of the local board."
SECTION 20. Said title is further amended by striking subsection (a) of Code Section 20-14-26, relating to powers and duties of the Office of Education Accountability, and inserting in lieu thereof the following:
"(a) The office shall have the following powers and duties: (1) To develop accountability systems with components that include but are not limited to expectations of student achievement, measurement of student achievement, data bases of such measurements, analysis of such data for trends in achievement, interventions, awards, the intended and efficient expenditure of allotted education funds, and public awareness of all such components; To create, with the approval of the State Board of Education, a performance-based accountability system, establish indicators of performance, rate schools and school systems, develop annual report cards for elementary, middle, and secondary schools, and formulate a system of school rewards and interventions. The State Board of Education shall approve no later than December 31, 2004, a single state-wide accountability system for local

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schools and school systems that incorporates federal law, rules, and regulations relating to accountability; (2) To create, develop, and recommend to the departments, boards, and offices represented on the council such additions, deletions, changes, or other modifications that will improve accountability systems that exist or may be created within or among the departments, boards, and offices represented on the council; (3)(2) To audit and inspect or cause to be audited or inspected for the purpose of verification, research, analysis, reporting, or for other purposes related to the performance of its powers and duties as provided in this article and for the purposes of auditing pre-kindergarten, elementary, middle grades, and secondary education, postsecondary education, and education work force programs and schools, local school systems, institutes, colleges, universities, regional educational service agencies, and other public education programs and entities as defined by the council; (4)(3) To assist the council in the development of a state-wide education student information system; (5)(4) To serve as staff to the council; and (6)(5) To exercise the powers and discharge duties of the council, as set forth in Code Section 20-14-8, under the supervision and oversight of the council."
SECTION 21. Said title is further amended by striking Part 3 of Article 2 of Chapter 14, relating to accountability assessment, and inserting in its place the following:
"Part 3
20-14-30. The office shall create and implement, with the approval of the council, a state-wide grades kindergarten through grade 12 accountability assessment program that is performance based to ensure school accountability for the goals of improved student achievement and improved school completion.
20-14-31. Except as otherwise provided in this article, the office shall establish the level levels of performance considered to be satisfactory on each assessment instrument administered under Code Section 20-2-281 by establishing the standard that should be achieved by students in each subject area at each grade level. Data and information regarding the establishment of the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.
20-14-32. The offices state education accountability analysis and reporting program shall obtain nationally comparative results and benchmarks for the subject areas and grade levels for which criterion-referenced and nationally normed reference assessment instruments are

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adopted, compare Georgia results to such results, and include the findings in the reports report required of the office in paragraph (2) of subsection (a) of Code Section 20-1427.
20-14-33. (a) The office shall adopt and biennially review, and revise as necessary, indicators of the quality of learning by students in an individual school. (b) The performance indicators of student achievement and school performance must be based on information that is disaggregated with respect to ethnicity, sex, disability, language proficiency, and socioeconomic status and must include:
(1) The results of assessment instruments required under Code Section 20-2-281, aggregated by grade level and subject area; (2) Dropout rates for each school; (3) Student attendance rates for each school; (4) School completion rates for each school; (5) The percentage of graduating students who attain scores on the Georgia high school graduation test required under Code Section 20-2-281 that are equivalent to a passing score on the test instrument until such time as the Georgia high school graduation test is discontinued as provided in Code Section 20-2-281; (6) The percentage of graduating students who meet the course requirements established for the recommended high school program by State Board of Education rule; (7) The percentage of students taking end-of-course assessment instruments under Code Section 20-2-281; (8) The percentage of high school students who pass the end-of-course assessment instrument in core subjects; (9) The results of the Scholastic Assessment Test or the ACT Assessment; (10) The percentage of students taking alternate assessments under subsection (d) of Code Section 20-2-281; (11) The average time that a student placed in an early intervention program remains before attaining grade level status and returning to regular status; and (12) Any other indicator the office recommends, the council approves, and the State Board of Education adopts. (c) Performance on the indicator shall be compared to state standards, progress on improved student achievement, and comparable performance. The state standard standards for comparison shall be established by the office as provided in Code Section 20-14-31. Required improvement is defined as the progress necessary for the school or local school system to meet state standards and for its students to meet exit requirements as defined by the office pursuant to Code Section 20-14-31. Comparable improvement is derived by measuring schools and local school systems against a profile developed from a total state student performance data base which exhibits substantial equivalence to the characteristics of students served by the school or system, including past academic performance, socioeconomic status, ethnicity, sex, disability, mobility,

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and language proficiency. Data and information regarding the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. (d) The office shall establish individual school ratings for each school in this state for annual academic performance on the assessment instruments required under Code Section 20-2-281, with:.
(1) A school grade of A, B, C, D, or F on the established absolute student achievement standard; (2) A school grade of A, B, C, D, or F for the school on the progress on improved student achievement; and (3) A school performance status on other school performance indicators as defined in subsection (b) of this Code section. (e) Annually, the office shall define exemplary, acceptable, and unacceptable performance for each academic excellence indicator included under in paragraphs (2) through (12) of subsection (b) of this Code section and shall project the standards for each of those levels of performance for succeeding years. Data and information regarding the establishment of the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. (f)(e) Each school system shall provide all student performance data and all other student school completion and attendance data to the Department of Educations educational information system in accordance with rules and timelines established by the office State Board of Education. (g)(f) The office shall develop, the council shall approve, and the State Board of Education shall adopt a uniform definition of 'dropout.' All schools and school systems shall report student dropout information to the Department of Educations educational information system in accordance with rules and timelines established by the state board as provided in subsection (b) of Code Section 20-2-167. Each school system shall cooperate with the office in determining whether a student is a dropout under this subsection and shall adopt the uniform definition of 'dropout.' Data and information regarding the establishment of the definition and the tracking of dropout and school completion data shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. (h)(g) The office shall develop, the council shall approve, and the State Board of Education shall adopt a uniform definition of a 'below grade level' student for purposes of placing students in the early intervention program under Code Section 20-2-153 and for purposes of tracking these students for accountability purposes. Data and information regarding the establishment of the definition shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. (i)(h) The office shall annually review the performance of each school on the indicators identified in subsection (b) of this Code section and determine whether a change in the school rating status of the school is warranted.

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20-14-34. (a) Each school year, the office shall prepare and distribute to each school system a report card for each school in the State of Georgia. The school report cards must be based on the most current data available disaggregated by student groups. School performance must be compared to:
(1) Previous school and local school system performance; (2) Current school and local school system performance in relation to the absolute student achievement standards and progress on improved student achievement; and (3) Comparable school group performance; and (4) Any other indicators adopted by the State Board of Education. This report card on schools shall be the official state education performance report and supersedes all other reports that may be issued by departments of the state government for matters of funding, awards, and interventions. (b) The report card shall include the following information, where applicable: (1) The individual school grades ratings as defined provided for in subsection (d) of Code Section 20-14-33; (2) The academic excellence indicators identified in paragraphs (2) through (12) of subsection (b) of Code Section 20-14-33; (3) Teacher-student ratios; and (4) Administrative and instructional costs per student and other financial accounting information as may be required. (c) Each school year, the office shall prepare and distribute a state-wide report card, aggregated by school systems and disaggregated by student groups, reporting on the student performance and school completion results of each school in the state and a rating for each school based on the definitions as provided for in subsection (d) of Code Section 20-14-33. (d) The State Board of Education shall adopt rules requiring dissemination of appropriate student performance and school completion performance portions of school report cards annually to the parent, guardian, conservator, or other person having lawful control of each student at the school. On written request, the local school system shall provide a copy of a school report card to any other party. These reports shall be posted on a website at both the state and the Department of Education website and the existing website of such local school system level.
20-14-35. (a) The office may:
(1) Conduct on-site audits of any school at any time, subject to the approval of the director; (2) Raise or lower any performance rating as a result of the audit; and (3) Review school fund accounting information and records to determine effective and efficient expenditure of state funds as allocated. (b) The director shall determine the frequency of on-site audits by the office according to annual comprehensive analyses of student performance and equity in relation to the

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academic excellence indicators and fund accounting assessments as adopted under subsection (b) of Code Section 20-14-34. (c) In making an on-site school performance audit, the auditor shall obtain information from administrators, teachers, and parents of students enrolled in the local school system. The audit may not be closed until information is obtained from each of those sources. The office shall adopt rules regarding obtaining information from parents and using that information in the auditors report and obtaining information from teachers in a manner that prevents a school or school system from screening the information. (d) The auditors shall report to the local board of education, the local school council, and appropriate school administrators and shall report findings and recommendations concerning any necessary improvements or intervention strategies. School audit reports shall be provided to the council and the State Board of Education. (e) The director may authorize other school audits to be conducted under the following circumstances:
(1) When excessive numbers of absences of students eligible to be tested on state assessment instruments are determined; or (2) When a school or school system has not provided student performance information to the Department of Educations educational information system as required under subsection (b) of Code Section 20-2-167.
20-14-36. The office shall recommend, and the council State Board of Education shall adopt, written procedures for conducting on-site audits under this part. The office shall make the procedures available to the schools, school councils, local boards of education, and the public. Office staff shall be trained in audit procedures and shall follow such procedures in conducting the audit.
20-14-37. The Office of Student Achievement shall develop and the State Board of Education shall approve a Georgia schools awards system is created to recognize those schools and school systems that demonstrate progress or success in achieving the education goals of the state and achieving excellence on the office school rating system as defined provided for in Code Section 20-14-33.
20-14-38. (a) Financial awards will be provided to the schools that the office director determines have demonstrated the greatest improvement in achieving the education goals of improved student achievement and improved school completion, subject to appropriation by the General Assembly and any limitation set by the director on the total amount that may be awarded to a school or local school system. (b) Financial awards will be provided to each school that is identified by the director achieves a grade of A or B as defined in Code Section 20-14-33 for performance on either or both the absolute student achievement standard excellence in student

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achievement and progress on student achievement. The certificated personnel in a school that achieves the grade of A or B is identified by the director as either a best performing school or better performing school in either or both categories will be provided a bonus for the year the school achieved those grades was identified of $1,000.00 for each grade of A best performing school designation and $500.00 for each grade of B better performing school designation. The maximum individual annual bonus for certificated personnel shall not exceed $2,000.00 and shall be provided subject to appropriation by the General Assembly or as otherwise may be provided. An additional financial award will be provided to each school for noncertificated personnel in the amount of $10,000.00 for each A grade for the school designation of best performing school and $5,000.00 for each B grade for the school designation of better performing school, provided that the total lump sum noncertificated personnel award for an individual school shall not exceed $20,000.00; provided, further, that funds for this purpose are appropriated by the General Assembly or as otherwise may be provided. The local school council of the school receiving this noncertificated personnel award shall determine the distribution of the award among such personnel of its school. (c) The Governor may present proclamations or certificates to schools and school systems determined to have met or exceeded the states education goals under Code Section 20-14-30.
20-14-39. The financial award system may be funded by donations, grants, or appropriation by the General Assembly or as otherwise provided. The State Board of Education may solicit and receive grants and donations for the purpose of making awards under this part. Award funds may be used by the State Board of Education to pay for the costs associated with sponsoring a ceremony to recognize or present awards to schools or school systems under this part. The donations, grants, or appropriations by the General Assembly shall be accounted for and distributed by the State Board of Education. The awards are subject to audit requirements established by the office State Board of Education.
20-14-40. All identifiable individual student performance data and information and reports received by the office, the Department of Education, and the State Board of Education under this part from schools or school systems shall be deemed confidential and may not be disclosed.
20-14-41. (a) If a school has a grade of D or F The State Board of Education shall by policies, rules, or regulations establish a coherent and sustained system of assistance and support for schools not meeting identified levels of achievement or not showing specified levels of progress as determined by the office. The State Board of Education shall by policies,

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rules, or regulations specify appropriate levels of assistance and intervention for schools that receive an unacceptable rating on student performance for the absolute student achievement standard or on progress on improved student achievement. as determined by the office, the office, in the audit report on an individual school, shall report findings and recommend appropriate levels of interventions for that school, based on a scale of increasingly severe interventions, to the State Board of Education. The In specifying levels of assistance and intervention, the State Board of Education shall prescribe the appropriate level of intervention and consider the number of years a school has received an unacceptable rating and may include one or more of the following increasingly severe interventions:
(1) Issuing public notice of the deficiency to the local board of education; (2) Ordering a hearing to be conducted at the school by the local board of education with the participation of the school council for the purpose of notifying the public of the unacceptable performance, the improvements in performance expected by the office, and the interventions that may be imposed under this Code section if the performance does not improve within a designated period of time and of soliciting public comment on the initial steps being taken to improve performance; (3) Ordering the preparation of an intensive student achievement improvement plan that addresses each academic excellence indicator for which the schools performance is unacceptable, the submission of the plan to the director State Board of Education for approval, and implementation of the plan; (4) Appointing a Department of Education school improvement team to:
(A) Conduct a comprehensive on-site evaluation of each low-performing school to determine the cause for the schools low performance and lack of progress that includes presentations by the chairperson of the local board of education, the school principal, a parent member of the local school council, and other school personnel; (B) Recommend actions, including reallocation of resources and technical assistance, changes in school procedures or operations, staff development professional learning focused on student achievement for instructional and administrative staff, intervention for individual administrators or teachers, instructional strategies based on scientifically based research, waivers from state statutes or rules, adoption of policies and practices to ensure all groups of students meet the states proficiency level, extended instruction time for low-performing students, strategies for parental involvement, incorporation of a teacher mentoring program, smaller class size for low-performing students, or other actions the team considers appropriate; (C) Assist in the development of an intensive school improvement plan focused on student achievement required by paragraph (3) of this subsection; and (D) Assist the director in monitoring Monitor the progress of the school in implementing the intensive school improvement plan focused on student achievement; (5) If a school has received a grade of D or F an unacceptable rating for a period of two consecutive years or more, appointing a school master or management team to

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oversee and direct the duties of the principal of the school in relation to the school until school performance improves and the school is released from intervention by the director, with the cost of the master or management team to be paid by the state; or (6) If a school has received a grade of D or F an unacceptable rating for a period of three consecutive years or more, the State Board of Education shall, subject to the provisions of subsection (f) of this Code section, implement one or more of the following interventions or sanctions, in order of severity:
(A) Removal of school personnel on recommendation of the master or the school improvement team, including the principal and personnel whose performance has continued not to produce student achievement gains over a three-year period as a condition for continued receipt of state funds for administration; (B) Allow for the implementation of a state charter school through the designation by the State Board of Education; (C) Mandate the complete reconstitution of the school, removing all personnel, appointing a new principal, and hiring all new staff. Existing staff may reapply for employment at the newly reconstituted school but shall not be rehired if their performance regarding student achievement has been negative for the past three years; (D) Mandate that the parents have the option to relocate the student to other public schools in the local school system to be chosen by the parents of the student with transportation costs borne by the system; or (E) Mandate a monitor, master, or management team in the school that shall be paid by the district; (F) Continue the intensive student achievement improvement plan provided for in paragraph (3) of this subsection; or (G) Mandate a complete restructuring of the schools governance arrangement and internal organization of the school. (b) If a school has received an unacceptable rating for a period of two consecutive years or more, the following interventions shall be imposed, subject to the provisions of subsection (f) of this Code section, in accordance with rules and regulations established by the State Board of Education and in addition to any other interventions imposed by the State Board of Education pursuant to subsection (a) of this Code section: (1) Mandated public school choice; (2) Specified maximum class sizes; and (3) Site based expenditure controls. At its discretion, the State Board of Education shall also be authorized to impose additional restrictions or mandates on schools subject to this subsection, as deemed appropriate by the State Board of Education and in accordance with its rules and regulations. (c) The State Board of Education shall clearly define the powers and duties of a master or management team appointed to oversee the operations of a school. (c)(d) A school improvement team appointed under this Code section may consist of currently employed or retired teachers, principals, other educational professionals,

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Department of Education school improvement employees, or local school superintendents recognized for excellence in their roles and appointed by the State Board of Education to serve as members of a team. (d)(e) The State Board of Education shall annually report by June 30 October 31 of each year the status of the interventions imposed on low-performing schools to the office with recommendations regarding ending, extending, or upgrading the interventions on those schools. The director shall review and respond to the report. (f) Before the implementation of any interventions for a school that has received an unacceptable rating for two years or three years, the local board of education for such school shall have an opportunity to examine the data which form the basis for the intervention or interventions and to provide any correction, explanation, or supplement to such data. The department shall determine whether to accept or reject any revision in the data proposed by the local board. The department shall subsequently intervene or not in accordance with the departments determination of the data. (g) A local board of education may request an opportunity for a hearing before the state board to show cause why an intervention or interventions should not be required. An intervention shall not be stayed pending the hearing or the determination of the state board. The determination of the state board shall be the final decision."
SECTION 21A. Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to regulation of employment of minors, is amended in Code Section 39-2-11, relating to required employment certificates and the requirements for issuance, by adding a new subsection (e) to read as follows:
"(e)(1) The certificate provided for in subsection (a) of this Code section shall be accompanied by a letter from the minors school administrator indicating that the minor is enrolled in school full-time and has an attendance record in good standing for the current academic year. The employer of a minor shall maintain a copy of such certificate and letter in the minors employment file. Such letter shall be updated in January of each subsequent academic year during which the minor maintains his or her employment until such minor reaches the age of 18 years or receives a high school diploma, a general educational development (GED) diploma, a special education diploma, or a certificate of high school completion, or has terminated his or her secondary education and is enrolled in a postsecondary school. Any employer failing to comply with this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed $1,000.00, up to twelve months imprisonment, or both, for each violation. (2) The State Board of Education shall promulgate rules and regulations to provide for the issuance of a waiver or exemption from the provisions of this subsection to a minor, upon such minors petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minors family or if there is clear and

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convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor."
SECTION 21B. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses for motor vehicles, is amended in Code Section 40-5-22, relating to persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements, by striking subsection (a.1) and inserting in lieu thereof the following:
"(a.1)(1) The department shall not issue an instruction permit or drivers license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction permit or drivers license the applicant presents acceptable proof that he or she has received a high school diploma, a general educational development (GED) equivalency diploma, a special diploma, or a certificate of high school completion, has permission of his or her parent or guardian to withdraw from school, or has terminated his or her secondary education and is enrolled in a postsecondary school or the records of the department indicate that said applicant:
(A) Is enrolled in and not under suspension from a public or private school and satisfies has satisfied relevant attendance requirements as set forth in paragraph (2) of this subsection for a period of one academic year prior to application for an instruction permit or drivers license; or (B) Is enrolled in a home education program that satisfies the requirements of all state laws governing such courses. The department shall notify such minor of his or her ineligibility for an instruction permit or drivers license at the time of such application. (2) The department shall forthwith notify by certified mail or statutory overnight delivery, return receipt requested, any minor issued an instruction permit or drivers license in accordance with this subsection other than a minor who has terminated his or her secondary education and is enrolled in a postsecondary school or who has permission of his or her parent or guardian to withdraw from school that such minors instruction permit or drivers license is suspended subject to review as provided for in this subsection if the records of the department indicate receives notice pursuant to Code Section 20-2-701 that indicates that such minor: (A) Has dropped out of school without graduating and has remained out of school for ten consecutive school days; (B) Has more than ten consecutive school days of unexcused absences in any semester or combination of two consecutive quarters; or (C) Has been suspended from school for:
(i) Threatening, striking, or causing bodily harm to a teacher or other school personnel; (ii) Possession or sale of drugs or alcohol on school property; or

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(iii) Possession or use of a weapon on school property. For purposes of this subparagraph, the term "weapon" shall be defined in accordance with Code Section 16-11-127.1 but shall not include any part of an archeological or cultural exhibit brought to school in connection with a school project; (iv) Any sexual offense prohibited under Chapter 6 of Title 16; or (v) Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student. Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the persons last known address shall be prima-facie evidence that such person received the required notice. Such notice shall include instructions to the minor to return immediately the instruction permit or drivers license to the department and information summarizing the minors right to request an exemption from the provisions of this subsection. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. The department shall be authorized to grant an exemption from the provisions of this subsection to a minor, upon such minors petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minors family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or drivers license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period to end of one year or shall end upon the date of such minors eighteenth birthday, but such minors instruction permit or drivers license shall be reinstated if the minor submits evidence satisfactory to the department that he or she has resumed regular studies as determined by the State Board of Education and qualifies for an instruction permit or drivers license under the provisions of this subsection, upon payment of a restoration fee of $50.00; provided, however, that any instruction permit or drivers license suspended pursuant to subparagraph (C) of this paragraph shall not be reinstated until 90 days after the effective date of the suspension of such permit or license whichever comes first. (3) The State Board of Education and the commissioner of motor vehicle safety are authorized to promulgate rules and regulations to implement the provisions of this subsection. "
SECTION 22. The Official Code of Georgia Annotated is amended by striking from the following Code sections the name "Office of Education Accountability" wherever the same shall occur

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and inserting in lieu thereof the name "Office of Student Achievement": (1) Code Section 20-2-154.1, relating to alternative education programs; (2) Code Section 20-2-212.3, relating to increasing teachers salaries in areas of shortage and criteria for determining shortage; (3) Code Section 20-2-283, relating to criteria and specific requirements for the development of a placement and promotion policy; (4) Code Section 20-2-286, relating to Georgia Closing the Achievement Gap Commission; (5) Code Section 20-14-6, relating to selection of personnel to support the Education Coordinating Council; (6) Code Section 20-14-8, relating to general powers and duties of the Education Coordinating Council; (7) Code Section 20-14-20, relating to definitions regarding education accountability assessment programs; (8) Code Section 20-14-25, relating to the creation of the Office of Education Accountability; (9) Code Section 47-3-127.1, relating to employment of retired teacher as full-time teacher; and (10) Code Section 50-18-72, relating to when public disclosure of government records is not required.
SECTION 23. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 24. All laws and parts of laws in conflict with this Act are repealed.

Representative Burkhalter of the 36th moved that the House adopt the report of the Committee of Conference on HB 1190.

On the motion, 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 Day Dean
Y Deloach Y Dix
Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod

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 Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal

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 Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce E Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster
Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Orrock Y 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 Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 168, nays 0. The motion prevailed.

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Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson
Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 553. By Senators Williams of the 19th and Kemp of the 46th:
A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for an exception for design-build on the limitations on the power of the department to contract; to provide for the development of design-build procedures for the construction of any public road or other transportation purpose project; to define a term; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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The Senate has adopted the report of the Committee of Conference on the following bill of the Senate:
SB 449. By Senators Seabaugh of the 28th and Balfour of the 9th:
A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the O.C.G.A., relating to accountants, so as to repeal certain provisions relating to registered public accountants; to provide that public accountants shall upon application be certificated as certified public accountants; to remove references to registered public accountants; to amend Chapter 40 of Title 43 of the O.C.G.A., relating to real estate brokers and salespersons; to amend Article 13 of Chapter 1 of Title 7 of the O.C.G.A., relating to licensing of mortgage lenders and mortgage brokers, to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute to the following resolution of the Senate:
SR 760. By Senators Kemp of the 46th, Zamarripa of the 36th, Tate of the 38th and Hamrick of the 30th:
A RESOLUTION creating the Joint Early Learning Initiative Commission; and for other purposes.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 208. By Representatives Fludd of the 48th, Post 4, Moraitakis of the 42nd, Post 4, Oliver of the 56th, Post 2, Stephenson of the 60th, Post 1, Hill of the 81st and others:
A BILL to amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Property Owners' Association Act," so as to clarify the definition of "lots"; to clarify the definition of "lot owner"; to clarify the definition of "property owners' development"; to clarify enforcement powers; to clarify voting procedures for multiple-owner units; to conform proxy requirements to other provisions of the law; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Seabaugh of the 28th, Kemp of the 3rd, and Levetan of the 40th.

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The Senate has disagreed to the House substitute to the following bill of the Senate:
SB 425. By Senators Collins of the 6th, Cagle of the 49th, Price of the 56th, Tanksley of the 32nd and Levetan of the 40th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to the allocation of funds for public roads, so as to change the provisions regarding the balancing of federal and state funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute to the following bills of the Senate:
SB 460. By Senators Cagle of the 49th, Gillis of the 20th, Hudgens of the 47th and Brush of the 24th:
A BILL to be entitled an Act to amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, so as to change certain provisions relating to 25 foot buffers along state waters; to authorize land-disturbing activity within such buffers if certain compensatory mitigation requirements are satisfied; to repeal conflicting laws; and for other purposes.
SB 497. By Senators Reed of the 35th, Tanksley of the 32nd, Zamarripa of the 36th, Price of the 56th, Thomas of the 10th and others:
A BILL to repeal an Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, approved April 4, 1996 (Ga. L. 1996, p. 627), as amended; to abolish such courts created pursuant to such Act; to provide for the transfer of cases and matters pending in such courts on the effective date of this Act; to provide for the transfer of records, books, minutes, files, and documents; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment to the Senate amendment to the following bill of the House:
HB 1248. By Representatives Powell of the 23rd, Parham of the 94th and Reece of the 21st:

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JOURNAL OF THE HOUSE

A BILL to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and transportation, so as to change certain provisions relating to household goods carriers and services provided by such carriers; to change certain provisions relating to motor contract carriers; to change certain provisions relating to chauffeur permits; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following bills of the Senate and House:
HB 208. By Representatives Fludd of the 48th, Post 4, Moraitakis of the 42nd, Post 4, Oliver of the 56th, Post 2, Stephenson of the 60th, Post 1, Hill of the 81st and others:
A BILL to amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Property Owners' Association Act," so as to clarify the definition of "lots"; to clarify the definition of "lot owner"; to clarify the definition of "property owners' development"; to clarify enforcement powers; to clarify voting procedures for multiple-owner units; to conform proxy requirements to other provisions of the law; and for other purposes.
HB 1136. By Representatives Lunsford of the 85th, Post 2, Royal of the 140th, Westmoreland of the 86th, Graves of the 10th, Yates of the 85th, Post 1 and others:
A BILL to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; and for other purposes.
HB 1190. By Representatives O`Neal of the 117th, Coleman of the 65th, Burkhalter of the 36th and Golick of the 34th, Post 3:
A BILL to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for the revision of certain provisions regarding education flexibility and accountability; to change certain provisions regarding school councils; to change certain provisions regarding early intervention programs; to change certain provisions regarding budgeting, funding, and accounting; to change certain provisions regarding program weights; to change certain provisions regarding effectiveness assessment; to amend the Official Code of Georgia Annotated, so as to change the name "Office of

WEDNESDAY, APRIL 7, 2004

4077

Education Accountability" to "Office of Student Achievement"; and for other purposes.
HB 1325. By Representatives McBee of the 74th, Purcell of the 122nd, Greene of the 134th, Holmes of the 48th, Post 1 and Cummings of the 19th:
A BILL to amend Chapters 2 and 3 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education and to postsecondary education, respectively, so as to change the reporting system and method for determining eligibility for HOPE scholarships, other scholarships, grants, or loan assistance, and certain postsecondary courses and advanced placement courses for students graduating from high school in 2007 and thereafter; and for other purposes.
SB 514. By Senators Cagle of the 49th, Starr of the 44th and Lee of the 29th:
A BILL to be entitled an Act to amend Code Section 50-17-23 of the Official Code of Georgia Annotated, relating to general obligation and guaranteed revenue debts, so as to authorize the issuance of general obligation bonds bearing interest at variable rates; to provide for procedures, conditions, and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has adopted the 2nd report of the Committee of Conference on the following bill of the Senate:
SB 418. By Senators Unterman of the 45th, Collins of the 6th, Johnson of the 1st, Balfour of the 9th, Lee of the 29th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide for the crime of female genital mutilation; to provide for penalties; to provide for exceptions; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the Speaker announced the House adjourned Sine Die.

INDEX TO JOURNAL

OF THE

HOUSE OF REPRESENTATIVES

REGULAR SESSION

2004

PART I PART II PART III PART IV PART V -

ALPHABETICAL TABULATION (House and Senate Bills and Resolutions)
NUMERICAL TABULATION (House Bills)
NUMERICAL TABULATION (House Resolutions)
NUMERICAL TABULATION (Senate Bills in House)
NUMERICAL TABULATION (Senate Resolutions in House)

HOUSE JOURNAL
PART I
HOUSE AND SENATE BILLS AND RESOLUTIONS
A
AARON COHN REGIONAL YOUTH DETENTION CENTER; designate ............................................................................................HR 1530
ABANDONMENT, MOTOR VEHICLES Counties and consolidated governments; private trespass towing; licenses ........HB 1145 Motor vehicles abandoned on public property; removal by peace officer .............HB 950 Removal or storage fees; liens; collection.............................................................. SB 404
ABORTION Convention on the Elimination of All Forms of Discrimination Against Women; urge U.S. Senate ratify; urge Congress affirm certain women's rights ..............................................................................HR 351 Crimes; make abortion unlawful ............................................................................HB 377 Due Process and Equal Protection Restoration Act of 2003; enact..........................HB 63 Minors; identification requirements .....................................................................HB 1597 Minors; parental notification ..................................................................................HB 574 Parental notification; identification requirements ..................................................HB 466 Parental notification; requirements......................................................................... SB 240 Petition superior court for permission ........................................................................HB 1 Senate Bill 23; urge consideration by House..........................................................HR 722 Woman's Right to Know Act; enact .........................................................................HB 23 Woman's Right to Know Act; enact .........................................................................HB 52 Woman's Right to Know Act; enact ......................................................................... SB 23
ACCOUNTANTS Registered public; repeal certain provisions; delete Code references .................... SB 449 State licensing board; reduce number of members.................................................HB 597
AD VALOREM TAX Ad valorem taxes, fees, service charges, assessments; installment payments; statewide applicability .....................................................HB 679
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INDEX

Amend certain definitions ........................................................................................HB 78 Amend certain definitions ....................................................................................HB 1067 Appeal procedures; certain military personnel.....................................................HB 1553 Appeal procedures; military service .....................................................................HB 1710 Appraise property at owner's acquisition cost - CA .................................................HR 45 Assessments; periods of limitation .........................................................................HB 736 Assessments; taxpayer appeals; certain refunds..................................................... SB 161 Authorize special methods; certain aircraft - CA ...................................................HR 323 Bankruptcy; exemptions from levy and sale; increase
homestead exemption ........................................................................................HB 1479 Bona fide conservation use property; additional ownership
qualifications........................................................................................................HB 641 Bona fide conservation use property; expand preferential assessment ................HB 1344 Bona fide conservation use property; include wildlife
habitat and production .......................................................................................HB 1416 Bona fide conservation use property; notification; expiration
of covenants .......................................................................................................HB 1103 Bona fide conservation use property; undeveloped riverside
or streamside lands.............................................................................................HB 1107 Conservation use property; greenspace; eliminate acreage limitation - CA ........HR 1131 Education funding; ad valorem tax relief; impose 1 percent sales tax - CA ........HR 1371 Education funding; ad valorem tax relief; impose 1 percent sales tax - CA ........HR 1372 Education funding; repeal ad valorem tax; impose excise
tax on motor fuel - CA...........................................................................................HR 43 Education funding; repeal ad valorem tax; impose sales tax - CA.......................HR 1264 Education funding; repeal ad valorem tax; impose sales tax - CA.......................HR 1265 Education property tax relief grants; provisions...................................................HB 1543 Education property tax relief grants; provisions...................................................HB 1544 Exempt certain property used in generating electricity ..........................................HB 565 Exempt full homestead value; senior citizens ............................................................HB 8 Exemption; inventory of business taxpayer............................................................HB 156 Exemption; recreational boats; $75,000 of assessed value ....................................HB 696 Exemption; recreational boats; referendum..........................................................HB 1140 Exempt recreational boats; certain amount ............................................................HB 123 Freeport personal property inventory exemption; tax
assessments; periods of limitation ....................................................................... SB 453 Homeowner tax relief grants; alternative uses - CA...............................................HR 258 Homestead exemption; base year assessed value ................................................... SB 601 Homestead exemption; certain veterans; maximum amount................................HB 1446 Homestead exemption; equal to state levy .............................................................HB 161 Homestead exemption; municipal purposes ........................................................... SB 615 Homestead exemption; state-wide base year assessed value - CA...........................HR 22 Homestead exemption; state-wide base year assessed value - CA...........................HR 80

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Homestead tax deferral; senior citizens; increase amount .....................................HB 138 Inventory of small business; exemption .................................................................HB 162 Limit increase of millage rate and property value - CA .............................................HR 4 Limit increase of millage rate and property value - CA .............................................HR 5 Limit increase of millage rate and property value - CA .............................................HR 6 Low income building projects; separate classification;
ad valorem taxes - CA .......................................................................................HR 1095 Millage rate and property value; limit increases - CA..........................................HR 1336 Millage rate increase; require voter approval - CA ................................................HR 171 Millage rate or valuation increases; limitations - CA.................................................HR 7 Millage rate or valuation increases; limitations - CA.................................................HR 8 Motor vehicles; exempt Medal of Honor recipients.............................................HB 1656 Motor vehicles; exempt veterans organizations .....................................................HB 626 Motor vehicles; return in county where functionally located.................................HB 834 Nuisance abatement liens and tax liens; collection; tax
sales; certain foreclosures .................................................................................... SB 182 Overpaid taxes; refunds by counties or municipalities;
time to file claim ................................................................................................HB 1605 Preferential assessment; certain storm-water wetlands ..........................................HB 528 Property equipped with certain systems for generating
electricity; exempt - CA.......................................................................................HR 259 Residential real property; freeze value; ad valorem tax;
market value at acquisition - CA ......................................................................... SR 311 Residential real property; freeze values; ad valorem tax;
assess at acquisition date value - CA.......................................................................HR 2 Returns; rates; roll-back rates; assessment appeals ..............................................HB 1540 Special class; antique aircraft - CA ........................................................................HR 527 Tax amnesty and property tax amnesty programs; provisions ...............................HB 354 Tax collectors and tax commissioners; creditable training ..................................HB 1391 Tax receivers; taxpayer statistical information; confidentiality .............................HB 529 Time extension for certain members of armed forces;
homestead exemption applications ...................................................................... SB 393 Waste management; sewage permits; redesignate certain provisions..................HB 1468
ADAMS, HONORABLE WILLIE, JR.; commend ............................................HR 1566
ADAMS, JAMES LEWIS; condolences...............................................................HR 1613
ADAMS, RUFUS; condolences .............................................................................HR 1874
ADDISON, JOSEPH; commend ...........................................................................HR 1196

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ADJOURNMENT Meeting dates; 1/12/2004 through 2/16/2004.........................................................HR 944 Meeting dates; 2/16/2004 through 3/1/2004.........................................................HR 1266 Meeting dates; 2/26/2004 through 3/8/2004.........................................................HR 1400 Meeting dates; 3/4/2004 through 3/15/2004.........................................................HR 1471 Meeting dates; 3/15/2004 through 3/22/2004.......................................................HR 1575 Meeting dates; 3/22/2004 through 3/24/2004.......................................................HR 1729 Meeting dates; 3/24/2004 through 3/31/2004.......................................................HR 1732 Meeting dates; 3/31/2004 through 4/15/2004.......................................................HR 1819 Meeting dates; 4/1/2004 through 4/7/2004; sine die ............................................ SR 1101
ADKINS, PETE; commend ...................................................................................HR 1908
ADMINISTRATIVE PROCEDURE Agriculture; commissioner's orders; administrative review .................................HB 1147 Early Care and Learning, Department of; create; Georgia Child Care Council; redesignate and transfer to Title 20 .................................... SB 456 Environmental policy, regulation, or standard; publication of rationale; requirements ....................................................................................HB 242 Environmental policy; regulatory decisions; publication requirements................. SB 172 Industry, Trade, and Tourism, Department of; powers; real property.................... SB 531 Regulatory Reform Act of 2003; regulations, laws, statutes; provisions ............... SB 361
ADMINISTRATIVE SERVICES, DEPARTMENT OF Bid opportunities for local governments and boards of education; advertisements.................................................................................... SB 342 Cigar and cigarette taxes; increase; loose or smokeless tobacco; impose excise tax ..................................................................................HB 379 Contracts; public works; prohibit certain requirement .........................................HB 1009 Georgia Procurement Registry; certain bid advertisements; local governments ..............................................................................................HB 1260 Georgia Procurement Registry; certain bid opportunities; advertisement .............HB 409 Minority business enterprises; certification procedures; amend provisions ................................................................................................. SB 115 Multiyear contracts; real property ........................................................................HB 1696 Public works construction; bidding conditions; certain prohibition....................... SB 599 State purchasing; budget emergency; Governor reduce costs................................HB 571 State purchasing contracts; preference for Georgia vendors..................................HB 200 State purchasing; vendor requirements; contracts ................................................HB 1457 State purchasing; vendors; additional requirements.............................................HB 1240 Surplus state property; disposal methods; include electronic sale .........................HB 133

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4159

ADMINISTRATORS AND EXECUTORS (See Wills, Trusts, and Administration of Estates)
ADOPTION Adoption and child custody proceedings; 90-day time limit for court decision ...............................................................................................HB 1631 Adoptions and child-placing agencies; records access; birth records; practices and procedures.......................................................................... SB 55 Adoptions; name change of office; amend provisions ...........................................HB 176 Child placement; adoption petition; time limit requirement ................................HB 1322 Children; prohibit sale or offer for sale of child..................................................... SB 281 Human resources; Choose Life adoption support program; special license plates............................................................................................HB 254 Human resources; Choose Life adoption support program; special license plates............................................................................................HB 286 Parental power, grandparent visitation, adoption; prohibition; certain conviction.................................................................................................HB 330 Vital records; birth certificate in legitimations, paternity orders, and adoptions ........................................................................................... SB 263
ADVERTISING Agricultural commodities promotion; assessments; amend certain provisions...............................................................................................HB 1669 Business Equity Act of 2004; provisions .............................................................HB 1707 Children; prohibit sale or offer for sale of child..................................................... SB 281 Georgia procurement Registry; certain bid advertisements; local governments ..............................................................................................HB 1260 Georgia Procurement Registry; certain bid opportunities; advertisement .............HB 409 Highways; outdoor advertising; certain restriction ..............................................HB 1464 Income tax credits; certain motion picture production investments.....................HB 1523 Plumbers; false advertising; amend provisions ......................................................HB 338 Public roads; erection of sign without permit; $500 fine .......................................HB 705
ADVERTISING SPECIALTY SERVICES; commend ......................................HR 1140
AFRICAN SOCIETY OF THE NATIONAL SUMMIT ON AFRICA RECOGNITION DAY; recognize March 12 annually...............HR 1537
AGE OF MAJORITY Protection of Children Act of 2004; enact............................................................HB 1298
AGED (See Elderly)

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INDEX

AGENCIES (See Named Agency or State Government)
AGRICULTURE Agricultural commodities promotion; assessments; amend certain provisions...............................................................................................HB 1669 Agricultural Water Conservation Incentive Program; create ................................. SB 436 Agriculture Commissioner; retention and use of moneys ......................................HB 569 Agriculture Commodity Commission on Beef; provisions; Pacific White Shrimp Aquaculture Development Act; enact ............................HB 1766 Black Farmers and Agriculturists Association, Inc.; urge Congress support certain efforts ........................................................................HR 1818 Bona fide agricultural property; preferential assessment; additional forms - CA ............................................................................................HR 21 Carbon Sequestration Registry Act; enact.............................................................. SB 356 Cigar and cigarette taxes; amend definitions............................................................HB 65 Cigar and cigarette taxes; certain local excise taxes; authorize .............................HB 106 Cigar and cigarette taxes; certain local excise taxes; authorize .............................HB 107 Cigar and cigarette taxes; change certain definitions ...........................................HB 1065 Cigar and cigarette taxes; counterfeit cigarettes; penalties ....................................HB 844 Cigar and cigarette taxes; increase; loose or smokeless tobacco; impose excise tax ..................................................................................HB 379 Cigarettes and tobacco products; prohibit possession by minors; exceptions ...............................................................................................HB 653 Cigars and cigarettes; certain local excise taxes; authorize......................................HB 85 Commissioner's orders; administrative review.....................................................HB 1147 Comprehensive State-wide Water Planning Management Act; enact; Water Council; create........................................................................HB 237 Conform Code references to House and Senate committee names........................HB 846 Employees' health insurance plan; include agricultural commodity commission employees.....................................................................HB 101 Employees' Retirement; certain law enforcement personnel; benefit formula.....................................................................................................HB 476 Farmers' markets; license to sell; suspension; prohibition ...................................HB 1186 Farmland Protection Act; enact ..............................................................................HB 822 Fire hazards; prohibit smoking within 20 feet of gas pumps ...............................HB 1046 Forest Heritage Trust Act of 2004; enact ............................................................... SB 480 House Agricultural Research, Extension, and Teaching Programs Study Committee; create ...................................................................HR 1459 Motor vehicle license fees, classes, restricted plates; amend provisions .............HB 1087 Motor vehicles; license fees and classes; change certain definitions ...................HB 1064 Nuisances; agricultural and forestry facilities ........................................................ SB 511 Peanut producers; marketing orders; required assenting votes ..............................HB 174 Poultry production contracts; regulate....................................................................HB 644

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4161

Poultry production contracts; regulate....................................................................HB 648 Sales tax exemption; ice; poultry processing .......................................................HB 1052 Sales tax exemption; ice; processing and storing poultry and vegetables............HB 1409 Sales tax exemption; liquefied gas; horticultural purposes ......................................HB 96 School Pesticide Act; enact; regulations ..............................................................HB 1042 Smokefree Air Act of 2004; enact .......................................................................... SB 507 State excise tax on tobacco products; fund state Medicaid program - CA.............HR 229 State symbols; blueberry; designate as official state berry ..................................HB 1628 Timber harvesting; regulatory authority of counties and
municipalities; limitations ...................................................................................HB 244 Tobacco manufacturers; certain certifications; prohibited sales ............................HB 774 Tobacco product manufacturer directory; inclusion.............................................HB 1050 Tobacco product manufacturers; escrow account deposits; payments.................HB 1049 Vermiculture; branch of agricultural industry; define..........................................HB 1101 Weight of vehicles and loads; certain limitations; farm products ........................HB 1235
AIKENS, CLYDE, JR.; commend ........................................................................HR 1020
AIR LAND EMERGENCY RESOURCE TEAM, INTERNATIONAL ALERT ACADEMY; commend .....................................HR 1567
AIR POLLUTION Environmental policy; regulatory decisions; publication requirements................. SB 172 Motor vehicle emissions fund; provide by general law - CA.................................HR 356 Motor vehicle emissions inspections; exempt certain vehicles............................HB 1548 Motor vehicle emissions inspections; remote sensing technology; create fund........................................................................................HB 676 Public road funds; metropolitan planning organizations; formation......................HB 851 Public roads; balancing federal and state funds; certain projects.........................HB 1257 Sales tax; exempt sales of certain pollution control chemicals ..............................HB 141
AIRLINES AND AIRPORTS (See Aviation)
ALAN JACKSON HIGHWAY Designate ..............................................................................................................HR 1310 Designate ................................................................................................................ SR 569 Designate ................................................................................................................ SR 781
ALBANY-DOUGHERTY COUNTY DAY AT STATE CAPITOL; recognize 2/17/04; invite officials to House ....................................HR 1320
ALBERTSON, JERRY; commend .......................................................................HR 1892

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INDEX

ALCOHOLIC BEVERAGES AND ALCOHOLISM Alcoholic beverage sales; certain uniform closing hours; prohibition.................HB 1470 Alcoholic beverages; redefine malt beverage.........................................................HB 645 Alcoholic beverages; state excise taxes; increase...................................................HB 378 Alcoholic beverages; Sunday sales; amend provisions ........................................HB 1471 Bail; driving under the influence; amend release provisions ...............................HB 1166 Beer; single container sales; prohibit where motor fuel is sold..............................HB 110 Drivers' licenses; certain suspension; law enforcement officer's legal representation ................................................................................HB 678 Driving under the influence; additional penalties; victim compensation awards.............................................................................................HB 20 Driving under the influence; chemical testing requests; hospitals receiving state funds ...........................................................................HB 1293 Driving under the influence of alcohol or drugs; refusal to submit to chemical testing; create offense......................................................... SB 13 Driving under the influence; refusal to submit to chemical testing; create offense ..........................................................................................HB 651 Fleeing or eluding police while driving under the influence; felony .....................HB 283 Furnishing alcoholic beverages to persons under 21 without seeing proper identification; rebuttable presumption ..........................................HB 716 House Study Committee on Penalties for Driving Under the Influence Offenses; create................................................................................HR 53 Juvenile traffic offenses; jurisdiction; remove from juvenile court .......................HB 740 Law enforcement officer; disabled in line of duty; retention of weapon and badge ...........................................................................................HB 158 Malt beverages; free tasting; brewery tours; food ................................................HB 1236 Motor vehicles; certain violations; life imprisonment or death................................HB 11 Nuisances; county and municipal abatement powers; unfit buildings ...................HB 474 Probation system; drug and alcohol screening; provisions ..................................HB 1130 Smoking in public places; prohibitions; certain exceptions .................................HB 1670 Substance Abuse and Crime Prevention Act; enact ...............................................HB 603 Tests of certain substances; lab certificates; admission as evidence......................HB 238 Wine shipments; consumers order electronically...................................................HB 154
ALDAY, DR. JAMES M. "BUDDY"; condolences ............................................HR 1885
ALEXANDER, CLIFTON D.; commend.............................................................HR 1970
ALIENS CLEAR Act of 2003; H.R. 2671; urge Congress enact........................................HR 1323 Counties and municipalities; agencies assisting refugees; certain reports ...........HB 1002 Counties and municipalities; resettlement of refugees; certain reports.................. SB 399 Drivers' licenses; redefine "resident"; amend alien provisions ................................HB 12

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Economic Development and Public Safety Act; enact...........................................HB 578 Economic Development and Public Safety Act; enact.........................................HB 1483 Education; state mandated student assessments; exempt
certain international students .................................................................................HB 33 House Study Committee on HB 33; create.............................................................HR 262 Illegal aliens; certain crimes; immigration laws; enforcement.............................HB 1349 Illegal aliens; prohibit receiving state or local services - CA...............................HR 1648 Immigration; urge comprehensive federal reform................................................HR 1375 International Affairs Coordinating Council; create ................................................HB 324 Professional counselors; foreign born, English speaking;
temporary licenses ...............................................................................................HB 625 Public services or benefits; eligibility; citizenship and residency........................HB 1799 Revenue; temporary income tax exemption; database of
special driver's license issuance.........................................................................HB 1309 State and local governments; employment of illegal aliens; prohibit ..................HB 1634
ALIMONY AND CHILD SUPPORT Alimony; length of time and amount; effect of remarriage....................................HB 749 Child support; amend provisions; income deduction order......................................HB 38 Child support; amend provisions; income deduction order....................................HB 149 Child support; guidelines; basic obligation amounts............................................HB 1452 Divorce; grounds; time limits; effect on children; class for parents ...................... SB 298 Driver's license application; child support; additional forms of identification....................................................................................................HB 139 Drivers' licenses; redefine resident; child support; forms of identification............HB 126 Driver's license suspension; noncompliance with child support; reinstatement..........................................................................................HB 872 Economic Development and Public Safety Act; enact...........................................HB 578 Economic Development and Public Safety Act; enact.........................................HB 1483 Financial status of parties; verification.....................................................................HB 21 Juvenile court; jurisdiction; temporary child support for deprived child ...............HB 655 Postmajority child support; certain disabilities; provisions..................................HB 1835
ALLEN, MARK; Butts County's 2004 STAR Teacher; commend.......................HR 1547
ALPHA KAPPA ALPHA DAY Recognize 2/16/04; invite Ferial S. Bishop, National Chair, to House................HR 1070
ALPHA KAPPA ALPHA SORORITY, INC.; commend...................................HR 1653
ALPHARETTA, CITY OF Building authority; create .....................................................................................HB 1831 Mayor and council members; compensation ........................................................HB 1823

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ALPHARETTA FIRE AND EMERGENCY SERVICES; commend...............HR 1929
ALPINE COMMUNITY CHURCH; commend..................................................HR 1024
ALSTON, GORDON; condolences.......................................................................HR 1689
ALTO PARK ELEMENTARY SCHOOL; commend........................................HR 1921
ALTON, PEG; commend.......................................................................................HR 2013
ALVARADO, BRYAN; commend........................................................................HR 1588
ALVIN MITCHELL STREET; designate .............................................................HR 544
AMBULANCES (See Emergencies and Emergency Services)
AMENDMENTS TO THE CONSTITUTION (See Constitutional Amendments)
AMERICAN ACADEMY OF PEDIATRICS Georgia Chapter; commend..................................................................................HR 1881
AMERICAN HEART ASSOCIATION'S "GO RED FOR WOMEN DAY"; observe 2/6/04...............................................................HR 1164
AMERICAN PRIDE THROUGH EDUCATION, INC.; commend .................HR 1545
AMERICAN RED CROSS MONTH Proclaim March, 2004; invite representatives to House.......................................HR 1533
AMUSEMENTS Bona fide coin operated amusement machines; regulation ....................................HB 891 Coin operated amusement machines; amend definitions .........................................HB 75 Coin operated amusement machines; amend definitions .....................................HB 1079 Coin operated amusement machines; revise provisions.........................................HB 573 Coin operated amusement machines; uses of regulatory fees and fines - CA ......................................................................................................HR 618 House Study Committee on Coin Operated Amusement Machines; create ..................................................................................................HR 670
ANATOMICAL GIFTS (Also, see Organ Donors) Drivers' licenses; reduced fees for organ donors; eliminate...................................HB 751 Income tax; exempt certain organ donation expenses ..........................................HB 1410

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Special license plates; organ and tissue donation organizations ..........................HB 1377 Special license plates; organ and tissue donation organizations ............................ SB 542 Special license plates; organ and tissue donation organizations - CA .................HR 1189 Special license plates; promote organ and tissue donation
organizations - CA ............................................................................................... SR 802
ANDERSON, ANDY Commend brave and heroic action at Heritage High School ............................HR 1449
ANIMALS Agriculture Commissioner; retention and use of moneys ......................................HB 569 Assistance dogs; interfering with, assaulting, killing; penalties.............................HB 211 Conform Code references to House and Senate committee names........................HB 846 Counties and municipalities; authorization; pari-mutuel betting and casino gambling - CA .....................................................................HR 1421 Harvest-hunt preserves; authorize and regulate....................................................HB 1651 House Study Committee on Pari-mutuel Betting and Casino Gambling; create....................................................................................HR 1124 House Study Committee on Pari-mutuel Betting on Horse Racing; create............HR 781 Hunting licenses or permits; violations; hunting deer with dogs ........................... SB 406 Liens; treatment, board, or care of animals; change provisions .............................HB 941 Nuisances; companion animal establishments; provisions...................................HB 1429 Pari-mutuel wagering; General Assembly provide by law - CA............................HR 547 Special license plates; revenue dedication; certain nonprofit organizations - CA .............................................................................................HR 1322 Uniform rules; securing vehicle loads; live animal provisions ..............................HB 460 Wild animal permit; exempt Bengal cat .................................................................HB 227
ANNUITIES Individual deferred annuities; nonforfeiture amounts; set rates .............................HB 539
ANTHONY, RONALD "RONNIE" MICHAEL; condolences ...........................HR 953
APPEAL AND ERROR Appeals; certain decisions; exempt zoning and land use cases............................HB 1215 Appeals; judgments and rulings; amend provisions...............................................HB 322 Appeals; postconviction DNA testing; procedure ..................................................HB 599 Appeals; supersedeas bonds and other forms of security; maximum allowable amount................................................................................ SB 411 Attorneys' fees or litigation expenses; certain cases; amend provisions ..............HB 1387 Certiorari and appeals; bill of costs; amend provisions..........................................HB 864 Criminal procedure; demand for trial; service; expiration; appeals ......................... SB 45 Juvenile proceedings; jurisdiction; minors under age 17 .....................................HB 1490

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INDEX

Juvenile proceedings; youthful offenders; amend provisions ................................HB 670 Torts; fees and costs of litigation; recovery............................................................HB 417
APPEALS, COURT OF Appeals; certain decisions; exempt zoning and land use cases............................HB 1215 Appeals; judgments and rulings; amend provisions...............................................HB 322 Appeals; supersedeas bonds and other forms of security; maximum allowable amount................................................................................ SB 411 Attorneys' fees or litigation expenses; certain cases; amend provisions ..............HB 1387 Carrying weapon without a license; exempt certain court clerks.........................HB 1214 Criminal procedure; demand for trial; service; expiration; appeals ......................... SB 45 Debtor and creditor; debt adjustment; amend provisions.......................................HB 369 Joint session; message from Governor; invite Justices and Appellate Judges .................................................................................................. SR 567 Torts; fees and costs of litigation; recovery............................................................HB 417
APPROPRIATIONS AND FISCAL AFFAIRS Annual reports, budgets, audits; notify General Assembly of availability ............ SB 431 Appropriations bills; conference committee changes; amend provisions ............HB 1224 Budget; eliminate continuation report; zero-base budgeting..................................HB 203 Budget; eliminate continuation report; zero-base budgeting...................................... SB 8 Continuation budget reports; agencies justify programs ........................................HB 875 Defense appropriations legislation; urge Congress enact before other spending bills...................................................................................HR 989 Fiscal Note Act; certain bills; require statement upon introduction.........................HB 10 General appropriations; FY 2003-2004..................................................................HB 120 General appropriations; FY 2004-2005................................................................HB 1111 General appropriations; FY 2004-2005................................................................HB 1181 General appropriations; restrict amendments increasing - CA...............................HR 376 General Assembly and Lieutenant Governor; temporary reduction in salary.................................................................................................. SB 76 Governor; appointment of agency heads; qualifications ......................................HB 1275 Indigent defense; state funds; change distribution criteria .....................................HB 788 Joint Budgetary Tracking and Forfeiture Tracking Study Committee; create ................................................................................................HR 264 State agencies; 5 percent shortfall; report in writing to Budgetary Responsibility Oversight Committee ...............................................HB 1691 State Depository Board; authorized deposits and investments.............................HB 1438 State government; taxing and spending powers; limitations - CA .......................HR 1065 Supplemental appropriations; Department of Labor ..............................................HB 647 Supplemental appropriations; FY 2002-2003 ........................................................HB 115 Supplemental appropriations; FY 2002-2003; Department of Corrections ...........HB 119 Supplemental appropriations; FY 2003-2004 ......................................................HB 1109

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Supplemental appropriations; FY 2003-2004 ......................................................HB 1110 Supplemental appropriations; FY 2003-2004 ......................................................HB 1180 Supplemental appropriations; revenue shortfall and mid-year
adjustment reserve .............................................................................................HB 1189 Supplemental appropriations; revenue shortfall and mid-year
adjustment reserve .............................................................................................HB 1207 Treasury and Fiscal Services, Office of; investments; change provisions ...........HB 1517 Treasury and Fiscal Services, Office of; revenue enhancement fund ..................HB 1030
AQUACULTURE Pacific White Shrimp Aquaculture Development Act; enact...............................HB 1766
ARCHAEOLOGY Cemeteries; removal of isolated abandoned burial plots; provisions...................HB 1645 Conservation and natural resources; certain submerged artifacts; authorize collection...............................................................................HB 401 Sales tax exemption; archeological exploration and preservation .........................HB 223 Sales tax exemption; archeological exploration and preservation .........................HB 308
ARCHEBELLE, DONNA; commend...................................................................HR 1219
ARCHITECTS Architecture; registration to practice; amend requirements .................................HB 1167 State licensing board; reduce number of members.................................................HB 597
ARMSTRONG, AUSTIN Condolences; "Austin Armstrong Day"; recognize 3/20/04.................................HR 1587
ARRESTS Crimes and offenses and torts; film piracy; certain immunity ............................... SB 439 Home arrest program; qualifications; supervision; pretrial arrestees.....................HB 272 Home arrest; redefine; pretrial arrestees................................................................. SB 487
ARRINGTON, MAGGIE; condolences ...............................................................HR 1959
ARSON Arson in the first, second, and third degree; define offenses ................................. SB 184
ARTS Hotel-motel tax; consolidated governments; amend provisions ..........................HB 1524 Hotel-motel tax; counties and municipalities; amend provisions.........................HB 1525 Income tax credits; certain motion picture production investments.....................HB 1523 Open meetings; school districts; athletic and fine arts associations.....................HB 1740

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INDEX

Sales tax exemption; certain symphony halls.......................................................HB 1332 Sales tax exemption; certain symphony halls.......................................................HB 1386 Sales tax exemption; certain symphony halls.......................................................HB 1511
ASSAULT AND BATTERY Family violence and stalking offenses; persons convicted; publication of photo ...........................................................................................HB 1259 Female genital mutilation; define offense .............................................................. SB 418 Theft; certain offenses involving commercial vehicles; penalties; fines..............HB 1456
ATHENS VOICES OF TRUTH; commend members.........................................HR 1880
ATHLETE AGENTS State licensing board; reduce number of members.................................................HB 597
ATHLETIC TRAINERS Health Care Protection Act; health care licensing violations; penalties................ SB 162 Licensing; exceptions ...........................................................................................HB 1394
ATLANTA BRAVES AND ATLANTA BRAVES FOUNDATION; invite certain members to House.............................................HR 1775
ATLANTA GAS LIGHT; commend ....................................................................HR 1141
ATLANTA MOTOR SPEEDWAY DAY Designate March 10, 2004....................................................................................HR 1451 Designate second Tuesday in March annually ....................................................... SR 733
ATLANTA, CITY OF Atlanta and Fulton County Recreation Authority; limitation of powers................ SB 230 Atlanta Independent School System; continue under control of Atlanta Board of Education.................................................................HB 681 Atlanta-Fulton County Local Government Restructuring Study Commission; create .................................................................................HR 1188 City court; repeal Act re-creating; transfer functions to municipal court .............. SB 497 Homestead exemption; base year assessed value ................................................... SB 613 House Atlanta-Fulton County Local Government Restructuring Study Committee; create.............................................................HR 1576 House Study Committee for the Transfer of Operations of Hartsfield Atlanta International Airport; create ..............................................HR 915 Joint Study Committee on the Rehabilitation of the Winecoff Hotel; create.........................................................................................HR 529 Library system; specify name; membership........................................................... SB 231

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4169

MARTA; eligible to use certain funds; repeal prohibition...................................HB 1317 Metropolitan Atlanta area criminal gang policy and review
committee; urge creation ...................................................................................HR 1569 Municipal court; amend provisions ........................................................................ SB 498 Power substation in residential neighborhood; urge Georgia
Power consult with residents ...............................................................................HR 256 Proposal for September 2006 Start of Commuter Rail from
Lovejoy on the Macon Line to Atlanta; express support...................................HR 1324 Regional Commission on Homelessness; create ..................................................HB 1652 State court; additional penalties; use of funds ........................................................HB 943 Traffic court; additional penalties...........................................................................HB 738
ATLANTIC SOUTHEASTERN AIRLINES; commend....................................HR 1716
ATTORNEY GENERAL Authority; prosecution of certain persons .............................................................. SB 424 Drivers' licenses; certain suspension; law enforcement officer's legal representation ................................................................................HB 678 Religious heritage; recognize; prepare documents; counties display...................HB 1537 Senior Protection Advisory Council; create .........................................................HB 1250 Tobacco product manufacturer directory; inclusion.............................................HB 1050
ATTORNEYS Attorneys' fees or litigation expenses; certain cases; amend provisions ..............HB 1387 Bail bond business; allow attorneys to indirectly engage in but not manage...................................................................................................HB 1206 Child custody; attorneys' fees and litigation expenses ...........................................HB 507 Civil actions; fees and costs; assessed against losing plaintiff.............................HB 1256 Class action lawsuit process; urge Congress to reform ........................................HR 1201 Criminal trials; prosecuting attorney; open and conclude arguments to jury ................................................................................................. SB 414 Debtor and creditor; debt adjustment; amend provisions.......................................HB 369 District attorneys emeritus; compensation; increase ................................................HB 55 Drivers' licenses; certain suspension; law enforcement officer's legal representation ................................................................................HB 678 Education loans; repayment assistance; public interest lawyers ..........................HB 1607 Employees' Retirement; assistant district attorneys; credit for certain previous service..................................................................................HB 292 Frivolous Litigation Prevention Act; enact ..........................................................HB 1803 Frivolous Litigation Prevention Act; enact ............................................................HB 775 Frivolous Litigation Prevention Act; enact ..........................................................HB 1400 Juvenile justice reform; training programs; pretrial proceedings; indictment.....................................................................................HB 1299

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4170

INDEX

Pardons and paroles; notification of decision.........................................................HB 582 State Bar; jury trial before disbarment; repeal option ..........................................HB 1648 Torts; damages; attorneys' fees.............................................................................HB 1340 Torts; medical malpractice; limit attorneys' fees..................................................HB 1813 Trial juries; state and defense; equal peremptory strikes .......................................HB 299 Trials; continuance; certain judicial service in another court...............................HB 1455
AUCTIONEERS State licensing board; reduce number of members.................................................HB 597
AUDITS AND AUDITORS Annual reports, budgets, audits; notify General Assembly of availability ............ SB 431 Audits and Accounts, Department of; performance audits ....................................HB 159
AUGUSTA ALUMNI CHAPTER OF KAPPA ALPHA PSI FRATERNITY; commend ..................................................................................HR 1872
AUGUSTA STATE UNIVERSITY LADY JAGUARS BASKETBALL TEAM; commend ....................................................................HR 1868
AUGUSTA, CITY OF Augusta Canal Authority; redefine project area ..................................................... SB 617 Richmond County and City of Augusta; commission; votes .................................HB 635
AUSBY, THOMAS; condolences..........................................................................HR 1415
AUTHORITIES Community Streetcar Development and Revitalization Act; enact........................ SB 516 Employees' Retirement; certain Housing and Finance Authority employees; service payment .............................................................HB 1237 Fair housing authorities; subpoena power to investigate complaints.....................HB 393 Gateway Regional Information Center, Inc.; Cobb County public rest stops ...................................................................................................HB 916 Georgia Emergency Management Agency; state government safety plans; exemptions......................................................................................HB 632 Georgia Hospital Insurance Authority; create ......................................................HB 1028 Georgia Medical Center Authority; administrative assignment............................. SB 485 Hospital Insurance Authority Act; enact ................................................................HB 776 Hotel-motel tax; define certain authorities .............................................................HB 545 House Georgia Technology Authority Study Committee; create.........................HR 1760 Joint development authorities; county membership in more than one; prohibit certain tax credit ..................................................................... SB 444

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INDEX

4171

Local government entities and state authorities; timely payment for goods and services...........................................................................HB 374
Office of Treasury and Fiscal Services; additional powers and duties ................HB 1089 Open meetings and records; exemption; Georgia Sports
Hall of Fame Authority......................................................................................HB 1638 Public roads and Georgia Regional Transportation Authority;
repeal allocation of funds.....................................................................................HB 212 Public transportation; corporation or authority; General
Assembly create - CA ..........................................................................................HR 818 Roadside beautification; public rights of way; provisions .....................................HB 180 State government; permits; bond requirements ...................................................... SB 524 State Road and Tollway Authority; certain SR 400 tolls; restrict usage................HB 218 State Road and Tollway Authority; use of tolls .......................................................HR 66 Stone Mountain Memorial Association; members; requirements ........................HB 1014 Student Finance Authority; editorial changes; certain definitions .......................HB 1547 Superior Court Clerks' Cooperative Authority; fees and
records; extend sunset dates.................................................................................HB 810 Transportation Infrastructure Bank Act; enact .....................................................HB 1136 Violation of certain ordinances; increased jail time ...............................................HB 879 War on Terrorism Local Assistance Act; enact......................................................HB 595
AVIATION Ad valorem tax; authorize special methods; certain aircraft - CA .........................HR 323 Ad valorem tax; special class; antique aircraft - CA ..............................................HR 527 Airports receiving state financial assistance; certain repayment............................HB 886 Arson in the first, second, and third degree; define offenses ................................. SB 184 Emergency safety plans; unified incident command system; Airport Anti-Terrorism Training Committee....................................................... SB 243 House Study Committee for the Transfer of Operations of Hartsfield Atlanta International Airport; create...................................................HR 915 Major Airport Operations Act; enact....................................................................HB 1062 Public assistance; medical helicopter transportation; prohibit age discrimination..............................................................................................HB 1417 Regional airport; Butts County; feasibility study ................................................... SR 589 Sales tax exemption; overhead materials; certain government contractors..........HB 1238 State capitol building in each state; urge Federal Aviation Administration restrict airspace ...........................................................................HR 148
AYERS, JERE; commend .....................................................................................HR 1923

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4172

INDEX

B
BABCOCK, JONATHAN MICHAEL; commend..............................................HR 1408
BACON COUNTY James Virgil Johnson Bridge; recognize honorary designation ...........................HR 1365
BAHAMA JOE'S; commend.................................................................................HR 1105
BAIL (BONDS AND RECOGNIZANCES) Appearance bonds; judgments..............................................................................HB 1006 Bail bond business; allow attorneys to indirectly engage in but not manage...................................................................................................HB 1206 Bondsmen; allow service as certain elected officials ...........................................HB 1086 Bondsmen relying on accuracy of certain records; immunity................................HB 990 Driving under influence; amend release provisions .............................................HB 1166 Family violence offenses; clarify bond conditions...............................................HB 1489 Remove court's discretion for certain persons........................................................HB 918 Sheriffs engaging in certain businesses; violation of oath of office.......................HB 415 Sureties and forfeitures; amend provisions ..........................................................HB 1007
BAILEY, JOHN, JR. Commend brave and heroic action at Heritage High School ...............................HR 1449
BAKER, EMMA LOIS HATCHELL; commend................................................HR 2009
BAKER, GEORGE WASHINGTON, SR.; commend........................................HR 2010
BALFOUR, HONORABLE DON; communications ................................ Pages 352, 353
BALL GROUND, CITY OF; corporate limits......................................................HB 1756
BANKING AND FINANCE Business corporations; update provisions .............................................................. SB 532 Commercial Code and motor vehicles; certain transactions between dealer and owner ...................................................................................HB 221 Common Sense Civil Justice Reform Act; enact.................................................... SB 133 Crimes; opening certain accounts using minor's social security number; define offense.........................................................................HB 1285 Crimes; payday lending, deferred presentment services, advance cash services, certain small loans; violations; penalties........................ SB 157 Deferred Presentment Services Act; enact ...........................................................HB 1713 Fair Lending Act; amend provisions ......................................................................HB 142

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4173

Fair Lending Act; points and fees; exclude funding fees for USDVA loans.................................................................................................HB 146
Fair Lending Act; repeal.........................................................................................HB 170 Fair lending practices; amend provisions .............................................................HB 1171 Fair lending; redefine points and fees; exclude certain fees.....................................HB 82 Financial institutions; amend provisions ................................................................ SB 405 Financial institutions; disclosure of certain information;
consumer's consent required ................................................................................HB 184 House Study Committee on Lending and Financial Services; create.....................HR 703 Industry, Trade, and Tourism, Department of; change name...............................HB 1529 Interest and usury; commercial accounts; maximum rate ......................................HB 686 Lifetime and retirement savings accounts; urge Congress enact..........................HR 1187 Mortgage loan officers; definitions and provisions..............................................HB 1385 State Depository Board; authorized investments; amend provisions ..................... SB 501 Theft; certain fiduciaries; increased penalties ......................................................HB 1463
BANKRUPTCY Condominiums; clarification of provisions ............................................................HB 210 Exemptions from levy and sale; increase homestead exemption .........................HB 1479 Exemptions from levy and sale; increase homestead exemption .........................HB 1532 Property Owners' Association Act; change certain provisions; clarify applicability ..............................................................................................HB 208
BANKS, CARRINGTON; commend....................................................................HR 1659
BANKS, LEWIS; commend ..................................................................................HR 2008
BARBER, JONATHAN; 4-H honoree; commend..................................................HR 998
BARBER, RAY W.; condolences..........................................................................HR 1982
BARBERS Apprentices; supervision ......................................................................................HB 1359 State licensing board; reduce number of members.................................................HB 597
BARNES, COACH GERALD; commend ............................................................HR 1430
BARROW COUNTY Atlanta Regional Commission; certain counties; ratify partial incorporation...........................................................................................HR 1308 Board of elections and registration; create ...........................................................HB 1716
BARTON, JANICE; commend .............................................................................HR 1218

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4174

INDEX

BARTOW COUNTY Atlanta Regional Commission; certain counties; ratify partial incorporation...........................................................................................HR 1308 Convey property ..................................................................................................... SR 652
BATTAGLIA, MATTHEW Commend brave and heroic action at Heritage High School ...............................HR 1449
BATTERY D OF THE 214TH COAST ARTILLERY ANTI-AIRCRAFT REGIMENT; recognize men who served..........................HR 1585
BATTLEFIELD PARKWAY Dedicate portion to memory of Baxter Shavers .....................................................HR 591 Dedicate portion to memory of Baxter Shavers ..................................................... SR 866
BAXTER, REVEREND WILLARD; commend .................................................HR 1087
BEASLEY, JOSEPH H.; commend......................................................................HR 1903
BEATY, DR. JAMES W. AND ANITA L.; commend........................................HR 1905
BEAVER, HAL; commend ....................................................................................HR 1963
BEER (See Alcoholic Beverages and Alcoholism)
BELL, CLAY FINN; condolences ........................................................................HR 1612
BELL, GREGORY STAUFFER; commend........................................................HR 1248
BENJAMIN E. MAYS HIGH SCHOOL RAIDERS BASKETBALL TEAM; invite to House............................................................HR 1649
BENNETT, RAE NELL; commend......................................................................HR 1715
BENSON'S, INC.; commend .................................................................................HR 1277
BERL, SCOTT D.; commend................................................................................HR 1502
BETHLEHEM, TOWN OF; municipal court; provisions...................................... SB 548
BIBB COUNTY; board of education; school tax provisions.................................HB 1700

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4175

BICYCLES Highways; transportation facilities; bicycles and passenger trains ......................HB 1465 Special license plates; "Share the Road" message; motorists and bicyclists........................................................................................................ SB 283 Traffic offenses; certain right of way violations; penalties ..................................HB 1155
BILL CONN PARKWAY; designate ...................................................................HR 1440
BILLY JILES MEMORIAL HIGHWAY Designate ..............................................................................................................HR 1315 Designate ................................................................................................................ SR 293 Designate ................................................................................................................ SR 829
BINGO Fee for conducting games; increase..........................................................................HB 87 Operation by auxiliary unit of parent organization ................................................HB 772 Operation of games; auxiliaries .............................................................................. SB 492
BIOTERRORISM (See Terrorism)
BIRDSONG, HONORABLE KEN W.; commend ..............................................HR 2016
BLAIRSVILLE SCOTTISH FESTIVAL AND HIGHLAND GAMES; commend ......................................................................HR 1746
BLASTING Utility facilities protection; amend provisions .....................................................HB 1352
BLIND PERSONS (See Handicapped Persons)
BLOOMINGDALE, CITY OF Corporate limits ......................................................................................................HB 999 Homestead exemption; unremarried surviving spouse.........................................HB 1728
BLOUNT, MAJOR GENERAL BUFORD C., III; invite to House...................HR 1017
BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Children of certain officers; tuition-free college; General Assembly provide by law - CA .............................................................................HR 26 Children of deceased POST officers; urge free college tuition................................HR 23 Colleges and technical schools; textbooks in electronic format.............................HB 712 Colleges; certain bookstores; textbooks; maximum price....................................HB 1368
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4176

INDEX

Education accountability; comprehensive revision of provisions; Office of Student Achievement ........................................................ SB 248
Health, education, and social services; certain boards and councils; amend provisions................................................................................HB 1266
HOPE scholarships; eligibility; academic performance review...........................HB 1369 HOPE scholarships; eligibility; amend provisions.................................................HB 706 HOPE scholarships; eligibility; entering freshmen ..............................................HB 1271 Power; subject to General Assembly and Governor - CA......................................HR 622 Public funds; certain write-offs; Department of Technical
and Adult Education ..........................................................................................HB 1582 Sales tax exemption; athletic event tickets; University System .............................HB 251 Seed-Capital Fund; comprehensive revision of provisions ..................................HB 1507 Special license plates; colleges or universities; amend provisions ........................HB 902 Student Finance Authority; editorial changes; certain definitions .......................HB 1547 Teachers Retirement; certain prior service in public schools; credit .....................HB 345 Teachers Retirement; university system employees; optional plan ....................... SB 253 Tuition equalization grants; part-time students; certain
HOPE scholarships ..............................................................................................HB 342 University System; required textbooks; use for six semesters .............................HB 1434 University System; urge Board of Regents to retain textbooks
for 6 semesters ...................................................................................................HR 1344 University System; urge reduction in student fees ...............................................HR 1037 Urge expansion of teacher education program .......................................................HR 601 Urge inclusion of a professor on board ................................................................HR 1816
BOATRIGHT, ANTHONY DEJUAN Designate Senate Bill 24 as "Juan's Law" ............................................................HR 1773
BOATS Ad valorem tax exemption; recreational boats; referendum ................................HB 1140 Ad valorem tax exemption; recreational boats; $75,000 of assessed value ...........HB 696 Ad valorem tax; recreational boats; exempt certain amount ..................................HB 123 Cumberland Island; access to wilderness section; urge action to support..............HR 778 Feticide; redefine; manslaughter, assault, battery; define unborn child...............HB 1458 Natural Resources; conservation rangers; powers; watercraft inspection............HB 1185 Sales tax; exempt certain sales; chartered boats.....................................................HB 349 Self-service storage; redefine personal property; disposition of unclaimed property.......................................................................................... SB 403
BOAZ, JONATHAN; commend ...........................................................................HR 1832
BOB FULTON MEMORIAL HIGHWAY; designate........................................HR 1460
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4177

BOCINSKY, KYLE; commend.............................................................................HR 1735
BOGART, CITY OF; commend ...........................................................................HR 1280
BOHANNON, ELLEN; commend ........................................................................HR 2012
BONDS Appeals; supersedeas bonds and other forms of security; maximum allowable amount................................................................................ SB 411 Bail bondsmen; allow service as certain elected officials ....................................HB 1086 Bonds and recognizances; appearance bonds; judgments ....................................HB 1006 Bonds and recognizances; sureties and forfeitures; amend provisions ................HB 1007 Bondsmen relying on accuracy of certain records; immunity................................HB 990 Bonds; qualified interest rate management agreement........................................... SB 515 Firearms dealers; regulation authority; license provisions; surety bonds .............. SB 528 Revenue bonds; issuance of obligations; amend provisions ..................................HB 766 Revenue bonds; redefine undertaking; remove certain referendum requirement.......................................................................................HB 689 State and local governments; tax allocation, redevelopment, general obligation bonds...................................................................................... SB 514 State government; permits; bond requirements ...................................................... SB 524
BONEY, ROBERT STEPHEN "BOB"; commend ............................................HR 1186
BOONE, ANDREA L.; commend .........................................................................HR 1949
BORDEAUX, HONORABLE TOM Committee assignment....................................................................................... Page 2467 Communication.................................................................................................. Page 1106
BOSTWICK, CITY OF; commend ......................................................................HR 1296
BOWEN, ALMA KENNEDY; The Times of Gainesville; commend..................HR 1790
BOWMAN, CITY OF; city council; mayor; amend provisions ...........................HB 1801
BOWMAN, JAMES A. "JIMMY"; condolences ................................................HR 1292
BOXING Athletic and Entertainment Commission; amend provisions .................................HB 558
"BOY SCOUT DAY IN GEORGIA"; recognize 3/15/04...................................HR 1584

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4178

INDEX

BOY SCOUT TROOP 383; commend..................................................................HR 1623
BOYLE, DAVID C.; commend .............................................................................HR 1478
BOYS AND GIRLS CLUBS Certain members; British Consulate-General; certain English teens; commend; invite to House.......................................................................HR 1321
BRADBERRY, DAVID; commend.......................................................................HR 1777
BRADSHAW, CHARLES; commend ..................................................................HR 1602
BRALLEY, JAMES R. "JIM"; commend...........................................................HR 1918
BRANAN, JIMMY; commend ..............................................................................HR 1220
BRANSON, CHIEF WARRANT OFFICER RICHARD; condolences............HR 1822
BRANTLEY COUNTY; residential waste; advisory referendum ........................HB 1816
BRANTLEY COUNTY SCHOOL NUTRITION PROGRAM; commend .......................................................................................HR 1366
BRANTLEY COUNTY'S FFA FORESTRY TEAM Commend; invite Buck Taylor to House..............................................................HR 1075 Commend; invite Erin Vickers to House..............................................................HR 1073 Commend; invite Hampton Ammons to House ...................................................HR 1072 Commend; invite Jerrin Flowers to House ...........................................................HR 1074 Commend; invite Richard Gill to House ..............................................................HR 1076
BREEDEN, DR. KENNETH H.; invite to House ................................................HR 1316
BRIDGES (See Highways, Bridges, and Ferries)
BRIGHAM, MATTHEW PAUL AND ASHLEY ELIZABETH WEST; commend ........................................................................HR 1299
BRINSON, CAPTAIN JUDSON B.; condolences ...............................................HR 1967
BROCK, PATRICK THOMAS; commend .........................................................HR 1148
BROOKLET, CITY OF; new charter...................................................................HB 1127

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4179

BROOKVIEW ELEMENTARY SCHOOL AMBASSADORS; commend .............................................................................HR 1293
BROOME, HONORABLE HUGH; committee assignment................................. Page 33
BROWN BROTHERS SAND COMPANY; commend.......................................HR 1748
BROWN, GLEN ANDREW; commend ...............................................................HR 1977
BROWN, JAMES; commend ..................................................................................HR 962
BROWN, JOE AND LOYCE; commend .............................................................HR 1804
BROWN, STEVE; commend.................................................................................HR 1202
BROWNLEE, ANGELA; commend.....................................................................HR 1156
BROWNLEE, TAD; commend .............................................................................HR 1985
BRUTON SMITH PARKWAY Designate ..............................................................................................................HR 1314 Designate ..............................................................................................................HR 1341
BRYAN COUNTY Certain referendum; urge board of commissioners express position ...................HR 1817
BRYANT, JOHN DANIEL; commend.................................................................HR 1779
BUCKHEAD CHAPTER OF AARP; invite to House ........................................HR 1438
BUCKHEAD, CITY OF; commend......................................................................HR 1279
BUCKNER, HONORABLE GAIL; committee assignment................................. Page 29
BUDGET (See Appropriations and Fiscal Affairs)
BUFORD HIGH SCHOOL WOLVES FOOTBALL TEAM Commend..............................................................................................................HR 1247 Invite coaches and players to House.....................................................................HR 1200
BUILDINGS AND HOUSING Arson in the first, second, and third degree; define offenses ................................. SB 184 Building permits; certain recipients; continuing education..................................HB 1313

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4180

INDEX

Construction defects; alternative dispute mechanism ............................................ SB 563 Crimes; improvements to real property; certain contract offenses.......................HB 1389 Employees' Retirement; certain Housing and Finance
Authority employees; service payment .............................................................HB 1237 Environmentally sound new housing; construction
requirements; certification ...................................................................................HB 410 Fair housing authorities; subpoena power to investigate complaints.....................HB 393 Fair Lending Act; amend provisions ......................................................................HB 142 Fair Lending Act; points and fees; exclude funding fees
for USDVA loans.................................................................................................HB 146 Fair Lending Act; repeal.........................................................................................HB 170 Fair lending; redefine points and fees; exclude certain fees.....................................HB 82 Georgia Arbitration Code; applicability; home builder's warranty ......................HB 1018 House Energy Efficient Homes Study Committee; create .......................................HR 64 Housing; certain federal programs; fraud and abuse cases..................................... SB 510 Income tax credits; home improvements and community
improvement districts ..........................................................................................HB 543 Joint Mold Standards Study Committee; create .......................................................HR 52 Landfill sites; used for certain construction; required tests....................................HB 495 Local governments; land use regulations; housing resources ..............................HB 1624 Low income building projects; separate classification; ad
valorem taxes CA............................................................................................HR 1095 New residential subdivisions; restrictive covenants; applicability.........................HB 389 Nuisance abatement liens and tax liens; collection; tax
sales; certain foreclosures .................................................................................... SB 182 Nuisances; county and municipal abatement powers; unfit buildings ...................HB 474 Plumbing code; gray water recycling systems appendix; enforcement....................HB 35 Plumbing fixtures; water flow ..............................................................................HB 1467 Property insurance; warranty service agreements; surety bonds..........................HB 1737 Redevelopment commissions; local authority of certain
property; jurisdiction retroceded by federal government .................................... SR 858 Redevelopment; tax allocation districts; amend certain provisions .....................HB 1510 Redevelopment; tax allocation districts; amend certain provisions .....................HB 1639 Residential and General Contractors, State Licensing Board; create...................HB 1003 Roofing contractors; regulation ............................................................................HB 1037 State and local governments; tax allocation, redevelopment,
general obligation bonds...................................................................................... SB 514 State buildings; comply with Leadership in Energy and
Environmental Design Green Building Rating System standards.......................HB 127 State minimum codes for construction; amend provisions..................................... SB 550 Towers, Admiral John Henry; authorize placement of
portrait in state capitol ......................................................................................... SR 942 Uniform Standards Code for Manufactured Homes Act; enact ...........................HB 1174

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4181

BUNN, HONORABLE BARBARA; commend ...................................................HR 1848
BUNN LOGGING, INC.; commend .....................................................................HR 1876
BURGLARY AND ARMED ROBBERY Interfering with electronic monitoring devices; define offense ...........................HB 1160 Persons convicted of certain offenses entering certain property; criminal trespass...................................................................................HB 364
BURKE COUNTY; grant easement ........................................................................ SR 651
BURKE j VETERANS PARKWAY Designate; honor military veterans of Burke County...........................................HR 1035 Designate; honor military veterans of Burke County...........................................HR 1262 Designate; honor military veterans of Burke County............................................. SR 184
BUSINESS AND OCCUPATION TAX Adult bookstores and entertainment outlets and explicit media outlets .................HB 964 Assisted living facilities; designation; provisions ................................................HB 1466 Assisted living facilities; Levels I and II; provisions ...........................................HB 1033 Certain construction permits; mail or electronic means .......................................HB 1598 Certain exemption; Department of Veterans Service ...........................................HB 1445 Excise tax; motor vehicle rentals; amend definitions...............................................HB 70 Excise tax; motor vehicle rentals; amend definitions...........................................HB 1080 Excise tax; motor vehicle rentals; gradual elimination ........................................HB 1283 Hotel-motel tax; amend certain definitions ..........................................................HB 1072 Hotel-motel tax; amend definitions ..........................................................................HB 69 Hotel-motel tax; consolidated governments; amend provisions ..........................HB 1524 Hotel-motel tax; continuation; audits; review board; reports...............................HB 1201 Hotel-motel tax; counties and municipalities; amend provisions.........................HB 1525 Hotel-motel tax; create review board; amend certain provisions.........................HB 1404 Hotel-motel tax; create review board; amend certain provisions.........................HB 1415 Hotel-motel tax; define certain authorities .............................................................HB 545 Hotel-motel tax; define certain convention and bureau authorities......................HB 1029
BUTTS COUNTY Board of elections and registration; create ...........................................................HB 1164 Regional airport; feasibility study .......................................................................... SR 589
BYNUM, GORDON, JR.; condolences ................................................................HR 1926

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4182

INDEX

C
C. L. MAPP BRIDGE; designate .......................................................................... HR 1455
CABLE TELEVISION Underground cable; installation requirement ....................................................... HB 1625 Providers; local governments; franchising provisions ............................................SB 445
CALLAWAY, CASON J., JR. Callaway Blue Springs Water Company; commend ............................................ HR 1326
CAMDEN COUNTY HIGH SCHOOL WILDCATS FOOTBALL TEAM; commend ......................................................................... HR 1722
CAMPAIGN AND FINANCIAL DISCLOSURE Campaign contributions; applicants for judgeships; prohibitions .......................... HB 160 Campaign contributions; certain judgeships; disqualification ............................... HB 155 Campaign contributions; disposition and disclosure; requirements....................... HB 163 Code of ethics for government service; lobbying, nepotism, gifts, campaign contributions; comprehensive revision of provisions .................SB 108 Ethics; disclosure reports and delivery envelopes; file together .......................... HB 1262 Ethics; disposition of excess campaign contributions ...............................................SB 82 Ethics; distribution of campaign contributions; ordinary and necessary expenses ...............................................................................................SB 338 Ethics in government; amend provisions................................................................ HB 771 Ethics in government; comprehensive reforms .......................................................SB 168 Ethics in government; comprehensive revisions of provisions ..............................SB 517 Ethics reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments .....................................SB 109 Ethics; required filings; keep envelope or wrapper with report ............................. HB 278
CANALE, TAMI; commend ................................................................................. HR 1849
CANDIDATES Campaign contributions; applicants for judgeships; prohibitions .......................... HB 160 Campaign contributions; certain judgeships; disqualification ............................... HB 155 Campaign contributions; disposition and disclosure; requirements....................... HB 163 Candidates for nonjudicial offices in nonpartisan election; provisions.................. HB 408 Elected officials; party affiliation; certain prohibition - CA .................................... HR 89 Elections; candidate qualification challenges; amend provisions ........................ HB 1142 Elections; political party candidates; nominate by plurality vote ............................ HB 27 Electronic recording voting systems; voter-verifiable audit trail; permanent paper records ..............................................................................SB 500

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4183

Ethics; Code of Fair Campaign Practices; provisions .......................................... HB 1769 Ethics; disposition of excess campaign contributions ...............................................SB 82 Ethics; distribution of campaign contributions; ordinary
and necessary expenses.........................................................................................SB 338 Ethics in government; comprehensive reforms .......................................................SB 168 Ethics reforms; public officials' conduct and lobbyist
disclosure; awarding of contracts to vendors; judicial appointments...................SB 109 Ethics; required filings; keep envelope or wrapper with report ............................. HB 278 High school diploma; requirement to hold state office - CA ............................... HR 1117 Voter Choice and Election Access Reform Act of 2003; enact ............................. HB 355 Voter registration; declare political party; primaries;
vote declared party ballot only .............................................................................. HB 28
CANDLER COUNTY Probate judge; nonpartisan elections .................................................................... HB 1619 Public building authority; create........................................................................... HB 1811
CARDELL, JEFF; commend ................................................................................ HR 1269
CARLTON, JEAN; commend............................................................................... HR 1155
CARNESVILLE, CITY OF; new charter............................................................. HB 1794
CARPENTER, MEG; commend........................................................................... HR 2024
CARPENTER, ROB; commend............................................................................ HR 1426
CARPENTER, ROBERT GAINES, JR.; commend ........................................... HR 1513
CARRIAGE TRADE PUBLIC RELATIONS AND MARJORIE YOUNG; commend....................................................................... HR 1710
CARROLL COUNTY Board of elections; amend provisions .....................................................................SB 589 Education districts; reapportion............................................................................ HB 1795 Western Area Regional Radio System Authority; create ..................................... HB 1715
CARROLLTON, CITY OF Board of education; independent school system .................................................. HB 1752 School tax levy; provisions................................................................................... HB 1830 School tax levy; referendum....................................................................................SB 631

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4184

INDEX

CARROLLTON HIGH SCHOOL COMPETITIVE CHEERLEADING SQUAD; invite team and coaches to House ...................... HR 1319
CARSON, NANCY K.; commend......................................................................... HR 1973
CARTER, HONORABLE JAMES EARL "JIMMY", JR. Commend and invite to House ................................................................................. HR 30
CARTER, JAMES Mayor of Woodland; commend; recognize 2/22/04 as "James Carter Day"............................................................................................ HR 1335
CARTER, WILLIAM O.; condolences ................................................................ HR 1609
CARTERSVILLE/BARTOW CHAMBER OF COMMERCE DAY; recognize 3/2/04 ............................................................... HR 1289
CASH, JOY L.; commend ..................................................................................... HR 1482
CATOOSA COUNTY Board of education; partisan elections ....................................................................SB 499 Superior court clerk; clerical allowance ............................................................... HB 1439 Tax commissioner; clerical allowance ................................................................. HB 1440
CAWTHON, HERMAN; commend ..................................................................... HR 1116
CAWTHON, REVEREND CLARENCE; commend.......................................... HR 1209
CEDARTOWN, CITY OF Corporate limits .................................................................................................... HB 1590 Recognize 150th anniversary................................................................................ HR 1183
CEMETERIES Appeals; certain decisions; exempt zoning and land use cases............................ HB 1215 Removal of isolated abandoned burial plots; provisions...................................... HB 1645
CENTENNIAL BAPTIST CHURCH AND REVEREND WILBURN M. HILL; commend ........................................................................ HR 1304
CENTRAL EDUCATIONAL CENTER, NEWNAN; commend....................... HR 1670
CERTAIN, MICHAEL JAMES; commend......................................................... HR 1599
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4185

CERTIFICATE OF NEED Injectable medications administered in home; certain exemptions...................... HB 1785 Misinterpretation of Code Section 31-6-2(14)(G)(iii); urge Department of Community Health correct regulation ......................................... HR 619
CERTIFICATE OF TITLE (See Motor Vehicles and Traffic)
CERTIFIED CAPITAL COMPANIES Insurance premium tax credits; certified capital companies; repeal provisions .................................................................................................. HB 549
CHAFIN, LAFE COMPTON; condolences......................................................... HR 1149
CHAMBERS, CULLEN; Tybee Island Historical Society; commend................. HR 1708
CHAMBLEE, CITY OF, ITS CITIZENS, AND CHAMBLEE COMMUNITY WILDLIFE HABITAT COMMITTEE; commend.............. HR 1813
CHAMBLISS, HONORABLE SAXBY; invite to House...................................... HR 241
CHAMBLISS, NERISSA; commend.................................................................... HR 1483
CHANNELL, HONORABLE MICKEY; committee assignment ........................ Page 36
CHAPLAINS, HOUSE OF REPRESENTATIVES Alford, Sr., Reverend Anthony M. ......................................................................Page 2567 Brown, Reverend Olujimi......................................................................................Page 241 Bordeaux, Reverend Nelle McCorkle .................................................................Page 1056 Byrd, Roger..............................................................................................................Page 58 Carroll, Reverend John B. ...................................................................................Page 1183 Davis, Reverend Douglas, III ..............................................................................Page 1284 Elder, Dr. James C., Jr. ..........................................................................................Page 757 Elkins, Dr. Russ .......................................................................................................Page 40 Gaddis, Dr. Todd .....................................................................................................Page 80 Grant, Reverend Charles......................................................................................Page 2905 Guido, Dr. Michael ................................................................................................Page 445 Haney, Reverend John A. ....................................................................................Page 1382 Haynes, Reverend Porky .......................................................................................Page 326 Heckstall, Reverend Shaun D. ...............................................................................Page 684 Hill, Reverend Wilburn M.....................................................................................Page 179 Hocker, Reverend Daniel R.................................................................................Page 3076 Hope, Dr. Winfred ...............................................................................................Page 1330 Jackson, Apostle Nathaniel, Sr. .............................................................................Page 359

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4186

INDEX

Kelly, Reverend Sharen .........................................................................................Page 864 Kirby, Dr. F. Hugh...............................................................................................Page 2646 Laughner, Dr. David C. .........................................................................................Page 109 Lee, Reverend Portia Wills..................................................................................Page 1815 Lee, Reverend Richard Mark...............................................................................Page 1141 Lindsey, Dr. Robin L. ..........................................................................................Page 1231 McKinney, Reverend Hugh .................................................................................Page 2561 McNabb, Captain Jerry E. .....................................................................................Page 829 Parris, Reverend Danny H. ..................................................................................Page 2074 Powell, Bishop Victor L. .....................................................................................Page 2435 Shipman, Reverend James C. ..............................................................................Page 3481 Smith, Reverend E. Dewey, Jr...............................................................................Page 719 Stephens, Dr. B. Wiley ..........................................................................................Page 159 Stephens, Reverend J. Brian ..................................................................................Page 918 Stone, Reverend Mike ...........................................................................................Page 405 Turner, Reverend Rodney K................................................................................Page 1445 Virgil, Reverend Emory ......................................................................................Page 1105 Walker, Dr. Richard...............................................................................................Page 647 White, Dr. R. L. ...................................................................................................Page 1611 Wiggins, Darius Ray............................................................................................Page 1711 Wood, Reverend Milton L.....................................................................................Page 955 Wright, Reverend Canon Robert C........................................................................Page 271
CHAPMAN, GARY MATTHEW "MATT"; commend .................................... HR 1928
CHARITIES AND CHARITABLE SOLICITATIONS Agent registration; amend ...................................................................................... HB 472 Defense of Scouting Act; enact ................................................................................ HB 37 Public funding of social services by certain organizations; exception - CA ................................................................................................... HR 1030 Public funding of social services by religious or sectarian institutions; allow CA ..................................................................................... HR 1535 Public funding of social services by religious or sectarian organizations CA ...................................................................................................SR 1 Public funding of social services by religious or sectarian organizations; prohibit discrimination CA ....................................................... HR 941 Public funding of social services by religious or sectarian organizations; prohibit discrimination CA ........................................................SR 560 Public funding; social services by certain religious or sectarian institutions; exceptions ...................................................................................... HB 1761 Public funding; social services by religious organizations - CA.......................... HR 1457 Sales tax exemption; nonprofit organizations providing child services............... HB 1744 Special license plates honoring Masons; revenue provisions............................... HB 1041

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4187

Special license plates promoting charitable organizations; provisions - CA.................................................................................................... HR 857
Special license plates; Boy Scouts of America ...................................................... HB 205 Special license plates; Boy Scouts of America ...................................................... HB 280 Special license plates; revenue dedication; certain
nonprofit organizations - CA ............................................................................. HR 1322 State employees; payroll deductions; certain federated
charitable organizations ........................................................................................SB 584 Teacher salary supplements; certain donations - CA ................................................. HR 3
CHARLTON COUNTY Commend on 150th anniversary........................................................................... HR 1113 State court; create ................................................................................................. HB 1498
CHASTAIN, SERGEANT CARROLL; commend ............................................. HR 1772
CHATHAM COUNTY Board of elections; numbered posts...................................................................... HB 1717 Chatham County and City of Savannah; homestead exemption; unremarried surviving spouse......................................................... HB 1731 Commissioner districts; reapportion........................................................................SB 465 Convey property ......................................................................................................SR 652 Grant easements.......................................................................................................SR 651 Homestead exemption; unremarried surviving spouse......................................... HB 1733 Lease property .........................................................................................................SR 704
CHATTAHOOCHEE HIGH SCHOOL GIRLS TENNIS TEAM; commend ................................................................................ HR 1927
CHECKS (See Banking and Finance or Financial Institutions)
CHEROKEE COUNTY; redevelopment powers ................................................. HB 1814
CHEROKEE HIGH SCHOOL WARRIORS FOOTBALL TEAM Commend.............................................................................................................. HR 1058 Invite coaches and players to House..................................................................... HR 1036
CHEROKEE JUDICIAL CIRCUIT Add judge................................................................................................................ HB 269 Add judge.................................................................................................................SB 594
CHESHIRE, DOUG; commend ............................................................................ HR 1947

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4188

INDEX

CHESNUT, ASHLEY; 4-H honoree; commend ................................................... HR 1988
CHESTNUT, ASHLEY; 4-H honoree; commend ................................................ HR 1000
CHIEF J. A. FOUNTAIN BRIDGE; designate ................................................... HR 1456
CHILD ABUSE Aggravated child molestation; prosecution at any time ......................................... HB 190 Certain sexual abuse; parent report ........................................................................ HB 241 Cruelty to children in second degree; nonmerger provision .................................. HB 168 Cruelty to children in second degree; nonmerger provision ................................ HB 1229 Family violence; peace officer training; sexual offense cases ............................. HB 1233 Local boards of education; child abuse, neglect, and abduction; develop prevention program .............................................................................. HB 1723 Sexual abuse or exploitation; failure to report; define offense............................. HB 1551
CHILD CUSTODY (Also, see Domestic Relations or Parent and Child) Adoption and child custody proceedings; 90-day time limit for court decision ............................................................................................... HB 1631 Attorneys' fees and litigation expenses................................................................... HB 507 Court appointed custody evaluator; liability ........................................................ HB 1194 Deprived child; temporary legal custody; provisions............................................... HB 41 Facilities housing children in state custody; prohibit campaign activities on grounds ............................................................................. HB 49 Grandparents' visitation rights; amend provisions ................................................. HB 884 Juvenile proceedings; certain conviction; termination of parental rights............. HB 1632 Juvenile proceedings; deprived children; amend provisions...................................SB 148
CHILD SUPPORT (See Alimony and Child Support)
CHILDREN AND YOUTH (Also, see Minors) Bright From The Start: Georgia's Office of Early Care and Education; create......................................................................................... HB 1288 Child care facilities; liability insurance coverage......................................................SB 24 Child protective services workers; definition; provisions .................................... HB 1554 Children in protective custody; cost of care; reimbursement ................................. HB 489 Children in state custody; prohibit campaign activities on grounds of custodial facilities ................................................................................ HB 49 Child welfare agencies; recall notices on unsafe products; provide; certain records checks; amend provisions ........................................... HB 1347 Day-care; certain pre-kindergarten programs; licensing; exemptions.................... HB 525 Day-care employees; require first aid and CPR training........................................ HB 977 Day-care facilities; licensing; liability insurance required ..................................... HB 433

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4189

Defense of Scouting Act; enact ................................................................................ HB 37 Early Care and Learning, Department of; create; Georgia
Child Care Council; redesignate and transfer to Title 20 .....................................SB 456 Foster Parents Bill of Rights; enact ...................................................................... HB 1580 House Study Committee on Children's Protective Services; create ..................... HR 1686 L.O.C.A. (Leave Our Children Alone) Alert; encourage
cellular and internet participation ...................................................................... HR 1347 Mental illness and suicide in youth; urge screening of
children and adolescents ...................................................................................... HR 563 Persons supervising children; criminal background checks;
National Crime Information Center..................................................................... HB 316
CHILDREN CHRISTIAN HOME AND FAMILY RESOURCE CENTER, INC.; commend .......................................................... HR 1544
CHINA, REPUBLIC OF Commend efforts in joining the United Nations and other international organizations................................................................................. HR 1758
CHIROPRACTORS Board of examiners; additional authority ............................................................. HB 1512 State licensing board; reduce number of members................................................. HB 597
CHITWOOD, LONNIE HERMON; condolences............................................... HR 1606
CHRISTINE, BOBBY L.; commend .................................................................... HR 1798
CIGAR AND CIGARETTE TAXES (Also, see Tobacco and Tobacco Related Products) Amend definitions .................................................................................................... HB 65 Certain local excise taxes; authorize ........................................................................ HB 85 Certain local excise taxes; authorize ...................................................................... HB 106 Certain local excise taxes; authorize ...................................................................... HB 107 Change certain definitions .................................................................................... HB 1065 Counterfeit cigarettes; penalties ............................................................................. HB 844 Increase; impose excise tax on loose or smokeless tobacco................................... HB 379 Law enforcement officer; disabled in line of duty; retention of weapon and badge ............................................................................ HB 158 Smokefree Air Act of 2004; enact ...........................................................................SB 507 Taxes; tobacco products; licensure, definitions, penalties ................................... HB 1282 Tobacco manufacturers; certain certifications; prohibited sales ............................ HB 774
CITIZENS BANK; 100th anniversary; commend................................................. HR 1582

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4190

INDEX

CITY COURTS (See Courts or Municipalities)
CIVIL PRACTICE Appeals; judgments and rulings; amend provisions............................................... HB 322 Appeals; supersedeas bonds and other forms of security; maximum allowable amount.................................................................................SB 411 Attorneys' fees or litigation expenses; certain cases; amend provisions .............. HB 1387 Certified Professional Midwifery Act; enact........................................................ HB 1550 Civil actions; certain settlement differential; reasonable costs .............................. HB 887 Civil actions; codefendants in different counties; venue...................................... HB 1476 Civil actions; fees and costs; assessed against losing plaintiff............................. HB 1256 Civil actions; habeas corpus procedures; statute of limitations; filing petitions, jurisdiction...................................................................................SB 337 Civil actions; plaintiff's voluntary dismissal; written notice ................................ HB 1341 Civil cases; required forms for filing complaints or judgments ........................... HB 1595 Civil cases; required forms for filing complaints or judgments ........................... HB 1804 Civil practice and torts; substantial revision of provisions; health care............... HB 1472 Civil practice, evidentiary matters, and liability in tort actions; comprehensive revision of provisions ............................................................... HB 1712 Class actions; comprehensive revisions ..................................................................SB 217 Common Sense Civil Justice Reform Act; enact.....................................................SB 133 Construction defects; alternative dispute mechanism .............................................SB 563 Evidence; expert testimony; standards for admitting ........................................... HB 1398 Evidence; expert testimony; standards for admitting ........................................... HB 1420 Evidence; opinions of certain expert witnesses admissible.................................. HB 1397 Executions; judgments; cancellation when satisfied ............................................ HB 1431 Freedom of speech and right to petition; certain actionable acts ......................... HB 1069 Frivolous Litigation Prevention Act; enact .......................................................... HB 1803 Frivolous Litigation Prevention Act; enact ............................................................ HB 775 Frivolous Litigation Prevention Act; enact .......................................................... HB 1400 Georgia Arbitration Code; applicability; home builder's warranty ...................... HB 1018 Guardian ad litem; civil liability; qualified immunity............................................ HB 264 Judgments; inclusion of costs; specify types........................................................ HB 1222 Juries; peremptory challenges; equal number of strikes....................................... HB 1657 Juries; peremptory challenges; equal number of strikes....................................... HB 1678 Juries; peremptory challenges; equal number of strikes....................................... HB 1739 Medical malpractice civil actions; depositions and discovery; expert opinions................................................................................................... HB 1399 Medical malpractice review panels; create........................................................... HB 1508 Municipal utility accounts; collection; statute of limitations ................................. HB 631 Personal property in custody of law enforcement agency; disposition .................. HB 484 Professional malpractice actions; expert testimony and opinions; standards ............................................................................................ HB 1649

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4191

Sunshine in Litigation Act; enact ......................................................................... HB 1019 Tax executions and judicial sales; amend certain provisions............................... HB 1198 Tax executions and judicial sales; prohibit certain sales...................................... HB 1196 Tax executions; prohibit sale .................................................................................. HB 306 Tax executions; prohibit sales .................................................................................. HB 88 Tax executions; prohibit sales .............................................................................. HB 1393 Torts; fees and costs of litigation; recovery............................................................ HB 417 Torts; noneconomic damages; financial limitations............................................. HB 1343 Torts; noneconomic damages; financial limitations............................................. HB 1422 Torts; structured settlement payment rights; court filings;
cancellation rights .................................................................................................SB 174 Trial juries; civil cases; challenges for causes...................................................... HB 1484 Trials; continuance; certain judicial service in another court............................... HB 1455 2003 Fairness in Arbitration Act; enact.................................................................... HB 91
CLANTON, BRYAN Georgia State Patrol Trooper First Class; commend ............................................ HR 1706
CLARENCE THOMAS TRIBUTE COMMISSION; create ............................... HR 565
CLARK, ED; commend ......................................................................................... HR 1565
CLARKE CENTRAL HIGH SCHOOL MOCK TRIAL TEAM; commend................................................................................... HR 1755
CLARKE COUNTY; grant easement ......................................................................SR 651
CLARKSTON COMMUNITY CENTER; commend......................................... HR 1054
CLAY COUNTY Homestead exemption; certain residents ................................................................ HB 669 Homestead exemption; certain residents .............................................................. HB 1146
CLAY, HONORABLE CHUCK; communications .................................. Pages 352, 353
CLAYTON, CITY OF; corporate limits ............................................................... HB 1829
CLAYTON COUNTY Consolidate police force under office of sheriff................................................... HB 1589 MARTA; certain Board members; voting power ................................................... HB 745

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4192

INDEX

Metropolitan Atlanta area criminal gang policy and review committee; urge creation ................................................................................... HR 1569
State court; impose technology fee....................................................................... HB 1660
CLAYTON COUNTY FIRE DEPARTMENT 2003 AWARD WINNERS; commend......................................................................... HR 1558
CLAYTON COUNTY POLICE DEPARTMENT Commend.............................................................................................................. HR 1559 Highway Enforcement Against Traffic Unit and Captain Tom Israel; invite members to House................................................................ HR 1538
CLAYTON COUNTY TEACHER OF THE YEAR FINALISTS; commend ....................................................................................... HR 1560
CLAYTON COUNTY 2004 STAR STUDENTS AND STAR TEACHERS; commend ................................................................. HR 1561
CLAYTON COUNTY'S 2004 CAPITOL ART SHOW Commend artists Bryan Alvarado, T. J. Greer, Alberto Tabizon, and Hang Tran .................................................................................... HR 1588
CLAYTON EAGLES AND MACON BEARS WHEELCHAIR BASKETBALL TEAMS; invite teams and coaches to House .......................... HR 1627
CLEAR CHANNEL 1230 WSOK, Savannah's gospel radio station; commend ..................................... HR 971 WLVH; Savannah's LOVE 101.1 FM; commend.................................................. HR 972
CLEMENTS, JOHN; commend............................................................................ HR 1221
CLERGY DAY AT THE GEORGIA STATE CAPITOL Recognize third annual ......................................................................................... HR 1766
CLERKS, SUPERIOR COURT Carbon Sequestration Registry Act; enact...............................................................SB 356 Comprehensive planning and service delivery; local government; amend definition ........................................................................... HB 1559 Counties; certain officers; nonpartisan elections.................................................. HB 1469 County judicial offices; nonpartisan elections; provide by local Act....................... HB 47 Deeds conveying title; recordation; additional requirements............................... HB 1647 Divorce case filing fee; increase amount; exception ............................................ HB 1501
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4193

Elections; superior court clerks; nonpartisan.......................................................... HB 729 Executions; judgments; cancellation when satisfied ............................................ HB 1431 Fees and records; repeal sunset provisions............................................................. HB 811 Fines and forfeitures; certain traffic fines; pay to state treasury ............................ HB 102 Garnishment; filing costs or fees; prohibit multiple payments .............................. HB 758 Medical malpractice review panels; create........................................................... HB 1508 Nonpartisan elections of local officers; additional officers.................................... HB 622 Notaries public; amend provisions; superior court fees ....................................... HB 1617 Superior Court Clerks' Cooperative Authority; fees and
records; extend sunset dates................................................................................. HB 810 Superior Court Clerks' Retirement; 8 years' service; benefits .............................. HB 1036 Superior Court Clerks' Retirement; death of spouse; full benefit restored............. HB 234 Technology and indigent defense fees and certain fines; authorize ....................... HB 240
CLINICAL PERFUSIONIST Physician's assistants; certain licensures; amend provisions.................................. HB 617
CLONING, HUMAN Federal legislation banning; urge passage .............................................................. HR 617
COASTAL MANOR LONG TERM CARE FACILITY Commend and invite representatives to House .................................................... HR 1568
COASTAL MARSHLANDS Joint Study Committee on Coastal Marshlands Protection; create ........................ HR 271 Protection Act; private docks; amend provisions ..................................................... HB 51 Protection provisions; exempt certain property...................................................... HB 178 Shore Protection and Coastal Marshland Protection Committees; change membership ........................................................................................... HB 1382
COBB COUNTY Board of commissioners; compensation................................................................. HB 909 Board of commissioners; compensation............................................................... HB 1658 Board of commissioners; compensation............................................................... HB 1736 Chief deputy sheriff, chief investigator, executive assistant; compensation........ HB 1776 Chief magistrate; compensation ........................................................................... HB 1585 Cobb County-Marietta Water Authority; amend provisions .................................. HB 687 Cobb County-Marietta Water Authority; immunity; amend provisions .............. HB 1610 Cobb Judicial Circuit; judges; supplement........................................................... HB 1591 Commissioner districts; reapportion......................................................................... HB 39 Convey property ......................................................................................................SR 652 Deputy clerk of superior court; compensation ..................................................... HB 1659

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4194

INDEX

Gateway Regional Information Center, Inc.; Cobb County public rest stops ................................................................................................... HB 916
Grant easement ........................................................................................................SR 651 Metropolitan Atlanta area criminal gang policy and review
committee; urge creation ................................................................................... HR 1569 Probate court clerk; compensation ..........................................................................SB 580 State court judges and associate judges; compensation ....................................... HB 1291 State court; add judges.......................................................................................... HB 1650 State court; certain costs ....................................................................................... HB 1738 Tax commissioner; employees' compensation ..................................................... HB 1592
COBB COUNTY DAY AT THE CAPITOL; recognize 3/26/04........................ HR 1541
COBB JUDICIAL CIRCUIT; judges; supplement .............................................. HB 1591
COCHRAN, CITY OF; corporate boundaries ...................................................... HB 1044
COCHRAN, PASTOR RAYMOND AND MRS. MARY Commend on 50th wedding anniversary .............................................................. HR 1910
COCHRAN, SUSAN; commend ........................................................................... HR 1830
CODE OF GEORGIA Conform Code references to House and Senate committee names........................ HB 846 Corrections............................................................................................................ HB 1245 Elections; corrections............................................................................................ HB 1247 Initiative petition; power to enact and repeal statutes - CA ................................... HR 405 Regulatory Reform Act of 2003; regulations, laws, statutes; provisions..............................................................................................................SB 361 Retirement and Pensions; corrections................................................................... HB 1246 Revenue and Taxation; amend certain provisions regarding definitions ............. HB 1100
COFFEE COUNTY Convey property ......................................................................................................SR 652 Probate judge; nonpartisan elections .................................................................... HB 1104
COHEN, DANIEL S.; commend........................................................................... HR 1360
COIN OPERATED AMUSEMENT MACHINES Amend definitions .................................................................................................... HB 75 Amend definitions ................................................................................................ HB 1079 Bona fide coin operated amusement machines; regulation .................................... HB 891
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4195

House Study Committee on Coin Operated Amusement Machines; create........... HR 670 Revise provisions.................................................................................................... HB 573 Uses of regulatory fees and fines - CA................................................................... HR 618
COLE, DEACON DAN, SR.; condolences........................................................... HR 1416
COLEMAN, STEPHEN; commend...................................................................... HR 1562
COLLEGE PARK, CITY OF Uniform Alert; encourage participation by certain cities ..................................... HR 1821
COLLEGES Board of Regents; powers; subject to General Assembly and Governor - CA .............................................................................................. HR 622 Board of Regents; urge expansion of teacher education program.......................... HR 601 Certain bookstores; textbooks; maximum price ................................................... HB 1368 Children of certain officers; tuition-free college; General Assembly provide by law - CA ............................................................................. HR 26 Children of deceased POST officers; urge free college tuition................................ HR 23 College students; vaccination against meningococcal meningitis...........................SB 266 Colleges and technical schools; textbooks in electronic format............................. HB 712 Education accountability; comprehensive revision of provisions; Office of Student Achievement ............................................................................SB 248 Education; joint enrollment; certain private schools and home study programs..................................................................................................... HB 985 Education officials; recommending certain products to students; prohibit compensation ......................................................................................... HB 478 Funk Heritage/Bennett Center at Reinhardt College; designate as official Frontier and Southeastern Indian Interpretive Center ........................ HB 494 High priority school teachers; student loan repayments........................................... HB 99 HOPE scholarships and grants; amend provisions ..................................................SB 471 HOPE scholarships; eligibility; academic performance review........................... HB 1369 HOPE scholarships; eligibility; amend provisions................................................. HB 706 HOPE scholarships; eligibility; amend provisions............................................... HB 1325 HOPE scholarships; eligibility; entering freshmen .............................................. HB 1271 HOPE scholarships; felony or misdemeanor conviction; ineligibility ................. HB 1116 HOPE scholarships; ineligibility; drug-free provisions ....................................... HB 1584 HOPE scholarships; private colleges; certain part-time eligibility ........................ HB 341 House Agricultural Research, Extension, and Teaching Programs Study Committee; create ................................................................... HR 1459 Lottery; online ticket sales; establish Georgia Peach Account ............................ HB 1272 Meningococcal meningitis; vaccination or signed waiver ..................................... HB 199 Official Frontier and Southeastern Indian Interpretive Center; designate.............. HB 865

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4196

INDEX

Public officers and employees; payroll deductions; Higher Education Savings Plan ..................................................................................... HB 1118
Sales tax exemption; athletic event tickets; University System ............................. HB 251 Sales tax exemption; certain school clothes, supplies,
computer items; limited time ............................................................................... HB 204 Sales tax exemption; certain school clothes, supplies,
computer items; limited time ............................................................................. HB 1412 Sales tax exemption; certain school supplies and dormitory
items; limited time ............................................................................................. HB 1504 Sales tax exemption; school clothes, supplies, computers;
annually in August ............................................................................................... HB 228 Sales tax exemption; school supplies, clothing, computers; limited time.............. HB 250 Sales tax exemption; school supplies, clothing, computers; limited time.............. HB 542 Sales tax exemption; school supplies; clothing; computers; limited time............ HB 1184 Special license plates; colleges or universities; amend provisions ........................ HB 902 Special U.S. flag license plate fees; certain education trust fund - CA.................. HR 322 Speed detection devices; required warning signs; change size .............................. HB 313 Student Finance Authority; editorial changes; certain definitions ....................... HB 1547 Teachers Retirement; certain non-public school service; credit............................. HB 873 Tuition equalization grants; part-time students; certain HOPE
scholarships.......................................................................................................... HB 342 University System; required textbooks; use for six semesters ............................. HB 1434 University System; urge Board of Regents to retain textbooks
for 6 semesters ................................................................................................... HR 1344 University System; urge reduction in student fees ............................................... HR 1037
COLLINS HILL HIGH SCHOOL BOYS SWIM AND DIVING TEAM; commend ................................................................................ HR 1432
COLLINS, D. AL; Georgia State Patrol Sergeant; commend ............................... HR 1719
COLLINS, FRED B.; condolences........................................................................ HR 1750
COLLINS, GEORGIA CONGRESSMAN MAC; commend............................. HR 1461
COLLINS, HONORABLE MARCUS E., SR.; commend.................................. HR 1462
COLQUITT, CITY OF Selection as Georgia Municipal Association "City of Excellence"; commend ...................................................................................... HR 1237

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4197

COLQUITT, KARA Commend.............................................................................................................. HR 1242 Mrs. Georgia 2003; invite to House ..................................................................... HR 1199
COLUMBIA COUNTY Board of education; chairperson; nonpartisan election ........................................ HB 1787 Certain officials; health insurance program.......................................................... HB 1820 Coroner; compensation........................................................................................... HB 919
COMMERCE AND TRADE Assisted living facilities; designation; provisions ................................................ HB 1466 Assisted living facilities; Levels I and II; provisions ........................................... HB 1033 Consumer retail transaction; rebates; definitions ................................................. HB 1165 Convenience stores; safety enclosure for cash register operators .......................... HB 418 Deceptive or unfair practices; inbound call centers; disclosures; penalties ......... HB 1218 Deceptive practices; credit card solicitation; verify address .................................. HB 656 Economic Development and Public Safety Act; enact........................................... HB 578 Economic Development and Public Safety Act; enact......................................... HB 1483 Electronic records and signatures; warranty deeds; acceptance provisions ............SB 561 Fair business practices; certain motor vehicle sales; spot delivery .......................... HB 94 Gasoline dealers; registration; amend provisions................................................... HB 111 Income tax credit; certain headquarters; creation of full-time jobs........................ HB 492 Income tax credits; less developed areas; manufacturing and telecommunications facilities...........................................................................SB 11 Industry, Trade, and Tourism, Department of; change name............................... HB 1529 Industry, Trade, and Tourism, Department of; powers; real property.....................SB 531 Minority business enterprises; certification procedures; amend provisions ...........SB 115 Motor carriers; certain 911 service; vehicles and loads; amend provisions......... HB 1248 Motor vehicle franchises; provisions; Motor Vehicle Safety Department enforce............................................................................................ HB 1157 Public accommodations; access by motorcycle patrons....................................... HB 1276 Real estate closings; unfair trade practice; licensee conducting closing; remove provision.................................................................................. HB 1311 Retail gasoline dealers; post certain warning signs ................................................ HB 388 School systems; purchasing contracts over $5000; regulations ..............................SB 294 Seed-Capital Fund; comprehensive revision of provisions .................................. HB 1507 Self-service storage; redefine personal property; disposition of unclaimed property...........................................................................................SB 403 Selling and trade practices; certain equipment and materials; retention of title.................................................................................................... HB 829 Telecommunications companies; process for disputing charges; disclosure ....... HB 1149 Tobacco manufacturers; certain certifications; prohibited sales ............................ HB 774
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4198

INDEX

Tobacco product manufacturer directory; inclusion............................................. HB 1050 Tobacco product manufacturers; escrow account deposits; payments................. HB 1049 Tobacco product manufacturers; master settlement agreement;
escrow funds .........................................................................................................SB 395 Unfair practices; consumer transactions; derogatory reports ............................... HB 1096 Uniform rules; securing vehicle loads; live animal provisions .............................. HB 460 Vehicles and loads; certain weight limitations; farm products ............................ HB 1235 Vehicles and loads; excess weight; penalties ......................................................... HB 636
COMMERCE COMPETITIVE CHEERLEADING TEAM; commend.......... HR 1943
COMMERCE SLOW-PITCH SOFTBALL TEAM; commend ........................ HR 1942
COMMERCIAL CODE Motor vehicles; certain transactions between dealer and owner ............................ HB 221 Used motor vehicle dealers; certain warranties.................................................... HB 1423
COMMISSIONS African Affairs Commission; create....................................................................... HB 937 Agriculture Commodity Commission on Beef; provisions; Pacific White Shrimp Aquaculture Development Act; enact ............................ HB 1766 Atlanta Regional Commission; certain counties; ratify partial incorporation...................................................................................................... HR 1308 Atlanta-Fulton County Local Government Restructuring Study Commission; create ................................................................................. HR 1188 Bonds; qualified interest rate management agreement............................................SB 515 Clarence Thomas Tribute Commission; create ...................................................... HR 565 Commission on Efficiency in State Government; create ....................................... HR 623 Community Service Board Overview Commission; create.................................. HB 1129 Comprehensive State-wide Water Planning Management Act; enact; Water Council; create........................................................................ HB 237 Education accountability; comprehensive revision of provisions .......................... HB 515 Education flexibility and accountability; comprehensive revision of provisions........................................................................................... HB 516 Elections; direct recording electronic voting systems; amend provisions.............. HB 427 Employees' health insurance plan; include agricultural commodity commission employees..................................................................... HB 101 Ethics in government; comprehensive reforms .......................................................SB 168 Ethics; campaign contribution disclosure reports; transfer filing to State Ethics Commission ........................................................................SB 144 General Assembly; reapportionment by independent commission - CA ................. HR 67 Georgia Capital Punishment Study Commission; create........................................ HR 546 Georgia Commission on the Hard of Hearing; create .......................................... HB 1653

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4199

Governor's powers; cabinet of advisers, removal of boards, constitutional officers, and public officials - CA............................................... HR 1258
Henry McNeal Turner Tribute Commission; create; authorize statue ....................SR 682 Improvement of Georgia's Pre-K Program Joint Study
Commission; create...............................................................................................SR 674 Improvement of Georgia's Pre-K Program Joint Study
Commission; create...............................................................................................SR 760 International Affairs Coordinating Council; create ................................................ HB 324 Interstate Compact for Juveniles; enact.................................................................. HB 955 Interstate cooperation; include Southern Legislative Conference.......................... HB 794 Martin Luther King, Jr. Commission; create.......................................................... HB 243 Martin Luther King, Jr. State Holiday Commission; create ................................... HB 718 Municipal charter commissions; create .................................................................. HB 151 New counties; procedures for creating; County Formation
Review Commission ............................................................................................ HB 658 Occupational regulation legislative review; amend provisions.............................. HB 628 Redevelopment commissions; local authority of certain
property; jurisdiction retroceded by federal government .....................................SR 858 Regional Commission on Homelessness; create .................................................. HB 1652 Savannah River and port of Savannah; urge bilateral port
commission; Georgia and South Carolina ............................................................SR 240 State Commission on Family Violence; sunset date ...............................................SB 535 State Flag Design Commission; create................................................................... HB 898 State Structural Pest Control Commission; amend provisions............................. HB 1279 Zell Bryan Miller Tribute Commission; create; authorize statue............................SR 561
COMMITTEES Advisory committee on hearing in newborn infants; continuation ........................ HB 760 Advisory committee on hearing in newborn infants; continuation ...................... HB 1581 Advisory committee on hearing in newborn infants; continuation ...................... HB 1627 Advisory committee on hearing in newborn infants; continuation ...................... HB 1679 Advisory committee on seniors and prescription drug costs; establish.................. HB 935 Appropriations bills; conference committee changes; amend provisions ............ HB 1224 Emergency safety plans; unified incident command system; Airport Anti-Terrorism Training Committee........................................................SB 243 House Agricultural Research, Extension, and Teaching Programs Study Committee; create ................................................................... HR 1459 House Atlanta-Fulton County Local Government Restructuring Study Committee; create.................................................................................... HR 1576 House Cervical Cancer Study Committee; create ................................................ HR 1529 House Community Improvement District Study Committee; create ..................... HR 260 House Energy Efficient Homes Study Committee; create ....................................... HR 64 House Georgia Correctional Industries Study Committee; create ....................... HR 1761

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4200

INDEX

House Georgia Technology Authority Study Committee; create......................... HR 1760 House Local School District Development Impact Fees
Study Committee; create...................................................................................... HR 558 House Local School District Development Impact Fees
Study Committee; create.................................................................................... HR 1475 House Lottery Technology Study Committee; create .......................................... HR 1678 House Protection from the Dangers of Methamphetamine
Manufacture Study Committee; create .............................................................. HR 1370 House Sandy Springs Study Committee; create ..................................................... HR 603 House Septage Disposal Study Committee; create............................................... HR 1419 House Solid Waste Management Study Committee; create................................. HR 1579 House Special Grants Study Committee; create....................................................... HR 48 House Study Committee for the Transfer of Operations of
Hartsfield Atlanta International Airport; create................................................... HR 915 House Study Committee on Adapted Athletics; create .......................................... HR 743 House Study Committee on Adult and Childhood Obesity
and Prevention; create........................................................................................ HR 1580 House Study Committee on Carbon Monoxide Poisoning; create....................... HR 1581 House Study Committee on Children's Protective Services; create ..................... HR 1686 House Study Committee on Coin Operated Amusement
Machines; create .................................................................................................. HR 670 House Study Committee on Equal Pay; create....................................................... HR 319 House Study Committee on Establishing a Family Day; create............................... HR 54 House Study Committee on Funding for Local Victim
Assistance Programs; create ................................................................................ HR 669 House Study Committee on HB 33; create............................................................. HR 262 House Study Committee on Health Care Bonds; create....................................... HR 1118 House Study Committee on Health Insurance Options for
Small Businesses and Uninsured Working People; create .................................. HR 588 House Study Committee on Law Enforcement Retirement; create........................ HR 238 House Study Committee on Lending and Financial Services; create..................... HR 703 House Study Committee on Liability Insurance Rates for
Hospitals and Physicians; create.......................................................................... HR 819 House Study Committee on Long-term Care Insurance; create............................. HR 334 House Study Committee on Pari-mutuel Betting and Casino
Gambling; create................................................................................................ HR 1124 House Study Committee on Pari-mutuel Betting on Horse Racing; create............ HR 781 House Study Committee on Penalties for Driving Under the
Influence Offenses; create ..................................................................................... HR 53 House Study Committee on School Restroom Standards; create........................... HR 528 House Study Committee on Sheriffs' Powers; create ............................................. HR 226 House Study Committee on the Development and Expansion
of Community Health Centers; create ................................................................. HR 680

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4201

House Study Committee on the State Public Health System; create.................... HR 1651 House Study Committee on Truck and Highway Safety; create.......................... HR 1643 House Study Committee on Truck and Highway Safety; create.......................... HR 1679 House Study Committee on Truck Safety on the Highways; create .................... HR 1630 House Study Committee on Uniform High School Grading; create ........................ HR 51 House Trauma Network Study Committee; create............................................... HR 1474 House Unfunded Mandates Study Committee; create............................................ HR 621 Joint Budgetary Tracking and Forfeiture Tracking Study
Committee; create ................................................................................................ HR 264 Joint Legislative and Congressional Redistricting Study
Committee; create .............................................................................................. HR 1626 Joint MARTA Finance Study Committee; create................................................... HR 147 Joint Mold Standards Study Committee; create ....................................................... HR 52 Joint Study Committee on Certified Professional Midwifery; create .................... HR 227 Joint Study Committee on Coastal Marshlands Protection; create ........................ HR 271 Joint Study Committee on Economic Development of the
Lower Muscogee Creek Indian Tribe and Southwest Georgia; create.............. HR 1445 Joint Study Committee on Legislative and Congressional
Redistricting; create ............................................................................................. HR 408 Joint Study Committee on Location of Electric Transmission
Lines; create..........................................................................................................SR 308 Joint Study Committee on Prescription Drugs for Seniors; create............................SR 55 Joint Study Committee on State Government Decentralization; create ................... HR 24 Joint Study Committee on State Retirement Plan Options; create ..........................SR 107 Joint Study Committee on the Rehabilitation of the Winecoff
Hotel; create......................................................................................................... HR 529 Joint Study Committee on Tobacco Tax Evasion; create..................................... HR 1309 Joint Study Committee on Truck and Highway Safety; create ............................ HR 1125 Joint Study Committee on Truck and Highway Safety; create ...............................SR 669 Joint Study Committee on Truck Safety on the Highways; create....................... HR 1629 Joint Water Conservation Study Committee; create................................................SR 579 Lottery Corporation; legislative oversight committee; conform
committee references ......................................................................................... HB 1117 Lottery Technology Joint Study Committee; create................................................SR 907 Shore Protection Committee and Coastal Marshland Protection
Committee; change membership; quorum......................................................... HB 1382 Speech-language pathologists and audiologists; advisory
committee on hearing in newborns.................................................................... HB 1701 Subsequent Injury Trust Fund Joint Study Committee; create............................... HR 263
COMMITTEES, STANDING Bordeaux, Honorable Tom; committee assignment ........................................... Page 2467 Broome, Honorable Hugh; committee assignment................................................. Page 33

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4202

INDEX

Buckner, Honorable Gail; committee assignment.................................................. Page 29 Channell, Honorable Mickey; committee assignment............................................ Page 36 Dix, Honorable Scott; committee assignment .................................................... Page 2469 Dollar, Honorable Matt; committee assignment..................................................... Page 40 Dooley, Honorable Pat; committee assignment ..................................................... Page 34 Douglas, Honorable John; committee assignment ................................................. Page 31 Dukes, Honorable Winfred; committee assignment............................................... Page 26 Epps, Honorable Carl Von; committee assignment ............................................... Page 32 Harrell, Honorable Sally; committee assignment................................................... Page 26 Henson, Honorable Michele; committee assignment ............................................. Page 27 Hill, Honorable Calvin; committee assignment ..................................................... Page 35 Hudson, Honorable Sistie; committee assignment ................................................. Page 37 Jenkins, Honorable Charles; committee assignment .............................................. Page 31 Keen, Honorable Jerry; committee assignment...................................................... Page 39 Lord, Honorable Jimmy; committee assignment.................................................... Page 25 Martin, Honorable Chuck; committee assignment ................................................. Page 28 Mosley, Honorable Hinson; committee assignment............................................... Page 34 Oliver, Honorable Mary Margaret; committee assignment................................ Page 2468 Randall, Honorable Nikki T.; committee assignment ........................................ Page 3074 Smith, Honorable Bob; committee assignment ...................................................... Page 30 Smith, Honorable Paul E.; committee assignment ................................................. Page 23
COMMON CARRIERS AND CONTRACT CARRIERS (See Motor Carriers)
COMMUNICATIONS RECEIVED Balfour, Honorable Don .............................................................................Pages 352, 353 Bordeaux, Honorable Tom ................................................................................ Page 1106 Clay, Honorable Chuck ..............................................................................Pages 352, 353 Cooper, Honorable Sharon .................................................................................... Page 24 Governor .....................................................................................Pages 7, 13, 16, 17, 2642 Hudgens, Honorable Ralph.........................................................................Pages 355, 356 Hudson, Honorable Sistie .................................................................Pages 355, 356, 3077 Legislative Counsel ....................................................................Pages 237, 238, 350, 354 Lieutenant Governor...................................................................................Pages 351, 355 Randall, Honorable Nikki T. ............................................................................... Page 159 Secretary of State................................................................................................Pages 1, 2 Speaker of House.......................................... Pages 23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 324, 351, 355, 645, 2467, 2468, 2469, 3074 Warren, Honorable Pete................................................................Pages 1815, 2075, 2436
COMMUNITIES IN SCHOOLS OF GEORGIA, INC.; commend .................. HR 1540

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4203

COMMUNITY AFFAIRS Atlanta Regional Commission; certain counties; ratify partial incorporation...................................................................................................... HR 1308 Business and nonprofit corporations; substantial revision of provisions ................SB 555 Community improvement district; imposition of sales tax; approval - CA ........... HR 814 Counties; consolidation; intergovernmental agreement and referendum............... HB 392 Georgia Medical Center Authority; administrative assignment..............................SB 485 Graffiti; compensation to property owners; local governments establish programs ................................................................................................SB 312 Graffiti; compensation to property owners; use of inmate labor to remove from private property..................................................................SB 313 House Community Improvement District Study Committee; create ..................... HR 260 Housing; certain federal programs; fraud and abuse cases......................................SB 510 Income tax credits; home improvements and community improvement districts .......................................................................................... HB 543 Income tax credits; individual development accounts; comprehensive regulation .................................................................................. HB 1384 Regional development centers; acquisition of property; lease-purchase ............. HB 1563 Regional development centers; ratify boundaries ................................................ HR 1402 Regional development centers; state funding; additional requirement .................... HB 29 Regional development centers; state-wide water management plan; provisions.................................................................................................. HB 1836 "Spread the Word Program Act"; enact; book drives..............................................SB 554 State minimum codes for construction; amend provisions......................................SB 550 State Planning for Increased Community Access Act; enact ............................... HB 1040 Timely payments for goods and services; local governments and boards of education; failure to comply ....................................................... HB 1304
COMMUNITY HEALTH Department of; rebates on pharmaceuticals; annual report .................................. HB 1346 Disabled persons; home and community based services; urge certain funding ........................................................................................... HR 1307 Health, education, and social services; certain boards and councils; amend provisions................................................................................ HB 1266 House Study Committee on the Development and Expansion of Community Health Centers; create ................................................................. HR 680 Local correctional facilities; inmates; medical treatment..................................... HB 1202 Misinterpretation of Code Section 31-6-2(14)(G)(iii); urge Department correct regulation ............................................................................. HR 619 Pharmacy Services Fee Act; enact........................................................................ HB 1462 Prescription drugs; manufacturer's price schedule; certain prior approval requirements............................................................................... HB 1220 Prescription drugs; maximum manufacturer prices; create schedule ................... HB 1061

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4204

INDEX

Public assistance; medical helicopter transportation; prohibit age discrimination.............................................................................................. HB 1417
State program of health services; fiscal condition; annual reports....................... HB 1704
COMMUNITY HEALTH CENTERS DAY Invite designated representatives to House .......................................................... HR 1039
COMPACTS Interstate Compact for Juveniles; enact.................................................................. HB 955 Savannah River and port of Savannah; urge bilateral port commission; Georgia and South Carolina ............................................................SR 240
COMPENSATION OF STATE OFFICIALS General Assembly and Lieutenant Governor; temporary reduction in salary...................................................................................................SB 76 General Assembly members; annual salaries; reduce 5 percent ............................ HB 192 General Assembly members; salary; four equal monthly payments ...................... HB 897 Public officials; decrease in salary ......................................................................... HB 568 Salaries of certain state officials; 10 percent reduction.......................................... HB 222
COMPUTERS (See Digital Equipment and Computers)
CONCERNED CITIZENS OF SCOTTDALE, INC.; commend......................... HR 977
CONDEMNATION PROCEDURES Eminent domain; electric transmission lines; provisions; certain exceptions ................................................................................................ HB 373 Special master; inverse condemnation; provisions................................................. HB 868
CONFEDERATE HISTORY AND HERITAGE MONTH Confederate memorials; designate........................................................................ HR 1442
CONNELL, HONORABLE JACK Commend.............................................................................................................. HR 1774 Urge dedication of Riverwatch Parkway in his honor...........................................SR 1025
CONSERVATION AND NATURAL RESOURCES Ad valorem tax; bona fide conservation use property; expand preferential assessment ...................................................................................... HB 1344 Ad valorem tax; preferential assessment; certain storm-water wetlands ............................................................................................................... HB 528 Bona fide conservation use property; additional ownership qualifications........................................................................................................ HB 641

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4205

Bona fide conservation use property; include wildlife habitat and production ....................................................................................... HB 1416
Carbon Sequestration Registry Act; enact...............................................................SB 356 Certain state and local construction; urge certain design
and material standards ......................................................................................... HR 668 Certain submerged artifacts; authorize collection .................................................. HB 401 Coastal Marshlands Protection Act; private docks; amend provisions .................... HB 51 Coastal marshlands; protection provisions; exempt certain property..................... HB 178 Comprehensive State-wide Water Planning Management
Act; enact; Water Council; create........................................................................ HB 237 Conform Code references to House and Senate committee names........................ HB 846 Conservation rangers; powers; watercraft inspection........................................... HB 1185 Conservation use property; greenspace; eliminate acreage limitation - CA ........ HR 1131 Dove hunting; state-wide uniform open season dates; urge adoption.................. HR 1401 Employees' Retirement; certain law enforcement personnel;
amend provisions ................................................................................................... HB 97 Employees' Retirement; certain law enforcement personnel;
benefit formula..................................................................................................... HB 476 Employees' Retirement; certain public safety personnel;
enhanced benefit .................................................................................................. HB 548 Environmentally sound new housing; construction requirements;
certification .......................................................................................................... HB 410 Environmental policy, regulation, or standard; publication of
rationale; requirements ........................................................................................ HB 242 Environmental policy; regulatory decisions; publication requirements..................SB 172 Forest Heritage Trust Act of 2004; enact ................................................................SB 480 Ground-water withdrawal permits; urge EPD revoke certain
permit and lift moratorium................................................................................. HR 1762 House Septage Disposal Study Committee; create............................................... HR 1419 House Solid Waste Management Study Committee; create................................. HR 1579 Income tax credits; low or zero emission vehicles; electric chargers .................... HB 535 Industrial Hygiene Title Protection Act; enact ..................................................... HB 1379 Industry, Trade, and Tourism, Department of; change name............................... HB 1529 Joint Study Committee on Coastal Marshlands Protection; create ........................ HR 271 Joint Water Conservation Study Committee; create................................................SR 579 Landfill sites; used for certain construction; required tests.................................... HB 495 Metropolitan North Georgia Water Planning District; meetings and dues .............SB 459 Motor vehicle emissions fund; provide by general law - CA................................. HR 356 Motor vehicle emissions inspections; exempt certain vehicles............................ HB 1548 Motor vehicle emissions inspections; remote sensing
technology; create fund........................................................................................ HB 676 Municipal landfill; distance requirement from residence....................................... HB 496

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4206

INDEX

National preserve in corridor of Ocmulgee and Altamaha Rivers; urge Congress create ............................................................................. HR 1256
Natural Resources, Department of; assign law enforcement personnel on certain public beaches .................................................................... HR 604
On-site sewage management systems; Department of Human Resources adopt statewide regulations ................................................................ HB 992
Plasma arc technology; renewable energy; state recognize ................................. HR 1759 Private waste-water treatment facilities; permits for approval............................... HB 511 Public-Private Infrastructure Act of 2003; enact.....................................................SB 273 Regional development centers; state-wide water management
plan; provisions.................................................................................................. HB 1836 River and harbor dredging; beach replenishment................................................... HB 727 River Basin Protection Act of 2004; enact ........................................................... HB 1345 Sales tax exemption; archeological exploration and preservation ......................... HB 223 Sales tax exemption; archeological exploration and preservation ......................... HB 308 Sales tax; exempt sales of certain pollution control chemicals .............................. HB 141 Savannah River Site; radiation monitoring program; urge
Congress restore................................................................................................. HR 1685 Septic tank waste; counties provide for disposal.................................................... HB 951 Sewage holding tanks; commercial waste; regulation............................................ HB 487 Sewage holding tanks; commercial waste; regulation.......................................... HB 1408 Sewage management; grease and other commercial waste .....................................SB 568 Shore Protection Committee and Coastal Marshland
Protection Committee; change membership; quorum ....................................... HB 1382 Soil erosion and sedimentation; stream buffer zones; variances.............................SB 460 Solid Waste and Hazardous Water Response Trust Fund; create - CA ............... HR 1425 Solid waste facilities; permit modification provisions ........................................... HB 882 Solid waste management; permitting of facilities; certain
prohibition.......................................................................................................... HB 1083 Special license plates; historic preservation ............................................................SB 407 State buildings; comply with Leadership in Energy and
Environmental Design Green Building Rating System standards....................... HB 127 State employees; payroll deductions; certain federated
charitable organizations ........................................................................................SB 584 State licensing boards; reduce number of members ............................................... HB 597 Stone Mountain Memorial Association; members; requirements ........................ HB 1014 Stone Mountain Memorial Association; membership requirements .......................SB 423 Surface and ground water; interbasin and intrabasin transfers; regulate.............. HB 1615 Timber harvesting operations; local regulation; limitations................................... HB 724 Timber harvesting operations; local regulation; limit effect .................................. HB 672 Timber harvesting; regulatory authority of counties and
municipalities; limitations ................................................................................... HB 244
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4207

Used tires; counties and municipalities regulating storage; enforce ordinances ................................................................................................SB 348
Waste management; disposal facilities; comply with local ordinances ............... HB 1284 Water pollution control and surface-water use; permits; fees .............................. HB 1697 Water reservoirs; locally funded; state-takeover; compensation.............................SB 246 Water resources; irrigation systems; certain shut-off switch ............................... HB 1277 Waters unsafe for recreation; EPD director order warning signs........................... HB 881
CONSIGLIO, WILLIAM G. AND TERRI M. LYNDALL; commend ............ HR 1393
CONSTITUTIONAL AMENDMENTS Ad valorem tax; appraise property at owner's acquisition cost ................................ HR 45 Ad valorem tax; authorize special methods; certain aircraft .................................. HR 323 Ad valorem tax; limit increase of millage rate and property value ............................ HR 4 Ad valorem tax; limit increase of millage rate and property value ............................ HR 5 Ad valorem tax; limit increase of millage rate and property value ............................ HR 6 Ad valorem tax; millage rate and property value; limit increases....................... HR 1336 Ad valorem tax millage rate increase; require voter approval ............................... HR 171 Ad valorem tax; millage rate or valuation increases; limitations ............................... HR 7 Ad valorem tax; millage rate or valuation increases; limitations ............................... HR 8 Ad valorem tax; property equipped with certain systems for generating electricity; exempt.............................................................................. HR 259 Ad valorem tax; special class; antique aircraft....................................................... HR 527 Board of Regents; power; subject to General Assembly and Governor................. HR 622 Bona fide agricultural property; preferential assessment; additional forms ..................................................................................................... HR 21 Children of certain officers; tuition-free college; General Assembly provide by law ...................................................................................... HR 26 Coin operated amusement machines; uses of regulatory fees and fines ................ HR 618 Community improvement district; imposition of sales tax; approval .................... HR 814 Conservation use property; greenspace; eliminate acreage limitation ................. HR 1131 Counties and municipalities; authorization; pari-mutuel betting and casino gambling .......................................................................................... HR 1421 Counties; increase maximum number to 160 ......................................................... HR 349 County officers; include certain coroners............................................................... HR 562 Dentists and dental hygienists; additional license fees......................................... HR 1169 Development impact fees for educational purposes; local boards collect.............. HR 350 Driver education fund; create; General Assembly provide by law ........................ HR 699 Education funding; ad valorem tax relief; impose 1 percent sales tax ................. HR 1371 Education funding; ad valorem tax relief; impose 1 percent sales tax ................. HR 1372 Education funding; repeal ad valorem tax; impose excise tax on motor fuel.......................................................................................................... HR 43
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4208

INDEX

Education funding; repeal ad valorem tax; impose sales tax ............................... HR 1264 Education funding; repeal ad valorem tax; impose sales tax ............................... HR 1265 Elected officials; party affiliation; certain prohibition ............................................. HR 89 Elected officials; prohibit party affiliation change; exception ............................... HR 355 General appropriations; restrict amendments increasing ....................................... HR 376 General Assembly, Lt. Governor, House Speaker; term limits.............................. HR 354 General Assembly; reapportionment by independent commission .......................... HR 67 Georgia War Veterans Nursing Home Trust Fund; create; special plates.............. HR 614 Governor's powers; cabinet of advisers, removal of boards,
constitutional officers, and public officials ....................................................... HR 1258 High school diploma; requirement to hold state office ........................................ HR 1117 Homeowner tax relief grants; alternative uses ....................................................... HR 258 Homestead exemption; state-wide base year assessed value ................................... HR 22 Homestead exemption; state-wide base year assessed value ................................... HR 80 Hunting and fishing; preserve citizens' rights ........................................................ HR 985 Illegal aliens; prohibit receiving state or local services........................................ HR 1648 Initiative petition; power to enact and repeal statutes ............................................ HR 405 Intellectually disabled health and fitness support program; special plates............. HR 225 Local school boards and superintendents; method of selection
provided by law ................................................................................................... HR 130 Lottery proceeds; authorized uses; remove capital outlay projects.........................SR 678 Lottery proceeds; purposes; remove capital outlay projects ................................ HR 1170 Low income building projects; separate classification; ad valorem taxes ........... HR 1095 Marriage; union of a man and a woman ............................................................... HR 1470 Motor vehicle emissions fund; provide by general law.......................................... HR 356 Pari-mutuel wagering; General Assembly provide by law..................................... HR 547 Property in industrial area; owner voluntarily remove........................................... HR 144 Public funding of social services by certain organizations; exception................. HR 1030 Public funding of social services by religious or sectarian institutions................ HR 1535 Public funding of social services by religious or sectarian organizations...................SR 1 Public funding of social services by religious or sectarian
organizations; prohibit discrimination................................................................. HR 941 Public funding of social services by religious or sectarian
organizations; prohibit discrimination..................................................................SR 560 Public funding; social services by religious organizations................................... HR 1457 Public initiative referendums; provisions ................................................................. HR 44 Public transportation; corporation or authority; General Assembly create ............ HR 818 Recognition of marriage; prohibit certain unions....................................................SR 595 Residential real property; freeze value; ad valorem tax; assess
at acquisition date value........................................................................................... HR 2 Residential real property; freeze value; ad valorem tax; market
value at acquisition ...............................................................................................SR 311 Right of citizens to hunt and fish; certain restrictions .............................................SR 563

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4209

Sales tax on certain food and beverages; allocate to homeowner's incentive adjustment............................................................................... HR 108
Sales tax; educational purposes; millage rate reduction..........................................SR 580 Solid Waste and Hazardous Water Response Trust Fund; create ........................ HR 1425 Special license plates; AIDS Survival Project...................................................... HR 1151 Special license plates; community greenspace preservation trust fund.................. HR 587 Special license plates; organ and tissue donation organizations .......................... HR 1189 Special license plates; promote organ and tissue donation organizations...............SR 802 Special license plates promoting charitable organizations; provisions .................. HR 857 Special license plates; revenue dedication; certain nonprofit organizations ........ HR 1322 Special U.S. flag license plate fees; certain education trust fund........................... HR 322 State excise tax on tobacco products; fund state Medicaid program...................... HR 229 State flag; change design ............................................................................................ HR 1 State government; taxing and spending powers; limitations................................ HR 1065 Teacher salary supplements; certain donations .......................................................... HR 3 Teacher-student ratios; kindergarten and grades one through
three in public schools ....................................................................................... HR 1578 Ten Commandments; display; Pledge of Allegiance and
national motto; right to recite ............................................................................ HR 1348 Tobacco tax proceeds; uses; Medical Trust Fund .................................................. HR 780 Uncompensated trauma care; trust fund to pay hospitals ..................................... HR 1420 U. S. Constitution; prior calls for convention to amend;
rescind and repeal .............................................................................................. HR 1343 U. S. Constitution; urge amendment to prohibit judicial taxation........................ HR 1098
CONSTITUTIONAL AMENDMENTS, LOCAL Fulton County; operation of certain recreational programs; repeal constitutional amendment authorizing.......................................................SB 196 Fulton County; operation of certain recreational programs; repeal constitutional amendment authorizing.......................................................SB 197 Glynn County; repeal constitutional amendment; referendum ............................ HB 1826 Perry Industrial Building Authority; repeal constitutional amendment creating............................................................................................. HB 960
CONSUMER AFFAIRS Assisted living facilities; designation; provisions ................................................ HB 1466 Assisted living facilities; Levels I and II; provisions ........................................... HB 1033 Building permits; certain recipients; continuing education.................................. HB 1313 Child passenger restraining systems; amend provisions ........................................ HB 371 Class action lawsuit process; urge Congress to reform ........................................ HR 1201 Commercial Code; used motor vehicle dealers; certain warranties ..................... HB 1423 Common-sense Consumption Act; enact ............................................................. HB 1519 Construction defects; alternative dispute mechanism .............................................SB 563

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4210

INDEX

Consumer Choice of Benefits Health Insurance Plan Act; enact ........................... HB 806 Consumer retail transaction; rebates; definitions ................................................. HB 1165 Convenience stores; safety enclosure for cash register operators .......................... HB 418 Cosmetic dental coverings; urge removal of unlicensed providers........................ HR 228 Crimes; Child Protection Registry; create ............................................................ HB 1809 Crimes; improvements to real property; certain contract offenses....................... HB 1389 Deceptive or unfair practices; inbound call centers; disclosures; penalties ......... HB 1218 Deceptive practices; credit card solicitation; verify address .................................. HB 656 Fair business practices; certain motor vehicle sales; spot delivery .......................... HB 94 Fair lending practices; amend provisions ............................................................. HB 1171 Financial institutions; disclosure of certain information;
consumer's consent required ................................................................................ HB 184 Hospitals and hospital authorities; uninsured patients; limit rates ....................... HB 1533 Independence Plus Act; enact................................................................................. HB 701 Landlord and tenant; disposition of tenant's property; landlord's liability ............. HB 762 Natural gas marketers; bills; late fees................................................................... HB 1430 Natural gas services; rate-making method; provisions......................................... HB 1514 Property insurance; warranty service agreements; surety bonds.......................... HB 1737 Public accommodations; access by motorcycle patrons....................................... HB 1276 Retail gasoline dealers; post certain warning signs ................................................ HB 388 Revenue, Department of; certain disclosure; taxpayer records ............................ HB 1461 Sales tax exemption; sales of certain energy efficient appliances.......................... HB 361 Social security; personal retirement accounts; urge Congress enact...................... HR 980 Surveillance technology on highways; prohibit recorded
images of persons in motor vehicles.....................................................................SB 603 Tattooing near the eye; prohibition; expand exception .......................................... HB 183 Telecommunication companies; process for disputing
charges; disclosure............................................................................................. HB 1149 Unfair practices; consumer transactions; derogatory reports ............................... HB 1096 Uniform Standards Code for Manufactured Homes Act; enact ........................... HB 1174 Wine shipments; consumers order electronically................................................... HB 154
CONTRACTORS (CONSTRUCTION) Building permits; certain recipients; continuing education.................................. HB 1313 Business and occupation tax; certain construction permits; mail or electronic means .................................................................................... HB 1598 Certain state and local construction; urge certain design and material standards ................................................................................................ HR 668 Construction defects; alternative dispute mechanism .............................................SB 563 Construction industry; electrical, mechanical, general, and utility contractors; licensing provisions............................................................. HB 1045 Contracts; timely payment; professional services providers ................................ HB 1195 Crimes; improvements to real property; certain contract offenses....................... HB 1389

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4211

Electric power plants; remove power of eminent domain...................................... HB 664 Eminent domain; electric transmission line; prohibit; exception ........................... HB 671 Environmentally sound new housing; construction requirements;
certification .......................................................................................................... HB 410 Immunity; independent contractors; certain hospitals and
health care providers.......................................................................................... HB 1534 Income tax; false claims of independent contractor status; penalties......................SB 491 Income tax; independent contractors; certain false declarations.......................... HB 1444 Iraq; postwar rebuilding; urge president and Congress include
African Americans............................................................................................... HR 744 Plumbers; false advertising; amend provisions ...................................................... HB 338 Plumbing code; gray water recycling systems appendix; enforcement.................... HB 35 Residential and General Contractors, State Licensing Board; create................... HB 1003 Residential Contractors, State Licensing Board; create ......................................... HB 109 Roofing contractors; regulation ............................................................................ HB 1037 Sales tax exemption; certain symphony halls....................................................... HB 1332 Sales tax exemption; certain symphony halls....................................................... HB 1386 Sales tax exemption; certain symphony halls....................................................... HB 1511 Sales tax exemption; certain tangible personal property; certain
corporate attractions........................................................................................... HB 1528 Sales tax exemption; overhead materials; certain government contractors.......... HB 1238 Sales tax; temporary change in rate........................................................................ HB 541 Sales tax; temporary rate change ............................................................................ HB 520 School buildings; construction, demolition, or renovation;
notify adjacent property owners ........................................................................ HB 1426 Selling and trade practices; certain equipment and materials;
retention of title.................................................................................................... HB 829 Special purpose local option sales tax; levy and debt provisions;
referendum ........................................................................................................... HB 883 State agencies; contracts for services; prohibit outside U.S................................. HB 1281 State and nonprofit contractors; legislative oversight panels ................................... HB 98 State minimum codes for construction; amend provisions......................................SB 550 Utility contractors and systems; definitions; licensing and
certification requirements; safety training ......................................................... HB 1300
CONTRACTS Administrative Services, Department of; multiyear contracts; real property ...................................................................................... HB 1696 Attorneys' fees or litigation expenses; certain cases; amend provisions .............. HB 1387 Cigarette dealers and manufacturers; prohibitions ................................................. HB 485 Construction defects; alternative dispute mechanism .............................................SB 563 Ethics reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments...................SB 109

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4212

INDEX

Poultry production contracts; regulate.................................................................... HB 644 Poultry production contracts; regulate.................................................................... HB 648 Protection of Children Act of 2004; enact............................................................ HB 1298 Public-Private Infrastructure Act of 2003; enact.....................................................SB 273 Public works construction; bidding conditions; certain prohibition........................SB 599 Public works; prohibit certain requirement .......................................................... HB 1009 State government; executive branch; privatization contracts............................... HB 1210
CONTROLLED SUBSTANCES Attempt or conspiracy to commit offense; sentence .............................................. HB 605 Child endangerment; define various offenses; penalties .........................................SB 467 Conditional discharge; expand eligibility............................................................. HB 1475 Cruelty to children; methamphetamine; unlawful activities ................................ HB 1135 Drivers' licenses; suspension; minors; controlled substance violation................. HB 1023 Endangering child through manufacture of methamphetamine; define offense..................................................................................................... HB 1131 Forfeiture of property; proceeds; law enforcement museum ............................... HB 1191 Forfeitures; dangerous drug lists; certain first offender status ................................SB 502 HOPE scholarships; ineligibility; drug-free provisions ....................................... HB 1584 House Protection from the Dangers of Methamphetamine Manufacture Study Committee; create .............................................................. HR 1370 Offense related to addiction; penalty provisions .................................................. HB 1183 Optometrists; certain medications for the eye; authority to prescribe.................. HB 1039 Persons convicted of certain offenses entering certain property; criminal trespass................................................................................... HB 364 Pharmacies; State Board powers; drug therapy certification ............................... HB 1427 Psychologists; authority to prescribe drugs; create psychopharmacological formulary.................................................................................. HB 717 Substance Abuse and Crime Prevention Act; enact ............................................... HB 603 Tests of certain substances; lab certificates; admission as evidence...................... HB 238 Theft; certain offenses involving commercial vehicles; penalties; fines.............. HB 1456 Trafficking in ecstacy; define offense; addition of local drug-free commercial zones............................................................................... HB 1441
CONVEYANCES OF PROPERTY (See Public Property)
COOK, ADDIE C., SR.; condolences ................................................................... HR 1417
COOK, CHARLES M. "CHUCK", JR.; commend............................................ HR 1450
COOK COUNTY; board of commissioners; staggered terms..................................SB 389

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4213

COOPER, HONORABLE SHARON Communication; Republican Caucus; election....................................................... Page 24
COOPER, TIM; commend .................................................................................... HR 1730
COOSA HIGH SCHOOL; commend ................................................................... HR 1025
COPE, BETH CASH; condolences....................................................................... HR 1010
CORBIN, JIM AND DOTTIE; commend............................................................ HR 1939
CORDELE-CRISP COUNTY FISH FRY Commend spokespersons; invite cooking team to House .................................... HR 1174
CORONERS Autopsies; certain persons; governor's authority to order .................................... HB 1148 Certain deaths; persons in compensated care; notify coroner ................................ HB 357 Coroners and deputy coroners; compensation...................................................... HB 1280 County judicial offices; nonpartisan elections; provide by local Act....................... HB 47 County officers; include certain coroners - CA...................................................... HR 562 Vital records; amend provisions; create Office of Vital Records............................SB 478
CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Business and nonprofit corporations; substantial revision of provisions ................SB 555 Business corporations; update provisions ...............................................................SB 532 Employment security; exclude services by certain corporate officers ..................... HB 16 Ethics in government; comprehensive reforms .......................................................SB 168 Income tax; corporations; allocation and apportionment formulas........................ HB 559 Income tax; corporations; allocation and apportionment formulas...................... HB 1405 Income tax; corporations; allocation and apportionment formulas; comprehensive revision ..................................................................................... HB 1435 Income tax; taxable net income; exclude capital gains .............................................. HB 4 Sales tax exemption; certain tangible personal property; certain corporate attractions............................................................................... HB 1528
CORRECTIONS, DEPARTMENT OF (See Penal Institutions)
CORRIE, MS. RACHEL; condolences ................................................................ HR 1550
COSMETOLOGISTS Cosmetology training programs operated by Department of Corrections; provisions; board membership; amend qualifications .................. HB 1175
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Persons authorized to study cosmetology; lower age from 17 to 16.................... HB 1024 State licensing board; reduce number of members................................................. HB 597
COUNTIES (Also, see Local Government or Named County) Ad valorem tax; appeals procedures; military service.......................................... HB 1710 Ad valorem tax assessments; periods of limitation ................................................ HB 736 Ad valorem taxes, fees, service charges, assessments; installment payments; statewide applicability ..................................................... HB 679 Ad valorem tax millage rate increase; require voter approval - CA....................... HR 171 Ad valorem tax; motor vehicles; return in county where functionally located.............................................................................................. HB 834 Alcoholic beverages; Sunday sales; amend provisions ........................................ HB 1471 American Heritage in Education Act; documents to be posted in public school buildings .........................................................................SB 394 Annexation; certain counties; repeal provisions................................................... HB 1321 Annexation; effective date; declaratory judgment provisions.............................. HB 1031 Annexation; prohibit without county's consent; apply statewide ......................... HB 1211 Annexation; 60 percent method; best interest determination ............................... HB 1032 Annexation; unincorporated islands; objections..................................................... HB 601 Appointed school superintendents; early termination; provisions ......................... HB 435 Assault and battery against county or municipal officers; penalties .................... HB 1219 Atlanta Regional Commission; certain counties; ratify partial incorporation...................................................................................................... HR 1308 Business and occupation tax; certain construction permits; mail or electronic means .................................................................................... HB 1598 Candidates for nonjudicial offices in nonpartisan election; provisions.................. HB 408 Cemeteries; removal of isolated abandoned burial plots; provisions................... HB 1645 Certain counties; certain limitation on annexation; repeal ..................................... HB 906 Certain deaths; persons in compensated care; notify coroner ................................ HB 357 Certain officers; nonpartisan elections ................................................................. HB 1469 Certain state and local construction; urge certain design and material standards ................................................................................................ HR 668 Charter schools; amend provisions..........................................................................SB 216 Cigar and cigarette taxes; certain local excise taxes; authorize ............................. HB 106 Cigar and cigarette taxes; certain local excise taxes; authorize ............................. HB 107 Cigars and cigarettes; certain local excise taxes; authorize...................................... HB 85 Clean fuel use; state and local governments; public schools; provisions............. HB 1655 Community improvement districts; imposition of sales tax; approval - CA.......... HR 814 Comprehensive planning and service delivery; local government; amend definition ........................................................................... HB 1559 Conservation use property; greenspace; eliminate acreage limitation - CA ........ HR 1131 Consolidation; intergovernmental agreement and referendum .............................. HB 392 Coroners and deputy coroners; compensation...................................................... HB 1280

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4215

Correctional institutions; housing certain inmates; reimbursement ....................... HB 614 Correctional institutions; housing of state prisoners; payment .............................. HB 143 Correctional institutions; inmate accounts; certain deductions .............................. HB 968 Corrections and pardons and paroles; reimbursement to
counties for housing inmates ............................................................................... HB 420 Counties and municipalities; agencies assisting refugees; certain reports ........... HB 1002 Counties and municipalities; authorization; pari-mutuel betting
and casino gambling - CA ................................................................................. HR 1421 Counties and municipalities; certain building permits; notice
to local boards of education and Department of Transportation ......................... HB 432 Counties and municipalities; electronic security systems; fees............................ HB 1139 Counties and municipalities; public water and sewage
systems; prohibitions; exceptions ...................................................................... HB 1205 Counties and municipalities; resettlement of refugees; certain reports...................SB 399 Dentistry; dental coverings; practicing without a license; authorize arrest............ HB 430 Development impact fees for educational purposes; local
boards collect - CA .............................................................................................. HR 350 Driver education; local boards offer as elective; funding ...................................... HB 281 Education; bullying by students; amend provisions............................................. HB 1125 Education; deaf students; certification of interpreters............................................ HB 295 Education; division of school board mediation; provisions ................................... HB 407 Education; division of school board mediation; provisions ................................... HB 459 Education flexibility and accountability; school councils; charter schools.............SB 429 Education funding; repeal ad valorem tax; impose sales tax - CA....................... HR 1264 Education funding; repeal ad valorem tax; impose sales tax - CA....................... HR 1265 Education officials; recommending certain products to
students; prohibit compensation .......................................................................... HB 478 Education property tax relief grants; provisions................................................... HB 1543 Education property tax relief grants; provisions................................................... HB 1544 Education; sales to county school board by member;
exception to prohibition ......................................................................................... HB 79 Elected officials; prohibit party affiliation change; exception - CA ...................... HR 355 Elections; candidate qualification challenges; amend provisions ........................ HB 1142 Elections; direct recording electronic voting systems; amend provisions.............. HB 427 Elections; on-site absentee voting; provisions........................................................ HB 752 Elections; qualifying fees; certain county officials .................................................SB 153 Election superintendent; office to remain open until ballots are counted .............. HB 114 Elections; voting precinct; boundaries; gated community ................................... HB 1481 Electronic textbooks; make available to local boards,
schools, and students............................................................................................ HB 363 Employees' Retirement and Judicial Retirement; certain
membership; creditable service ........................................................................... HB 923

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4216

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Employees' Retirement; certain members; credit for qualified prior service ......................................................................................................... HB 439
Employees' Retirement; tax officials' employees; membership ............................. HB 382 Employees; service as elected officials; provisions ............................................. HB 1092 Enterprise zones; pervasive poverty area; job tax credits .................................... HB 1527 Fair housing authorities; subpoena power to investigate complaints..................... HB 393 Family and children services; county director; serve in multiple counties ............ HB 866 Family violence and stalking offenses; persons convicted;
publication of photo ........................................................................................... HB 1259 Fines and forfeitures; certain traffic fines; pay to state treasury ............................ HB 102 Fines and forfeitures; civil filing fee; indigent defense fund ............................... HB 1807 Fines and forfeitures; technology fees and boards; certain judicial circuits ........ HB 1392 Fraud, waste, abuse in state operations; whistle blower;
prohibit retaliation................................................................................................ HB 708 Game and fish; licenses; hunting deer with dogs ................................................. HB 1289 Georgia Procurement Registry; certain bid advertisements;
local governments .............................................................................................. HB 1260 Georgia Procurement Registry; certain bid opportunities; advertisement ............. HB 409 Grand juries; certain judges draw from electronic jury box................................... HB 580 Homestead exemption; state-wide base year assessed value - CA........................... HR 22 Homestead exemption; state-wide base year assessed value - CA........................... HR 80 Homestead option sales tax; referendum; disbursement of proceeds..................... HB 522 Hospitals; nonresident indigent health care; payment; county's liability ............. HB 1443 Hotel-motel tax; consolidated governments; amend provisions .......................... HB 1524 Hotel-motel tax; continuation; audits; review board; reports............................... HB 1201 Hotel-motel tax; counties and municipalities; amend provisions......................... HB 1525 Hotel-motel tax; create review board; amend certain provisions......................... HB 1404 Hotel-motel tax; create review board; amend certain provisions......................... HB 1415 Hotel-motel tax; define certain authorities ............................................................. HB 545 Hotel-motel tax; define certain convention and bureau authorities...................... HB 1029 House Community Improvement District Study Committee; create ..................... HR 260 House Local School District Development Impact Fees
Study Committee; create...................................................................................... HR 558 House Local School District Development Impact Fees
Study Committee; create.................................................................................... HR 1475 House Septage Disposal Study Committee; create............................................... HR 1419 House Study Committee on Funding for Local Victim
Assistance Programs; create ................................................................................ HR 669 House Study Committee on the State Public Health System; create.................... HR 1651 House Unfunded Mandates Study Committee; create............................................ HR 621 Income tax credit; certain headquarters; creation of full-time jobs........................ HB 492

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4217

Income tax credit; rural physicians; medical malpractice insurance premiums ........................................................................................... HB 1401
Income tax credits; certain businesses; border counties......................................... HB 325 Income tax credits; certain businesses; less developed areas................................. HB 298 Income tax credits; certain counties; wireless telecommunications carrier ......... HB 1515 Income tax credits; certain counties; wireless telecommunications carrier ......... HB 1516 Income tax credits; home improvements and community
improvement districts .......................................................................................... HB 543 Income tax credits; less developed areas; certain business
enterprises; military bases.......................................................................................SB 11 Income tax; job tax credits; less developed areas; certain
businesses; enterprise zones ................................................................................ HB 984 Income tax refunds; setoff debt collection; political subdivisions ....................... HB 1319 Income tax refunds; setoff debt collection; political subdivisions ....................... HB 1506 Incorporation of municipalities; minimum distance; amend provisions .............. HB 1641 Increase maximum number to 160 - CA ................................................................ HR 349 Indigent Defense Act of 2003; enact; circuit public defender;
multicounty capital defender ................................................................................SB 102 Indigent defense; state funds; distribution provisions .......................................... HB 1267 Intangible tax; payment; recording of instruments................................................. HB 513 Intangible tax; property in more than one county; prorated payment .................. HB 1665 Jail inmates; earned time allowances...................................................................... HB 239 Jails; certain counties; full-time dispatcher serve as jailer ..................................... HB 820 Joint county and municipal sales and use tax; special districts;
referendum ......................................................................................................... HB 1305 Joint county and municipal sales tax; 2 percent levy by consolidated
governments........................................................................................................... HB 92 Joint county and municipal sales tax; 2 percent levy by consolidated
governments......................................................................................................... HB 249 Joint county and municipal sales tax; 2 percent levy by consolidated
governments......................................................................................................... HB 287 Joint county and municipal sales tax; rate for consolidated governments ............. HB 207 Joint development authorities; county membership in more
than one; prohibit certain tax credit ......................................................................SB 444 Judicial offices; nonpartisan elections; provide by local Act................................... HB 47 Judicial Retirement; certain prior county service; credit........................................ HB 933 Law libraries; board members; use of collected funds..............................................SB 83 Licensed physicians volunteering with law enforcement
agencies; immunity from liability.........................................................................SB 408 License plates; state and local government vehicles; permanent plates............... HB 1743 Local authorities; sale or disposition of real property .......................................... HB 1575 Local boards of education; certain benefits; authorize funds................................. HB 328
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Local boards of education; child abuse, neglect, and abduction; develop prevention program .............................................................................. HB 1723
Local boards of education; establish start date of school year ............................... HB 930 Local code enforcement; repeat violations; amend provisions .............................. HB 714 Local correctional facilities; inmates; medical treatment..................................... HB 1202 Local government; annual audits; service delivery; change
certain amounts and definitions ........................................................................... HB 666 Local government contracts; optional bidding preference;
local businesses.................................................................................................. HB 1834 Local government; cross-jurisdictional authority; law
enforcement officers .......................................................................................... HB 1486 Local government entities and state authorities; timely
payment for goods and services........................................................................... HB 374 Local government; impact fees; include sewer improvement fees ...................... HB 1231 Local government; interlocal agreements; comprehensive
regulation; provisions ........................................................................................ HB 1792 Local government; land use regulations; housing resources................................ HB 1624 Local government; water utility services; rates and fees...................................... HB 1060 Local option sales tax; additional county 1 percent levy; authorization ................ HB 297 Local sales tax; limitation; special county 1 percent sales tax;
water and sewer projects.................................................................................... HB 1545 Local sales tax; limitation; special county 1 percent sales tax;
water and sewer projects.................................................................................... HB 1546 Local sales tax; special county 1 percent sales tax; water and
sewer projects .................................................................................................... HB 1578 Local sales tax; special county 1 percent sales tax; water and
sewer projects .................................................................................................... HB 1612 Local school boards and superintendents; method of selection
provided by law - CA........................................................................................... HR 130 Local victim assistance programs; funding; additional penalty ........................... HB 1562 Local victim assistance programs; funding; amend provisions............................ HB 1561 Major Airport Operations Act; enact.................................................................... HB 1062 Minimum wage; certain local mandates; preemption .............................................SB 495 Minimum wage mandates by local governments; preemption; exceptions ......... HB 1258 Misdemeanor traffic offenses; fines to be paid into state treasury........................... HB 19 Motor carriers; certain 911 service; vehicles and loads; amend provisions......... HB 1248 Motor vehicle emissions inspections; remote sensing
technology; create fund........................................................................................ HB 676 Motor vehicles; radio and other sound-making devices;
limits on sound volume........................................................................................ HB 302 Municipal charter commissions; create .................................................................. HB 151 Municipal charter commissions; create; provisions ..................................................SB 43 Municipal corporations; minimum distance requirement; repeal......................... HB 1557

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4219

New counties; procedures for creating; County Formation Review Commission ............................................................................................ HB 658
New municipality; creation; minimum distance; sales tax distribution ................. HB 315 Nonpartisan elections of local officers; additional officers.................................... HB 622 Nuisance abatement liens and tax liens; collection; tax
sales; certain foreclosures .....................................................................................SB 182 Nuisances; county and municipal abatement powers; unfit buildings ................... HB 474 Officers; include certain coroners - CA.................................................................. HR 562 Open meetings; exemption; local boards of education; discipline issues ............ HB 1742 Open meetings; school districts; athletic and fine arts associations..................... HB 1740 Open records; exemption; certain personal information ...................................... HB 1594 Overpaid taxes; refunds by counties or municipalities; time to file claim ........... HB 1605 Pardons and paroles; notification of decision......................................................... HB 582 Perpetrators of felonies; local government rewards; remove limitation ................ HB 359 Police force or sheriff's office; county or consolidated
government; referendum.................................................................................... HB 1090 Private prisons; regulation; provisions ................................................................... HB 742 Private probation services; local governments; agreements................................. HB 1567 Private trespass towing; counties and consolidated governments; licenses ......... HB 1145 Private trespass towing; licenses .......................................................................... HB 1150 Private waste-water treatment facilities; permits for approval............................... HB 511 Property in industrial area; owner voluntarily remove - CA.................................. HR 144 Public officers; appointed or elected; financial disclosure provisions ..................... HB 62 Public property; restrooms; standards .................................................................. HB 1620 Public road funds; metropolitan planning organizations; formation...................... HB 851 Public transportation; certain offenses; local jurisdiction .................................... HB 1690 Quality basic education; local share funds; equalization
grants; midterm adjustment ............................................................................... HB 1539 Railroad crossings; elimination; petition provisions ............................................ HB 1254 Redevelopment; tax allocation districts; amend certain provisions ..................... HB 1639 Regional development centers; ratify boundaries ................................................ HR 1402 Regional development centers; state funding; additional requirement .................... HB 29 Religious heritage; recognize; prepare documents; counties display................... HB 1537 Revenue bonds; redefine undertaking; remove certain
referendum requirement....................................................................................... HB 689 Rock quarries; licensing and regulation by local governments.............................. HB 895 Sales tax; educational purposes; local boards; performance audit ......................... HB 346 Sandy Springs, City of; incorporate ....................................................................... HB 150 School bus monitors; provisions........................................................................... HB 1570 School construction; access to public street or road; provisions.......................... HB 1068 School councils; amend provisions; State of the School presentation ................... HB 390 School Pesticide Act; enact; regulations .............................................................. HB 1042 School Restroom Standards Act; enact .................................................................. HB 336

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Schools; local boards; adopt truancy policy ........................................................... HB 900 School superintendents; employment contract; publication................................. HB 1123 Secure and Verifiable Identity Document Act; enact........................................... HB 1336 Septic tank waste; counties provide for disposal.................................................... HB 951 Service delivery; funding; comprehensive provisions ......................................... HB 1714 Service delivery strategy; certain franchise fees; offset certain costs .................... HB 262 Sheriffs; change qualifications ............................................................................... HB 612 Sheriffs engaging in certain businesses; violation of oath of office....................... HB 415 Sheriffs; nonpartisan elections...................................................................................SB 26 Sheriffs; services; increase certain fees .................................................................. HB 824 Smoking in public places; prohibitions; certain exceptions ................................. HB 1670 Special county 1 percent sales tax; amend provisions............................................ HB 572 Special county 1 percent sales tax; annual publication of audit........................... HB 1414 Special county 1 percent sales tax; consolidated governments;
public safety....................................................................................................... HB 1767 Special county 1 percent sales tax; extend time period ........................................ HB 1436 Special county 1 percent sales tax; proceeds; authorize additional uses................ HB 135 Special county sales and use tax; amend provisions; referendum........................ HB 1199 Special county sales tax; issuance of general obligation
debt; use of proceeds; amend............................................................................. HB 1306 Special purpose local option sales tax; levy and debt
provisions; referendum ........................................................................................ HB 883 Special purpose 1 percent sales tax; proceeds; publish ........................................ HB 1758 Special purpose 1 percent sales tax; proceeds; publish uses ................................ HB 1513 Speed detection device; certain 30-day limitation; work
zone speeding violations...................................................................................... HB 329 Speed detection devices; required warning signs; change size .............................. HB 313 State and county penal institutions; certain inmate labor; authorize...................... HB 398 State and local governments; employment of illegal aliens; prohibit .................. HB 1634 State and local governments; encourage display of Ten
Commandments and acknowledgement of God ................................................ HR 1403 State and local governments; official documents and forms; English only ......... HB 1411 State and local governments; telephone call centers outside
U. S.; prohibition ............................................................................................... HB 1357 State and local governments; Ten Commandments display; authorize................ HB 1609 State and local governments; Ten Commandments display; authorize................ HB 1633 State and Local Taxation, Financing, and Service Delivery
Revision Act of 2004; enact ................................................................................ HB 709 State buildings; comply with Leadership in Energy and
Environmental Design Green Building Rating System standards....................... HB 127 State employees; certain office holders; use of annual and personal leave............ HB 348 State government; prohibit discrimination against certain
private social organizations ............................................................................... HB 1200

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4221

State, local governments, local boards of education; timely payment of goods and services ............................................................................ HB 725
State Planning for Increased Community Access Act; enact ............................... HB 1040 State service delivery regions; change regions 7 and 12 ...................................... HB 1599 Student codes of conduct; violation; certain disciplinary action............................ HB 132 Students in transit; certain conditions; not to be counted tardy or absent .............. HB 434 Surface and ground water; interbasin and intrabasin transfers; regulate.............. HB 1615 Tax collectors and tax commissioners; creditable training .................................. HB 1391 Tax disputes; taxpayer information; prohibit disclosure ...................................... HB 1432 Tax receivers; taxpayer statistical information; confidentiality ............................. HB 529 Teachers and employees; nonrenewal of contract; local
boards adopt policy.............................................................................................. HB 362 "The Bible in Literature and History"; urge local boards
offer as elective course ...................................................................................... HR 1255 Timber harvesting operations; local regulation; limitations................................... HB 724 Timber harvesting operations; local regulation; limit effect .................................. HB 672 Timber harvesting; regulatory authority of counties and
municipalities; limitations ................................................................................... HB 244 Used tires; counties and municipalities regulating storage;
enforce ordinances ................................................................................................SB 348 Violation of certain ordinances; increased jail time ............................................... HB 879 Virtual charter schools; provisions ..........................................................................SB 203 War on Terrorism Local Assistance Act; enact...................................................... HB 595 Waste management; disposal facilities; comply with local ordinances ............... HB 1284 Water reservoirs; locally funded; state-takeover; compensation.............................SB 246 Zoning procedures; time when action may not be taken ........................................ HB 510
COUNTY BOARDS OF HEALTH Baby's Right to Know Act; enact ............................................................................. HB 18 Employees' Retirement; certain members; credit for qualified prior service ......................................................................................................... HB 439 Hospitals; nonresident indigent health care; payment; county's liability ............. HB 1443 House Study Committee on the State Public Health System; create.................... HR 1651 Vital records; birth certificates; unwed mothers; identify fathers ........................ HB 1566 Waste management; sewage permits; redesignate certain provisions.................. HB 1468
COURTS (Also, see Crimes and Offenses or Criminal Procedure) Abortion; minors; identification requirements ..................................................... HB 1597 Abortion; minors; parental notification .................................................................. HB 574 Abortion; parental notification; identification requirements.................................. HB 466 Abortion; parental notification; requirements .........................................................SB 240 Adoption and child custody proceedings; 90-day time limit for court decision....................................................................................... HB 1631

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Adoptions and child-placing agencies; records access; birth records; practices and procedures ..................................................................SB 55
Adoptions; name change of office; amend provisions ........................................... HB 176 Adult entertainment; licensing; urge DeKalb County
enforce existing laws ........................................................................................... HR 820 Appeals; certain decisions; exempt zoning and land use cases............................ HB 1215 Appeals; judgments and rulings; amend provisions............................................... HB 322 Appeals; supersedeas bonds and other forms of security;
maximum allowable amount.................................................................................SB 411 Bail; family violence offenses; clarify bond conditions....................................... HB 1489 Bonds and recognizances; remove court's discretion for certain persons .............. HB 918 Carbon Sequestration Registry Act; enact...............................................................SB 356 Carrying weapon without a license; exempt certain court clerks......................... HB 1214 Certain clerks; continuing education ...................................................................... HB 995 Certiorari and appeals; bill of costs; amend provisions.......................................... HB 864 Cherokee Judicial Circuit; add judge...................................................................... HB 269 Cherokee, Gwinnett, and Southern Judicial Circuits; add judges ...........................SB 594 Child custody; court appointed custody evaluator; liability................................. HB 1194 Child placement; adoption petition; time limit requirement ................................ HB 1322 Civil actions; codefendants in different counties; venue...................................... HB 1476 Civil actions; fees and costs; assessed against losing plaintiff............................. HB 1256 Civil actions; habeas corpus procedures; statute of limitations;
filing petitions, jurisdiction...................................................................................SB 337 Civil actions; plaintiff's voluntary dismissal; written notice ................................ HB 1341 Civil cases; required forms for filing complaints or judgments ........................... HB 1595 Civil cases; required forms for filing complaints or judgments ........................... HB 1804 Civil filings and criminal fines; additional charges; repeal certain charges........... HB 869 Civil practice and torts; substantial revision of provisions; health care............... HB 1472 Civil practice; class actions; comprehensive revisions ...........................................SB 217 Class action lawsuit process; urge Congress to reform ........................................ HR 1201 Cobb Judicial Circuit; judges; supplement........................................................... HB 1591 Controlled substances; conditional discharge; expand eligibility ........................ HB 1475 County or consolidated government; police force or sheriff's
office; referendum.............................................................................................. HB 1090 Criminal procedure; demand for trial; service; expiration; appeals ..........................SB 45 Criminal procedure; demands for trial; amend provisions ................................... HB 1264 Criminal procedure; uniformity in sentencing; target
sentences and ranges.......................................................................................... HB 1169 Deprived child; temporary legal custody; provisions............................................... HB 41 District attorneys emeritus; compensation; increase ................................................ HB 55 Divorce case filing fee; increase amount; exception ............................................ HB 1501 Divorce; grounds; time limits; effect on children; class for parents .......................SB 298 Docket No. 02-182; express regret; minority vote dilution.................................... HR 914

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4223

Domestic violence; protection of victims; protective orders...................................SB 293 Driving under the influence; additional penalties; victim
compensation awards............................................................................................. HB 20 Elections; superior court clerks; nonpartisan.......................................................... HB 729 Employees' Retirement; certain court administrators; certain
service credit ........................................................................................................ HB 838 Employment security; family violence; prohibit disqualification ........................ HB 1474 Estates; administration; time for completion of duties......................................... HB 1552 Evidence; expert testimony; standards for admitting ........................................... HB 1398 Evidence; expert testimony; standards for admitting ........................................... HB 1420 Evidence; opinions of certain expert witnesses admissible.................................. HB 1397 Executions; judgments; cancellation when satisfied ............................................ HB 1431 Family violence and stalking offenses; persons convicted;
publication of photo ........................................................................................... HB 1259 Family violence battery; define conviction ............................................................ HB 720 Family violence; mutual protective orders; revise prohibition............................... HB 799 Family violence; temporary relief ex parte; police report or notice..................... HB 1269 Fines and forfeitures; certain traffic fines; pay to state treasury ............................ HB 102 Fines and forfeitures; civil filing fee; indigent defense fund ............................... HB 1807 Fines and forfeitures; technology fees and boards; certain judicial circuits ........ HB 1392 Flint Judicial Circuit; add judge ........................................................................... HB 1355 Frivolous Litigation Prevention Act; enact .......................................................... HB 1803 Frivolous Litigation Prevention Act; enact ............................................................ HB 775 Frivolous Litigation Prevention Act; enact .......................................................... HB 1400 Garnishment; filing costs or fees; prohibit multiple payments .............................. HB 758 Grand juries; certain judges draw from electronic jury box................................... HB 580 Guardian ad litem; liability for damages; immunity .................................................SB 44 Guardian and ward; comprehensive rewrite of provisions..................................... HB 229 Gwinnett Judicial Circuit; add judge ...................................................................... HB 282 Income tax refund; setoff debt; probation fees and restitution orders.................... HB 677 Indigent Defense Act of 2003; enact; circuit public defender;
multicounty capital defender ................................................................................SB 102 Indigent Defense Act; enact; circuit public defenders............................................ HB 828 Indigent defense; Public Defender Standards Council; members ........................ HB 1318 Joint session; message from Governor; invite Justices and
Appellate Judges ...................................................................................................SR 567 Judicial Emergency Act of 2004; enact................................................................ HB 1450 Judicial taxation; urge amendment to U. S. Constitution to prohibit ................... HR 1098 Judicial vacancies; appointment by governor; prohibition; exemption.................. HB 675 Juries; peremptory challenges; equal number of strikes....................................... HB 1657 Juries; peremptory challenges; equal number of strikes....................................... HB 1678 Juries; peremptory challenges; equal number of strikes....................................... HB 1739 Juries; service provisions; Jury Patriotism Act..................................................... HB 1323

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INDEX

Jury duty; exempt certain caregivers and home school teachers.......................... HB 1227 Jury duty; exemptions; certain caregivers and elderly ......................................... HB 1273 Juvenile court judges; compensation from state funds; adjustment ....................... HB 502 Juvenile court; jurisdiction; temporary child support for deprived child ............... HB 655 Juvenile court; jurisdiction; temporary child support order ................................... HB 273 Juvenile justice reform; training programs; pretrial proceedings;
indictment .......................................................................................................... HB 1299 Juvenile proceedings; certain conviction; termination of parental rights............. HB 1632 Juvenile proceedings; court supervision fees; amend provisions......................... HB 1485 Juvenile proceedings; deprived children; amend provisions...................................SB 148 Juvenile proceedings; discovery and inspection; regulate...................................... HB 172 Juvenile proceedings; disposition and evidence against
child in civil action .................................................................................................SB 48 Juvenile proceedings; jurisdiction; minors under age 17 ..................................... HB 1490 Juvenile proceedings; juvenile court jurisdiction; change age ............................. HB 1418 Juvenile proceedings; redefine "child" ................................................................... HB 905 Juvenile proceedings; sibling group placement and visitation;
amend provisions .............................................................................................. HB 1025 Juvenile proceedings; youthful offenders; amend provisions ................................ HB 670 Juvenile traffic offenses; jurisdiction; remove from juvenile court ....................... HB 740 Local victim assistance programs; funding; additional penalty ........................... HB 1562 Local victim assistance programs; funding; amend provisions............................ HB 1561 Magistrates and chief magistrate; nonpartisan elections ........................................ HB 639 Mandatory sealing of records; certain circumstances........................................... HB 1331 Medical malpractice review panels; create........................................................... HB 1508 Memorialize Congress; constitutional amendment prohibiting
judicially imposed taxes..................................................................................... HR 1424 Misdemeanor traffic offenses; fines to be paid into state treasury........................... HB 19 Municipal courts; pretrial intervention and diversion programs ............................ HB 821 Notaries public; amend provisions; superior court fees ....................................... HB 1617 Parental power, grandparent visitation, adoption; prohibition;
certain conviction................................................................................................. HB 330 Pataula Judicial Circuit; change certain terms of court ........................................ HB 1373 Peace Officer and Prosecutor Training Fund; receipts and
appropriations; accounting provisions....................................................................SB 46 Premarital counseling; financial incentive; marriage licenses ............................. HB 1451 Probate courts; certain judges; salary increases ................................................... HB 1372 Senior magistrate; create office; provisions ......................................................... HB 1808 Sentence reduction; review panel; memorandum of decision.............................. HB 1335 Sexual assault victims; protocols and protocol committees;
assistance programs ..............................................................................................SB 457 Sexual offenses; pimping; change provisions ........................................................ HB 438 Sheriffs; change qualifications ............................................................................... HB 612

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4225

Sheriffs engaging in certain businesses; violation of oath of office....................... HB 415 Sheriffs; nonpartisan elections...................................................................................SB 26 Sheriffs; services; increase certain fees .................................................................. HB 824 Southern Judicial Circuit; add judge .................................................................... HB 1051 Southern Judicial Circuit; add judge .................................................................... HB 1126 Special grand juries; certain counties and consolidated
governments; amend ............................................................................................ HB 994 State Bar; jury trial before disbarment; repeal option .......................................... HB 1648 State-wide probation system; terms and conditions; risk-
reducing programs ............................................................................................. HB 1371 Sunshine in Litigation Act; enact ......................................................................... HB 1019 Superior Court Clerks' Cooperative Authority; fees and
records; extend sunset dates................................................................................. HB 810 Superior court clerks; fees and records; repeal sunset provisions.......................... HB 811 Technology and indigent defense fees and certain fines; authorize ....................... HB 240 Ten Commandments; display; Pledge of Allegiance and
national motto; right to recite - CA.................................................................... HR 1348 Torts; medical malpractice; limit attorney's fees.................................................. HB 1813 Torts; structured settlement payment rights; court filings;
cancellation rights .................................................................................................SB 174 Traffic law sentences; restrictions on modification; amend................................... HB 858 Traffic violations bureaus; prosecution of certain misdemeanor offenses............. HB 683 Traffic violations; disposition; amend; suspension of license................................ HB 767 Trial juries; civil cases; challenges for causes...................................................... HB 1484 Trial juries; panels; selection; equal number of peremptory strikes..........................SB 27 Trial juries; peremptory challenges; alternate jurors.............................................. HB 859 Trial juries; state and defense; equal peremptory strikes ....................................... HB 299 Trials; continuance; certain judicial service in another court............................... HB 1455 Violating family violence order; define offense; penalties .................................... HB 812 Violation of certain ordinances; increased jail time ............................................... HB 879 Vital records; birth certificate in legitimations, paternity
orders, and adoptions ............................................................................................SB 263 Weapons; school discipline policies; petition juvenile courts.............................. HB 1388 Workers' compensation; certain claimants; appointment
of guardian; settlements ..................................................................................... HB 1278
COWETA COUNTY Atlanta Regional Commission; certain counties; ratify partial incorporation...................................................................................................... HR 1308 State court; continuation ....................................................................................... HB 1757

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COWETA COUNTY AFRICAN AMERICAN HERITAGE MUSEUM AND RESEARCH CENTER Commend; invite Cynthia Rosers to House ......................................................... HR 1680
COX, DON; commend ........................................................................................... HR 1861
CRABAPPLE CROSSING ELEMENTARY SCHOOL; commend ................. HR 1693
CRAMER, JACK; commend ................................................................................ HR 2002
CRAWFORD COUNTY; board of elections and registration; create .................. HB 1771
CRAWFORD, LUCILLE; commend ................................................................... HR 1222
CREDIT UNIONS; financial institutions; amend provisions...................................SB 405
CRIMES AND OFFENSES (CRIMINAL CODE) Abortion; Due Process and Equal Protection Restoration Act of 2003; enact.................................................................................................. HB 63 Abortion; make unlawful........................................................................................ HB 377 Abortion; minors; identification requirements ..................................................... HB 1597 Abortion; petition superior court for permission........................................................ HB 1 Abortion; Woman's Right to Know Act; enact......................................................... HB 23 Abortion; Woman's Right to Know Act; enact......................................................... HB 52 Amirah Joyce Aden Act; enact; offense of female genital mutilation ................. HB 1477 Arson in the first, second, and third degree; define offenses ..................................SB 184 Assault and battery against county or municipal officers; penalties .................... HB 1219 Assault Weapons Protection Act; enact................................................................ HB 1380 Assistance dogs; interfering with, assaulting, killing; penalties............................. HB 211 Assisted living facilities; Levels I and II; provisions ........................................... HB 1033 Bingo games; operation by auxiliary unit of parent organization .......................... HB 772 Bingo; fee for conducting games; increase............................................................... HB 87 Bingo; operation of games; auxiliaries....................................................................SB 492 Bona fide coin operated amusement machines; regulation .................................... HB 891 Carrying weapons at school functions or safety zones; exceptions to prohibition ................................................................................... HB 1225 Carrying weapon without a license; exempt certain court clerks......................... HB 1214 Carrying weapon without a license; prohibit; exception to prohibition ............... HB 1010 Certain murder convictions; life without parole......................................................SB 442 Child abuse, sexual abuse or exploitation; failure to report; define offense ........ HB 1551 Child endangerment; define various offenses; penalties .........................................SB 467 Child Protection Registry; create.......................................................................... HB 1809
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4227

Children; prohibit sale or offer for sale of child......................................................SB 281 Children's Internet Protection Act; enact; schools, libraries;
funding for computers.............................................................................................SB 52 Child welfare agencies; recall notices on unsafe products;
provide; certain records checks; amend provisions ........................................... HB 1347 Cigarettes and tobacco products; prohibit possession by
minors; exceptions ............................................................................................... HB 653 Cigarettes and tobacco products; sales to minors; amend provisions .................... HB 894 Coin operated amusement machines; revise provisions......................................... HB 573 Computer pornography and child exploitation prevention;
unlawful acts; penalties...........................................................................................SB 51 Computer pornography and child sexual exploitation; increase penalties ..............SB 124 Computer systems; transmission of unsolicited bulk e-mail; prohibit ................. HB 1424 Controlled substances; attempt or conspiracy to commit offense; sentence .......... HB 605 Controlled substances; conditional discharge; expand eligibility ........................ HB 1475 Controlled substances; forfeiture of property; proceeds;
law enforcement museum .................................................................................. HB 1191 Controlled substances forfeitures; dangerous drug lists;
certain first offender status ...................................................................................SB 502 Controlled substances; offense related to addiction; penalty provisions.............. HB 1183 Controlled substances; trafficking in ecstacy; define offense;
addition of local drug-free commercial zones ................................................... HB 1441 Crimes against children; amend provisions; criminal liability............................... HB 197 Crimes against children; negligence, cruelty, methamphetamines,
serious injury, sexual abuse ............................................................................... HB 1108 Crimes against minors; criminal negligence, cruelty, serious
injury; redefine................................................................................................... HB 1057 Crimes against minors; criminal negligence, cruelty, serious
injury; redefine................................................................................................... HB 1329 Crimes against public school employees; redefine school
property; school bus drivers; mandatory training.............................................. HB 1179 Crimes and offenses and torts; film piracy; certain immunity ................................SB 439 Criminal procedure; certain serious violent offenses;
mandatory punishments ..................................................................................... HB 1487 Cruelty to children; endangering a child in the second
degree; criminal negligence ......................................................................................SB 1 Cruelty to children in second degree; nonmerger provision .................................. HB 168 Cruelty to children; methamphetamine; unlawful activities ................................ HB 1135 Cruelty to children; second degree; nonmerger provision ................................... HB 1229 Deadly weapons; carrying to public gathering; exception to prohibition ................ HB 30 Department of Probation and Parole Community Based
Supervision; create............................................................................................. HB 1154 Deposit account fraud; change definition............................................................. HB 1301

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4228

INDEX

Disabled adults and elder persons; abuse, neglect, exploitation; penalties ...............SB 12 Division of probation and parole community based supervision; create ............. HB 1163 DNA; testing of sexual offenders; persons subject to testing..................................SB 482 Domestic violence; protection of victims; protective orders...................................SB 293 Driving under the influence of alcohol or drugs; refusal to
submit to chemical testing; create offense..............................................................SB 13 Driving under the influence of marijuana; prohibition; remove exception.......... HB 1587 Electronic communications systems; subpoenas and warrants; provisions ......... HB 1360 Electronic monitoring devices; condition of probation; unlawful
interference ...........................................................................................................SB 469 Emergency "9-1-1" system; interoperable communications;
wireline and wireless ......................................................................................... HB 1518 Employment; crime victims; unpaid leave to attend proceedings.......................... HB 508 Endangering child through manufacture of methamphetamine;
define offense..................................................................................................... HB 1131 Ethics; disclosure reports and delivery envelopes; file together .......................... HB 1262 Family violence and stalking offenses; persons convicted;
publication of photo ........................................................................................... HB 1259 Family violence battery; define conviction ............................................................ HB 720 Female genital mutilation; define offense ...............................................................SB 418 Feticide; redefine; manslaughter, assault, battery; define unborn child............... HB 1458 Graffiti; compensation to property owners; local governments
establish programs ................................................................................................SB 312 Graffiti; compensation to property owners; use of inmate
labor to remove from private property..................................................................SB 313 Guardian and ward; comprehensive rewrite of provisions..................................... HB 229 Gun-free zones; certain injuries; liability ................................................................. HB 31 Handguns; license fees; exempt law enforcement officers .................................... HB 499 Home arrest; redefine; pretrial arrestees..................................................................SB 487 Housing; certain federal programs; fraud and abuse cases......................................SB 510 Improvements to real property; certain contract offenses .................................... HB 1389 Indigent Defense Act; enact; circuit public defenders............................................ HB 828 Indigent Defense Act of 2003; enact; circuit public defender;
multicounty capital defender ................................................................................SB 102 Interfering with electronic monitoring devices; define offense ........................... HB 1160 Juvenile proceedings; certain conviction; termination of parental rights............. HB 1632 Keeping a place of prostitution; penalties .................................................................SB 77 License to carry pistol; law enforcement officer; no fee ........................................ HB 870 Loaded firearm in private vehicle; repeal certain provisions ................................. HB 113 Long-term care facilities; redefine abuse ............................................................. HB 1381 Metropolitan Atlanta area criminal gang policy and review
committee; urge creation ................................................................................... HR 1569 Offense of fleeing or attempting to elude a police officer; penalties ......................SB 297

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4229

Opening certain accounts using minor's social security number; define offense ...................................................................................... HB 1285
Payday lending, deferred presentment services, advance cash services, certain small loans; violations; penalties ...............................................SB 157
Peeping Toms; expand description....................................................................... HB 1493 Peeping Toms; spying upon or invading the privacy of another.............................SB 151 Perpetrators of felonies; local government rewards; remove limitation ................ HB 359 Persons convicted of certain offenses entering certain
property; criminal trespass................................................................................... HB 364 Psychologists; authority to prescribe drugs; create psycho-
pharmacological formulary.................................................................................. HB 717 Public transit; buses, rapid rail cars, stations; allow bottled water......................... HB 778 Public transportation; certain offenses; local jurisdiction .................................... HB 1690 Reckless conduct against peace or correctional officer; HIV
or hepatitis infected person .................................................................................. HB 711 Reckless conduct; railroad employee injured on job; medical treatment............. HB 1324 Serious violent felonies; portion of sentence; work release status ....................... HB 1556 Sexually offensive material; distribution through electronic media............................SB 5 Sexual offender registry; first offenders; change registration requirements ........ HB 1093 Sexual offenders; probation or parole; register prior to release ............................. HB 577 Sexual offenses; business license sanctions; massage activities .......................... HB 1097 Sexual offenses; pimping; change provisions ........................................................ HB 438 Smokefree Air Act of 2004; enact ...........................................................................SB 507 Smoking in motor vehicle with child in car seat; define offense ......................... HB 1138 Smoking in public places; prohibitions; certain exceptions ................................. HB 1670 State and local governments; employment of illegal aliens; prohibit .................. HB 1634 Street gangs; prohibited activity; punishment provisions ...................................... HB 381 Substance Abuse and Crime Prevention Act; enact ............................................... HB 603 Tattooing near the eye; prohibition; expand exception .......................................... HB 183 Theft; certain fiduciaries; increased penalties ...................................................... HB 1463 Theft; certain offenses involving commercial vehicles; penalties; fines.............. HB 1456 Torts; broadcasters engaged in Levi's Call; immunity ............................................SB 400 Unemployment benefits; additional ground for disqualification............................ HB 731 Uniform Alert; encourage participation by certain cities ..................................... HR 1821 Violating family violence order; define offense; penalties .................................... HB 812 Weapons; carrying without license; repeal certain power of governor................ HB 1741 Weapons; transporting loaded firearm in vehicle; delete certain language.............. HB 40 Weapons; unauthorized possession; affirmative defense ....................................... HB 193 Witnesses; impeachment; bad character or conviction evidence ............................SB 484
CRIMINAL JUSTICE COORDINATING COUNCIL Membership; law enforcement officers; liability insurance for certain temporary service ................................................................................SB 427

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4230

INDEX

CRIMINAL PROCEDURE Aggravated child molestation; prosecution at any time ......................................... HB 190 Appeals; postconviction DNA testing; procedure .................................................. HB 599 Attorney General; prosecution of certain persons; authority ..................................SB 424 Bail; driving under influence; amend release provisions ..................................... HB 1166 Bail; family violence offenses; clarify bond conditions....................................... HB 1489 Bonds and recognizances; appearance bonds; judgments .................................... HB 1006 Bonds and recognizances; remove court's discretion for certain persons .............. HB 918 Bonds and recognizances; sureties and forfeitures; amend provisions ................ HB 1007 Controlled substances; conditional discharge; expand eligibility ........................ HB 1475 Crimes and offenses; certain murder convictions; life without parole....................SB 442 Crime victims; restitution and distribution; escrow accounts; liability................ HB 1249 Crime victims; restitution; certain medical costs ....................................................SB 419 Criminal procedure; certain serious violent offenses; mandatory punishments ....................................................................................................... HB 1487 Criminal procedure; demand for trial; service; expiration; appeals ..........................SB 45 Criminal procedure; demands for trial; amend provisions ................................... HB 1264 Criminal procedure; discovery in felony cases; oral scientific reports; sentencing hearings .................................................................................SB 175 Criminal procedure; sentence reduction; sentence review panel provide basis for reduction..........................................................................SB 441 Criminal procedure; uniformity in sentencing; target sentences and ranges .......................................................................................................... HB 1169 Criminal trials; prosecuting attorney; open and conclude arguments to jury ..................................................................................................SB 414 Department of Probation and Parole Community Based Supervision; create............................................................................................. HB 1154 Division of probation and parole community based supervision; create ............. HB 1163 Driving under the influence; additional penalties; victim compensation awards............................................................................................. HB 20 Electronic Recording of Defendant's Statement Act; enact ................................. HB 1395 Georgia Capital Punishment Study Commission; create........................................ HR 546 Georgia Racial Justice Act; enact ........................................................................... HB 129 Graffiti; compensation to property owners; local governments establish programs ................................................................................................SB 312 Graffiti; compensation to property owners; use of inmate labor to remove from private property...........................................................................SB 313 Home arrest; redefine; pretrial arrestees..................................................................SB 487 Illegal aliens; certain crimes; immigration laws; enforcement............................. HB 1349 Indigent Defense Act; enact; circuit public defenders............................................ HB 828 Indigent Defense Act of 2003; enact; circuit public defender; multicounty capital defender ................................................................................SB 102 Indigent defense; alternate delivery systems ...........................................................SB 512

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4231

Indigent defense; Public Defender Standards Council; members ........................ HB 1318 Indigent defense; state funds; change distribution criteria ..................................... HB 788 Indigent defense; state funds; distribution provisions .......................................... HB 1267 Juries; peremptory challenges; equal number of strikes....................................... HB 1657 Juries; peremptory challenges; equal number of strikes....................................... HB 1678 Juries; peremptory challenges; equal number of strikes....................................... HB 1739 Juvenile justice reform; training programs; pretrial proceedings;
indictment .......................................................................................................... HB 1299 Juvenile proceedings; jurisdiction; minors under age 17 ..................................... HB 1490 Juvenile proceedings; youthful offenders; amend provisions ................................ HB 670 Local victim assistance programs; funding; amend provisions............................ HB 1561 Personal property in custody of law enforcement agency; disposition .................. HB 484 Probation Management Act; enact ....................................................................... HB 1161 Property unlawfully obtained; photographic record............................................... HB 195 Prosecution costs; include certain transportation cost............................................ HB 954 Senior Protection Advisory Council; create ......................................................... HB 1250 Sentence reduction; review panel; memorandum of decision.............................. HB 1335 Serious violent felonies; portion of sentence; work release status ....................... HB 1556 Trial juries; panels; selection; equal number of peremptory strikes..........................SB 27 Trial juries; state and defense; equal peremptory strikes ....................................... HB 299 Trials; young victims of certain crimes; closed circuit
television for questioning .................................................................................... HB 400 Work release programs; felony sentences; provisions ......................................... HB 1182
CRISP COUNTY Cordele-Crisp County Fish Fry; commend spokespersons; invite cooking team to House ............................................................................ HR 1174
CRISP, KRISTEN; commend ............................................................................... HR 1619
CROCKETT, U. S. ARMY STAFF SERGEANT RICKY L. Condolences.......................................................................................................... HR 1028
CROMER, DURWARD ROSS; commend .......................................................... HR 1147
CRONBAUGH, MARY; commend ...................................................................... HR 1945
CROSBY, STACIE RENEE; commend............................................................... HR 1490
CRUELTY TO CHILDREN Child endangerment; define various offenses; penalties .........................................SB 467 Children; prohibit sale or offer for sale of child......................................................SB 281 Crimes against children; amend provisions; criminal liability............................... HB 197

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4232

INDEX

Crimes against children; negligence, cruelty, methamphetamines, serious injury, sexual abuse ............................................................................... HB 1108
Crimes against minors; criminal negligence, cruelty, serious injury; redefine................................................................................................... HB 1057
Crimes against minors; criminal negligence, cruelty, serious injury; redefine................................................................................................... HB 1329
Endangering a child in the second degree; criminal negligence .................................SB 1 Endangering child through manufacture of methamphetamine;
define offense..................................................................................................... HB 1131 Methamphetamine; unlawful activities ................................................................ HB 1135 Second degree; nonmerger provision ..................................................................... HB 168 Second degree; nonmerger provision ................................................................... HB 1229
CULLODEN HIGHLAND GAMES AND SCOTTISH FESTIVAL; invite certain persons to House......................................................... HR 702
CUMBERLAND ISLAND Access to wilderness section; urge action to support ............................................. HR 778
CUMMINGS, BISHOP FRANK CURTIS; commend........................................ HR 1726

D
DACULA MIDDLE SCHOOL; commend ..........................................................HR 1431
DADE COUNTY Commissioner districts; reapportion....................................................................... SB 549 Education districts; reapportion.............................................................................. SB 547
DALTON, CITY OF Homestead exemption; certain residents ..............................................................HB 1782 Homestead exemption; certain residents; referendum .........................................HB 1783
DALTON, JAMES G., SR.; commend .................................................................HR 1641
DAMS Water reservoirs; locally funded; state-takeover; compensation............................ SB 246
DANIEL, ANNA; 4-H honoree; commend..............................................................HR 995
DANIEL, JOSIE NESHELLE; commend ...........................................................HR 1480

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4233

DAVENPORT, LUCILLE BOLT; condolences....................................................HR 965
DAVENPORT, WALLACE; commend ...............................................................HR 1157
DAVID BUSHNELL DAY IN GEORGIA; recognize 8/30/04...........................HR 1796
DAVIS, GENERAL RAYMOND G.; condolences ...............................................HR 951
DAVIS, JOHNATHAN M.; commend .................................................................HR 1486
DAVIS, LEE, 4-H HONOREE; commend...........................................................HR 1080
DAVIS, TROY JAMES; condolences...................................................................HR 1672
DAWSON, CITY OF Terrell County Airport Authority; name and membership; change .....................HB 1495
DAWSON COUNTY HIGH SCHOOL WRESTLING TEAM; commend ................................................................................................HR 1799
DAWSON STREET CHRISTIAN ACADEMY VARSITY FOOTBALL TEAM; invite team to House........................................................HR 1068
DAY CARE Boatright, Anthony DeJuan; designate Senate Bill 24 as "Juan's Law"...............HR 1773 Certain deaths; persons in compensated care; notify coroner ................................HB 357 Certain pre-kindergarten programs and Temporary Assistance to Needy Families; increase state funds...................................................................HB 524 Certain pre-kindergarten programs; licensing; exemptions ...................................HB 525 Child care facilities; liability insurance coverage..................................................... SB 24 Children and youth; day-care employees; require first aid and CPR training ........................................................................................................HB 977 Child welfare agencies; recall notices on unsafe products; provide; certain records checks; amend provisions ...........................................HB 1347 Criminal records; national background checks; child care, elder care, disabled care, volunteers with youth.................................................. SB 198 Early Care and Learning, Department of; create; Georgia Child Care Council; redesignate and transfer to Title 20 .............................................. SB 456 Facilities; licensing; liability insurance required....................................................HB 433 Income tax credit; qualified child care expenses......................................................HB 36 Income tax credit; qualified child care expenses....................................................HB 209 Local boards of education; child abuse, neglect, and abduction; develop prevention program ..............................................................................HB 1723

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4234

INDEX

DAY, SALLY; commend .......................................................................................HR 1991
DEAN BRYANT INTERSECTION; designate....................................................... SR 23
DEATH PENALTY Civil actions; habeas corpus procedures; statute of limitations; filing petitions, jurisdiction.................................................................................. SB 337 Georgia Capital Punishment Study Commission; create........................................HR 546 Georgia Racial Justice Act; enact ...........................................................................HB 129 Juries; peremptory challenges; equal number of strikes.......................................HB 1657 Juries; peremptory challenges; equal number of strikes.......................................HB 1678 Trial juries; panels; selection; equal number of peremptory strikes......................... SB 27
DEBTOR AND CREDITOR Debt adjustment; amend provisions .......................................................................HB 369 Deposit account fraud; change definition.............................................................HB 1301 Garnishment; exemption of certain pension funds; additional exemption.................HB 6 Garnishment; filing costs or fees; prohibit multiple payments ..............................HB 758 Property; exemptions from levy and sale; certain reciprocal exemption ............... SB 347
DECATUR COUNTY; board of elections and registration; create ......................HB 1363
DEEDS Conveying title; recordation; additional requirements .........................................HB 1647 Electronic records and signatures; warranty deeds; acceptance provisions ........... SB 561
DEFENSE, DEPARTMENT OF Sales tax exemption; overhead materials; certain government contractors..........HB 1238
DEGARMO, DIANA; invite to House ..................................................................HR 1284
DEKALB COUNTY Adult entertainment; licensing; urge DeKalb County enforce existing laws ........................................................................................................HR 820 Attendance zone planning; school construction; urge DeKalb County reassess..................................................................................................HR 1257 Chief executive officer and board of commissioners; amend provisions.............HB 1779 Homestead exemption; base year assessed value ...................................................HB 661 Homestead exemption; base year assessed value ...................................................HB 662 Metropolitan Atlanta area criminal gang policy and review committee; urge creation ...................................................................................HR 1569 Recorder's court judge; change terms...................................................................HB 1622 School taxes; reimbursement for collecting ........................................................... SB 386

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4235

DEKALB COUNTY FIRE AND RESCUE SERVICES Station # 2; commend ...........................................................................................HR 1913 Station # 18; commend .........................................................................................HR 1914 Station # 19; commend .........................................................................................HR 1915
DELOACH, TERRI; commend ..............................................................................HR 975
DELTA SIGMA THETA SORORITY, INC. Invite representatives to House; declare 3/19/04 Delta Sigma Theta Day...........HR 1682
DENTAL HYGIENISTS' APPRECIATION DAY Recognize February 7, 2003; invite to House ........................................................HR 105
DENTISTS AND DENTAL HYGIENISTS Additional license fees - CA.................................................................................HR 1169 Amend provisions.................................................................................................HB 1141 Cosmetic dental coverings; urge removal of unlicensed providers........................HR 228 Dental hygienists; increase membership on Dentistry Board.................................HB 284 Dentistry; dental coverings; practicing without a license; authorize arrest............HB 430 Dentistry, State Board of; add additional dental hygienist.....................................HB 980 Dentists; mercury amalgam fillings; prohibit certain usage...................................HB 442 Expert testimony; professional malpractice actions; provisions ..........................HB 1337 Health Care Protection Act; health care licensing violations; penalties................ SB 162 State licensing board; reduce number of members.................................................HB 597 Volunteers in health care, dentistry, and medicine; revise provisions .................HB 1706
DEROTH, JAMES ROBERT; commend ............................................................HR 1666
DESTINY WORLD CHURCH; commend ..........................................................HR 1968
DEVELOPMENT Community Streetcar Development and Revitalization Act; enact........................ SB 516 Development impact fees for educational purposes; local boards collect CA..............................................................................................HR 350 House Local School District Development Impact Fees Study Committee; create ................................................................................................HR 558 House Local School District Development Impact Fees Study Committee; create ..............................................................................................HR 1475 Joint development authorities; county membership in more than one; prohibit certain tax credit ..................................................................... SB 444
DIALLO, DAZON DIXON; commend.................................................................HR 1904

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4236

INDEX

DIETITIANS Health Care Protection Act; health care licensing violations; penalties................ SB 162 State licensing board; reduce number of members.................................................HB 597
DIGITAL EQUIPMENT AND COMPUTERS Access to Postsecondary Education Instructional Material Act; enact ................HB 1020 Children's Internet Protection Act; enact; schools, libraries; funding for computers............................................................................................ SB 52 Colleges and technical schools; textbooks in electronic format.............................HB 712 Computer pornography and child exploitation prevention; unlawful acts; penalties.......................................................................................... SB 51 Computer pornography and child sexual exploitation; increase penalties ............. SB 124 Computer software; redefine; exclusions ...............................................................HB 533 Computer systems; transmission of unsolicited bulk e-mail; prohibit .................HB 1424 Crimes; Child Protection Registry; create ............................................................HB 1809 Education; certain personnel; continuing education online..................................HB 1698 Electronic communications systems; subpoenas and warrants; provisions .........HB 1360 Electronic Recording of Defendant's Statement Act; enact .................................HB 1395 Fines and forfeitures; technology fees and boards; certain judicial circuits ........HB 1392 Grand juries; certain judges draw from electronic jury box...................................HB 580 Income tax credit; teleworking; provisions ..........................................................HB 1374 Income tax returns; electronic filing; extend date ..................................................HB 536 Information technology; urge assistance of consulting firms...............................HR 1263 Internet access tax; urge Congress ban permanently............................................HR 1040 Open records requests; compliance; Internet records.............................................HB 532 Sales tax exemption; certain school clothes, supplies, computer items; limited time ...............................................................................................HB 204 Sales tax exemption; certain school clothes, supplies, computer items; limited time .............................................................................................HB 1412 Sales tax exemption; Internet sales transactions...................................................HB 1252 Sales tax exemption; school clothes, supplies, computers; annually in August..............................................................................................................HB 228 Sales tax exemption; school supplies, clothing, computers; limited time..............HB 250 Sales tax exemption; school supplies, clothing, computers; limited time..............HB 542 Sales tax exemption; school supplies; clothing; computers; limited time............HB 1184 Sexually offensive material or content; distribution through electronic media....................................................................................................... SB 5 Surplus state property; disposal methods; include electronic sale .........................HB 133 Teacher certification renewal; computer skill competency; prohibit requirement ..........................................................................................HB 1053 Teachers; certification renewal; computer skills test not required.......................HB 1172 Technology and indigent defense fees and certain fines; authorize .......................HB 240 Wine shipments; consumers order electronically...................................................HB 154

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4237

DIGITAL IMAGE; commend...............................................................................HR 1136
DILLARD, CITY OF; corporate limits.................................................................HB 1572
DISABLED AMERICAN VETERANS INTERSECTION; designate .............HR 1628
DISABLED PERSONS (See Handicapped Persons)
DISQUE, CODY; invite to House .........................................................................HR 1681
DISTILLED SPIRITS (Also, see Alcoholic Beverages and Alcoholism) Alcoholic beverage sales; certain uniform closing hours; prohibition.................HB 1470 Alcoholic beverages; state excise taxes; increase...................................................HB 378 Alcoholic beverages; Sunday sales; amend provisions ........................................HB 1471
DISTRICT ATTORNEYS (See Prosecuting Attorneys)
DIVORCE (See Domestic Relations)
DIX, HONORABLE SCOTT; committee assignment ...................................... Page 2469
DIXON, CHRISTINA; invite to House.................................................................HR 1172
DIXON, DR. PIERCE KENDAL "P. K."; condolences.......................................HR 954
DNA Appeals; postconviction DNA testing; procedure ..................................................HB 599 Income tax; biotechnology businesses; job tax credit ............................................HB 563 Sales tax; exempt certain biotechnology research, product development or manufacturing ............................................................................HB 567 Testing of sexual offenders; persons subject to testing .......................................... SB 482
DOCKET NO. 02-182; express regret; minority vote dilution................................HR 914
DODGE TOUR DE GEORGIA Commend..............................................................................................................HR 1917 Invite representatives to House.............................................................................HR 1647
DOGS Assistance dogs; interfering with, assaulting, killing; penalties.............................HB 211 Game and fish; licenses; hunting deer with dogs .................................................HB 1289 Hunting deer with dogs; new rules not affect open season ..................................HB 1102 Hunting deer with dogs; permits; amend provisions............................................HB 1558

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4238

INDEX

Hunting deer with dogs; permits; change certain provisions ...............................HB 1230 Hunting deer with dogs; permits; prohibition.........................................................HB 845 Hunting licenses or permits; violations; hunting deer with dogs ........................... SB 406 Liens; treatment, board, or care of animals; change provisions .............................HB 941 Special license plates; revenue dedication; certain nonprofit
organizations - CA .............................................................................................HR 1322
DOLLAR, HONORABLE MATT; committee assignment.................................. Page 40
DOMESTIC RELATIONS Abortion; parental notification; requirements ........................................................ SB 240 Adoption and child custody proceedings; 90-day time limit for court decision.....................................................................................................HB 1631 Adoptions; name change of office; amend provisions ...........................................HB 176 Alimony and child support; financial status of parties; verification ........................HB 21 Alimony; length of time and amount; effect of remarriage....................................HB 749 Amirah Joyce Aden Act; enact; offense of female genital mutilation .................HB 1477 Child abuse; certain sexual abuse; parent report ....................................................HB 241 Child abuse, sexual abuse or exploitation; failure to report; define offense.....................................................................................................HB 1551 Child custody; attorneys' fees and litigation expenses ...........................................HB 507 Child custody; court appointed custody evaluator; liability.................................HB 1194 Child placement; adoption petition; time limit requirement ................................HB 1322 Children; prohibit sale or offer for sale of child..................................................... SB 281 Child support; amend provisions; income deduction order......................................HB 38 Child support; amend provisions; income deduction order....................................HB 149 Child support; guidelines; basic obligation amounts............................................HB 1452 Cruelty to children; endangering a child in the second degree; criminal negligence.................................................................................................. SB 1 Department of Probation and Parole Community Based Supervision; create.............................................................................................HB 1154 Deprived child; temporary legal custody; provisions...............................................HB 41 Division of probation and parole community based supervision; create .............HB 1163 Divorce case filing fee; increase amount; exception ............................................HB 1501 Divorce; grounds; time limits; effect on children; class for parents ...................... SB 298 Domestic violence; protection of victims; protective orders.................................. SB 293 Drivers' licenses; application; child support; additional forms of identification....................................................................................................HB 139 Drivers' licenses; redefine resident; child support; forms of identification............HB 126 Economic Development and Public Safety Act; enact...........................................HB 578 Economic Development and Public Safety Act; enact.........................................HB 1483 Emergency "9-1-1" system; interoperable communications; wireline and wireless .........................................................................................HB 1518

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4239

Family violence battery; define conviction ............................................................HB 720 Family violence; mutual protective orders; revise prohibition...............................HB 799 Family Violence Shelter Confidentiality Act of 2004; enact ................................. SB 147 Family violence; temporary relief ex parte; police report or notice.....................HB 1269 Grandparents' visitation rights; amend provisions .................................................HB 884 Health; advisory committee on hearing in newborn infants; continuation...........HB 1581 Health; advisory committee on hearing in newborn infants; continuation...........HB 1627 Health; advisory committee on hearing in newborn infants; continuation...........HB 1679 Juvenile proceedings; deprived children; amend provisions.................................. SB 148 Local boards of education; child abuse, neglect, and abduction;
develop prevention program ..............................................................................HB 1723 Marriage; union of a man and a woman - CA ......................................................HR 1470 Parental power, grandparent visitation, adoption; prohibition;
certain conviction.................................................................................................HB 330 Petition to change name; confidentiality; amend certain provisions....................HB 1099 Postmajority child support; certain disabilities; provisions..................................HB 1835 Premarital counseling; financial incentive; marriage licenses .............................HB 1451 Recognition of marriage; prohibit certain unions - CA.......................................... SR 595 Schools; student leaving without permission; custody of peace officer...............HB 1480 Sexual assault victims; protocols and protocol committees;
assistance programs ............................................................................................. SB 457 State Commission on Family Violence; sunset date .............................................. SB 535 Unemployment compensation; eligibility; domestic violence .............................HB 1583 Violating family violence order; define offense; penalties ....................................HB 812 Vital records; birth certificate in legitimations, paternity orders,
and adoptions ....................................................................................................... SB 263 Vital records; birth certificates; unwed mothers; identify fathers ........................HB 1566
DOMINY, ROSA KILGORE; commend.............................................................HR 1724
DONALDSON, CHARLES R.; commend ...........................................................HR 1487
DOOLEY, HONORABLE PAT; committee assignment...................................... Page 34
DOOLEY, VINCE; commend ...............................................................................HR 1126
DOOLY COUNTY; county administrator; create office.......................................HB 1209
DORAVILLE POLICE DEPARTMENT; commend .........................................HR 1812
DOROTHY B. PELOTE VIADUCT; designate....................................................HR 589

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4240

INDEX

DOUGHERTY COUNTY Commission districts; change description .............................................................. SB 379 Education districts; change description .................................................................. SB 380 Grant easements...................................................................................................... SR 651
DOUGLAS COUNTY State court; civil actions; additional fee ................................................................. SB 583 Western Area Regional Radio System Authority; create .....................................HB 1715
DOUGLAS, HONORABLE JOHN; committee assignment ................................ Page 31
DOUGLASVILLE, CITY OF Western Area Regional Radio System Authority; create .....................................HB 1715
DOVE HUNTING State-wide uniform open season dates; urge adoption .........................................HR 1401
DOWNTOWN ATHLETIC CLUB; commend ...................................................HR 1134
DRESCHEL, ALLEN; commend .........................................................................HR 1742
DRINKWATER, MS. RUBY SMITH; commend ...............................................HR 1238
DRIVER TRAINING INSTRUCTORS AND SCHOOLS Driver education for minors; income tax credit......................................................HB 813 Driver education fund; create; General Assembly provide by law - CA ...............HR 699 Driver education; requirements; provisions ...........................................................HB 953 Drivers' licenses and training; vehicle insurance lapse fees; truck identification standards; administrative procedure...................................HB 1168 Drivers' licenses for minors; certain instructors sign application...........................HB 452 Drivers' licenses; certain requirement; driver training, schools, and oversight......................................................................................................HB 1056 Drivers' licenses; exempt certain persons from driving exam................................HB 483 Driver training schools and driver's education programs; licensing ......................HB 450
DRIVERS' LICENSES Abortion; parental notification; requirements ........................................................ SB 240 Acknowledgment of implied consent law ..............................................................HB 816 All terrain vehicles; restrictions, violations, penalties; change certain provisions...............................................................................................HB 1294 Application and information records; amend provisions .....................................HB 1560 Application; child support; additional forms of identification ...............................HB 139
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4241

Application; use of military identification card...................................................... SB 262 Cell phones, seat belts, minors; amend provisions...............................................HB 1241 Certain out-of-state applicants; on-the-road driving test not required ...................HB 616 Certain records; furnish to Georgia Bureau of Investigation ...............................HB 1687 Certain requirement; driver training, schools, and oversight ...............................HB 1056 Certain students show parents' address.................................................................HB 1114 Certain suspension; law enforcement officer's legal representation ......................HB 678 Certain suspension; limited driving permits...........................................................HB 169 Certain suspension; limited driving permits...........................................................HB 185 Child Highway Safety Act; amend provisions .....................................................HB 1334 Class D permit holders; limitations ........................................................................HB 187 Controlled substances; conditional discharge; expand eligibility ........................HB 1475 Department of Probation and Parole Community Based
Supervision; create.............................................................................................HB 1154 Disabled persons; identification cards and parking; include
persons age 85 or above.......................................................................................HB 793 Division of probation and parole community based supervision; create .............HB 1163 Driver education fund; create; General Assembly provide by law - CA ...............HR 699 Driver education; requirements; provisions ...........................................................HB 953 Drivers' licenses and training; vehicle insurance lapse fees; truck
identification standards; administrative procedure............................................HB 1168 Driving under the influence of alcohol or drugs; refusal to submit
to chemical testing; create offense......................................................................... SB 13 Driving under the influence; refusal to submit to chemical testing;
create offense .......................................................................................................HB 651 Economic Development and Public Safety Act; enact...........................................HB 578 Economic Development and Public Safety Act; enact.........................................HB 1483 Education; student attendance requirements; amend provisions..........................HB 1193 Exempt certain persons from driving exam............................................................HB 483 Fingerprinting; prohibit ..........................................................................................HB 490 Ignition interlock devices; amend provisions.........................................................HB 449 Ignition interlock devices; limited driving permits; revocation; provisions ........HB 1158 Include pedestrian safety procedures on exam .......................................................HB 153 Juvenile traffic offenses; jurisdiction; remove from juvenile court .......................HB 740 Mailing address other than residence ...................................................................HB 1333 Minors; certain instructors sign application ...........................................................HB 452 Motorized cart; redefine; amend provisions.........................................................HB 1063 Motor vehicle insurance; issuance, renewal, termination;
amend certain provisions ...................................................................................HB 1509 Motor vehicle insurance; termination; exception; certain
military personnel ................................................................................................HB 171 Motor vehicles and traffic; implied consent warning; amend provisions ............HB 1765 Motor vehicles; certain violations; life imprisonment or death................................HB 11

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4242

INDEX

Motor vehicles; certificate of title and driver's license suspension; amend provisions ............................................................................. SB 461
Motor vehicles; radios and mobile phones; prohibit certain use............................HB 125 Motor vehicles; traffic offenses; conviction notification .....................................HB 1159 Priority service at centers......................................................................................HB 1015 Redefine "resident"; amend alien provisions............................................................HB 12 Redefine resident; child support; forms of identification.......................................HB 126 Reduced fees for organ donors; eliminate ..............................................................HB 751 Residency requirements; veteran's license .............................................................HB 356 Revenue; temporary income tax exemption; database of special
driver's license issuance.....................................................................................HB 1309 Revocation; destruction of surrendered licenses ....................................................HB 620 Schools; compulsory attendance; disciplinary actions; codes of conduct;
drivers' licenses .................................................................................................... SB 428 Social security number; prohibit use ...................................................................... SB 564 Suspension; certain time period............................................................................HB 1274 Suspension; minors; controlled substance violation.............................................HB 1023 Suspension; noncompliance with child support; reinstatement..............................HB 872 Suspension; nonresidents; prescribed forms.........................................................HB 1177 Traffic violations; disposition; amend; suspension of license................................HB 767 Truancy Enforcement Act; school attendance; driver's license;
employment ......................................................................................................... SB 392 Uniform rules of the road and drivers' licenses; probation restrictions..................HB 863 Uniform rules of the road; dangerous driving; duty of passenger........................HB 1482 Young drivers; amend provisions...........................................................................HB 124
DRIVING UNDER THE INFLUENCE Additional penalties; victim compensation awards ..................................................HB 20 Drivers' licenses; certain suspension; law enforcement officer's legal representation ..............................................................................................HB 678 Fleeing or eluding police while driving under the influence; felony .....................HB 283 House Study Committee on Penalties for Driving Under the Influence Offenses; create .....................................................................................HR 53 Ignition Interlock Device Providers Act; enact ....................................................HB 1162 Ignition interlock devices; limited driving permits; revocation; provisions ........HB 1158 Juvenile traffic offenses; jurisdiction; remove from juvenile court .......................HB 740 Marijuana prohibition; remove exception ............................................................HB 1587 Motor vehicles and traffic; implied consent warning; amend provisions ............HB 1765 Motor vehicles; certain violations; life imprisonment or death................................HB 11 Refusal to submit to chemical testing; create offense ............................................HB 651 Refusal to submit to chemical testing; create offense .............................................. SB 13 Tests of certain substances; lab certificates; admission as evidence......................HB 238

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4243

DRUGS AND DRUG DEPENDENCY AND ABUSE Advisory committee on seniors and prescription drug costs; establish..................HB 935 Bail; driving under influence; amend release provisions .....................................HB 1166 Child endangerment; define various offenses; penalties ........................................ SB 467 Community Health, Department of; rebates on pharmaceuticals; annual report ................................................................................................ .....HB 1346 Controlled substances; attempt or conspiracy to commit offense; sentence..................................................................................................HB 605 Controlled substances forfeitures; dangerous drug lists; certain first offender status .............................................................................................. SB 502 Controlled substances; offense related to addiction; penalty provisions..............HB 1183 Controlled substances; trafficking in ecstacy; define offense; addition of local drug-free commercial zones ...................................................HB 1441 Crimes against children; negligence, cruelty, methamphetamines, serious injury, sexual abuse ...............................................................................HB 1108 Cruelty to children; methamphetamine; unlawful activities ................................HB 1135 Drivers' licenses; certain suspension; law enforcement officer's legal representation ................................................................................HB 678 Drivers' licenses; suspension; minors; controlled substance violation.................HB 1023 Driving under the influence; additional penalties; victim compensation awards.............................................................................................HB 20 Driving under the influence; chemical testing requests; hospitals receiving state funds ..........................................................................................HB 1293 Driving under the influence of marijuana; prohibition; remove exception...............................................................................................HB 1587 Driving under the influence; refusal to submit to chemical testing; create offense ..........................................................................................HB 651 Driving under the influence; refusal to submit to chemical testing; create offense ............................................................................................ SB 13 Endangering child through manufacture of methamphetamine; define offense.....................................................................................................HB 1131 Fleeing or eluding police while driving under the influence; felony .....................HB 283 Health maintenance organizations; mail-order pharmaceuticals; provisions...........................................................................................................HB 1478 HOPE scholarships; ineligibility; drug-free provisions .......................................HB 1584 House Protection from the Dangers of Methamphetamine Manufacture Study Committee; create ..............................................................HR 1370 House Study Committee on Penalties for Driving Under the Influence Offenses; create .....................................................................................HR 53 Income tax credits; certain pharmaceutical companies ..........................................HB 993 Joint Budgetary Tracking and Forfeiture Tracking Study Committee; create ................................................................................................HR 264 Juvenile traffic offenses; jurisdiction; remove from juvenile court .......................HB 740

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4244

INDEX

Karon's Law; enact; repository; donated prescription drugs ................................HB 1692 Medicaid; medications for certain disorders; prohibit restricting ........................HB 1500 Medicaid; medications for certain illnesses; prohibit restricting .........................HB 1473 Meth Watch Program; commend states that have enacted ...................................HR 1897 Motor vehicles; certain violations; life imprisonment or death................................HB 11 Nuisances; county and municipal abatement powers; unfit buildings ...................HB 474 Optometrists; certain medications for the eye; authority to prescribe..................HB 1039 Patient Safe Prescription Drug Act; electronic data prescription
drug orders ........................................................................................................... SB 179 Pharmacies; State Board powers; drug therapy certification ...............................HB 1427 Physician's assistants; handling of professional samples .....................................HB 1016 Prescription drugs by mail; enrollees in HMO health benefit plans ...................... SB 145 Prescription drugs; manufacturer's price schedule; certain prior
approval requirements........................................................................................HB 1220 Prescription drugs; receipts; include pharmacy cost ............................................HB 1442 Probation system; drug and alcohol screening; provisions ..................................HB 1130 Psychologists; authority to prescribe drugs; create
psychopharmacological formulary ......................................................................HB 717 Substance Abuse and Crime Prevention Act; enact ...............................................HB 603 Tests of certain substances; lab certificates; admission as evidence......................HB 238
DRYDEN, LIEUTENANT COLONEL CHARLES W.; invite to House .........HR 1069
DUDLEY, CAPTAIN CALVIN C., SR.; condolences ........................................HR 1615
DUDLEY, CITY OF; corporate limits ..................................................................HB 1449
DUKE, JUDITH; commend...................................................................................HR 1586
DUKE, NELLIE; commend...................................................................................HR 1241
DUKE, SERGEANT MAJOR MICHAEL HENRY; commend........................HR 1097
DUKES, HONORABLE WINFRED; committee assignment.............................. Page 26
DUPREE, HENRY ALFRED III; commend .......................................................HR 1801
DURHAM MIDDLE SCHOOL SYMPHONIC BAND AND DIRECTOR MICHELLE RICKARD; commend..................................HR 1557

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4245

E
EARL PAULK PARKWAY; designate.................................................................. SR 828
EARP, FRANK; condolences ................................................................................HR 1896
EAST CENTRAL ELEMENTARY SCHOOL; commend ................................HR 1919
EAST DUBLIN, CITY OF; corporate limits ........................................................HB 1784
EAST POINT, CITY OF Charter Commission; create .................................................................................HB 1734 Uniform Alert; encourage participation by certain cities .....................................HR 1821
ECKERD YOUTH ALTERNATIVES; commend..............................................HR 1291
ECONOMY AND ECONOMIC DEVELOPMENT Community Streetcar Development and Revitalization Act; enact........................ SB 516 Economic Development and Fiscal Accountability Act; enact..............................HB 860 Economic Development and Public Safety Act; enact...........................................HB 578 Economic Development and Public Safety Act; enact.........................................HB 1483 Income tax credits; less developed areas; manufacturing and telecommunications facilities ................................................................................ SB 11 Industry, Trade, and Tourism Department; change name to Department of Economic Development ............................................................HB 1529 Iraq; postwar rebuilding; urge president and Congress include African Americans...............................................................................................HR 744 Joint Study Committee on Economic Development of the Lower Muscogee Creek Indian Tribe and Southwest Georgia; create .........................HR 1445 President Bush's 2003 Economic Growth and Tax Relief Plan; urge congressional delegation work to pass ........................................................ SR 226
EDENFIELD, BILLY G.; commend ....................................................................HR 1446
EDGERTON, SERGEANT MARSHALL LANE; condolences ........................HR 1720
EDUCATION Academic Placement and Promotion Policy; amend certain provisions ..............HB 1614 Access to Postsecondary Education Instructional Material Act; enact ................HB 1020 Adequate Yearly Progress Reports; review; appeals............................................HB 1635 American Heritage in Education Act; documents to be posted in public school buildings ........................................................................................ SB 394

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4246

INDEX

Bid opportunities for local governments and boards of education; advertisements.................................................................................... SB 342
Bill of rights for Georgia teachers; enact................................................................HB 275 Board of Regents; power; subject to General Assembly and
Governor - CA .....................................................................................................HR 622 Board of Regents; urge expansion of teacher education program..........................HR 601 Board of Regents; urge inclusion of a professor on board ...................................HR 1816 Bright From The Start: Georgia's Office of Early Care and
Education; create................................................................................................HB 1288 Bullying by students; amend provisions...............................................................HB 1125 Certain pre-kindergarten programs and Temporary Assistance to
Needy Families; increase state funds...................................................................HB 524 Certain personnel; continuing education online ...................................................HB 1698 Certain state and local construction; urge certain design and
material standards ................................................................................................HR 668 Certain teachers; salary step increases; urge State Board of
Education adopt ...................................................................................................HR 145 Certificated professional personnel; compensation................................................HB 271 Certificated professional personnel; regulation......................................................HB 877 Certified School Social Worker Specialists; salary increase..................................HB 320 Charter schools; amend provisions......................................................................... SB 216 Children of deceased POST officers; urge free college tuition................................HR 23 Children's Internet Protection Act; enact; schools, libraries;
funding for computers............................................................................................ SB 52 Children's Vision Improvement and Learning Readiness
Act of 2004; enact..............................................................................................HB 1361 Clean fuel use; state and local governments; public schools; provisions.............HB 1655 Coin operated amusement machines; uses of regulatory fees
and fines - CA ......................................................................................................HR 618 Colleges and technical schools; textbooks in electronic format.............................HB 712 Colleges; certain bookstores; textbooks; maximum price....................................HB 1368 Commercial driveways; permits; certain school bus loading areas........................HB 763 Contracts for school principals; date for tendering ................................................HB 360 Core curriculum; conform to national standards ..................................................HB 1406 County appointed school superintendents; early termination; provisions..............HB 435 County school superintendents; employment contract; publication.....................HB 1123 Crimes against public school employees; redefine school property;
school bus drivers; mandatory training..............................................................HB 1179 Day-care; certain pre-kindergarten programs; licensing; exemptions....................HB 525 Deaf students; certification of interpreters .............................................................HB 295 Development impact fees for educational purposes; local boards
collect - CA..........................................................................................................HR 350
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4247

Division of school board mediation; provisions.....................................................HB 407 Division of school board mediation; provisions.....................................................HB 459 Driver education fund; create; General Assembly provide by law - CA ...............HR 699 Driver education; local boards offer as elective; funding ......................................HB 281 Driver education; requirements; provisions ...........................................................HB 953 Drivers' licenses; certain students show parents' address .....................................HB 1114 Early Care and Learning, Department of; create; Georgia Child
Care Council; redesignate and transfer to Title 20 .............................................. SB 456 Education accountability; comprehensive revision of provisions ..........................HB 515 Education accountability; comprehensive revision of provisions;
Office of Student Achievement ........................................................................... SB 248 Education flexibility and accountability; comprehensive revision
of provisions ........................................................................................................HB 516 Education flexibility and accountability; school councils; charter schools............ SB 429 Education funding; ad valorem tax relief; impose 1 percent sales tax - CA ........HR 1371 Education funding; ad valorem tax relief; impose 1 percent sales tax - CA ........HR 1372 Education funding; repeal ad valorem tax; impose excise tax
on motor fuel - CA.................................................................................................HR 43 Education funding; repeal ad valorem tax; impose sales tax - CA.......................HR 1264 Education funding; repeal ad valorem tax; impose sales tax - CA.......................HR 1265 Education laws; amend provisions .......................................................................HB 1190 Education loans; repayment assistance; public interest lawyers ..........................HB 1607 Education officials; recommending certain products to students;
prohibit compensation .........................................................................................HB 478 Education property tax relief grants; provisions...................................................HB 1543 Education property tax relief grants; provisions...................................................HB 1544 Education, State Board; course credit transfers; end-of-course
assessments ........................................................................................................HB 1407 Electronic textbooks; make available to local boards,
schools, and students............................................................................................HB 363 Elementary and middle school students; daily break ...........................................HB 1013 Endangering a child's education; failure to enroll; penalties..................................HB 406 Georgia Academic Placement and Promotion Policy; amend
certain provisions...............................................................................................HB 1310 Georgia Income Tax Lottery Act; enact ...............................................................HB 1425 Georgia Medical Center Authority; administrative assignment............................. SB 485 Health, education, and social services; certain boards and
councils; amend provisions................................................................................HB 1266 High-performing schools; exemptions from certain requirements.......................HB 1636 High priority school teachers; student loan repayments...........................................HB 99 High school diploma; requirement to hold state office CA...............................HR 1117 Home school students; eligibility; extracurricular programs
in public schools .................................................................................................. SB 210

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4248

INDEX

Home study programs; qualifications of tutors ....................................................HB 1428 HOPE scholarships and grants; amend provisions ................................................. SB 471 HOPE scholarships; eligibility; academic performance review...........................HB 1369 HOPE scholarships; eligibility; amend provisions.................................................HB 706 HOPE scholarships; eligibility; amend provisions...............................................HB 1325 HOPE scholarships; eligibility; entering freshmen ..............................................HB 1271 HOPE scholarships; eligibility; schools with certain accreditation .....................HB 1011 HOPE scholarships; felony or misdemeanor conviction; ineligibility .................HB 1116 HOPE scholarships; ineligibility; drug-free provisions .......................................HB 1584 HOPE scholarships; loss of eligibility; certain freshmen.....................................HB 1689 HOPE scholarships; private colleges; certain part-time eligibility ........................HB 341 House Local School District Development Impact Fees
Study Committee; create......................................................................................HR 558 House Local School District Development Impact Fees
Study Committee; create....................................................................................HR 1475 House Lottery Technology Study Committee; create ..........................................HR 1678 House Study Committee on HB 33; create.............................................................HR 262 House Study Committee on School Restroom Standards; create...........................HR 528 House Study Committee on Uniform High School Grading; create ........................HR 51 Illegal aliens; prohibit receiving state or local services - CA...............................HR 1648 Improvement of Georgia's Pre-K Program Joint Study
Commission; create.............................................................................................. SR 674 Improvement of Georgia's Pre-K Program Joint Study
Commission; create.............................................................................................. SR 760 Income tax credit; qualified education expenses; home study programs ...............HB 337 Income tax credit; teachers; qualified education expenses.....................................HB 431 Industry, Trade, and Tourism, Department of; change name...............................HB 1529 Interscholastic or intramural extracurricular athletic policy; provisions..............HB 1626 Joint enrollment; certain private schools and home study programs .....................HB 985 K-12 public education system; urge standard grading system ............................... SR 850 Kindergarten attendance requirement...................................................................HB 1677 Local boards; adopt code of ethics .........................................................................HB 198 Local boards of education and school councils; amend provisions .....................HB 1208 Local boards of education; certain benefits; authorize funds.................................HB 328 Local boards of education; child abuse, neglect, and abduction;
develop prevention program ..............................................................................HB 1723 Local boards of education; establish start date of school year ...............................HB 930 Local government entities and state authorities; timely payment
for goods and services..........................................................................................HB 374 Local school boards and superintendents; method of selection
provided by law - CA...........................................................................................HR 130 Lottery for education; proceeds; compensation to retailers ...................................HB 934 Lottery for education; proceeds; compensation to retailers ...................................HB 978

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4249

Lottery proceeds; authorized uses; remove capital outlay projects - CA............... SR 678 Lottery proceeds; purposes; remove capital outlay projects - CA .......................HR 1170 Lottery Technology Joint Study Committee; create............................................... SR 907 Mandatory attendance; change age to 17 ...............................................................HB 179 Maximum speed limit; school zones; 25 miles per hour........................................HB 219 Parental Leave Act; enact .....................................................................................HB 1058 Private schools; prayer at athletic events; public school participation.................HB 1290 Professional personnel; results of background checks .........................................HB 1151 Public funding of social services by certain organizations;
exception - CA ...................................................................................................HR 1030 Public funds; certain write-offs; Department of Technical and
Adult Education .................................................................................................HB 1582 Public high schools; establish uniform grading system .......................................HB 1593 Public institutions, schools, and sporting events; quiet reflection
period; urge Congress require..............................................................................HR 172 Public officers and employees; payroll deductions; Higher
Education Savings Plan .....................................................................................HB 1118 Public schools; annually observe Celebrate Freedom Week; week of 9/11...........HB 253 Quality basic education; athletic associations; permit certain
region or classification changes.........................................................................HB 1213 Quality basic education; local share funds; equalization grants;
midterm adjustment ...........................................................................................HB 1539 Quiet reflection in schools; clarification; silent prayer or meditation....................HB 963 Required courses in history and government; State Board prescribe...................HB 1048 Safe Kids Act; enact; develop curriculum............................................................HB 1448 Sales tax exemption; certain school clothes, supplies, computer
items; limited time ...............................................................................................HB 204 Sales tax exemption; certain school supplies and dormitory
items; limited time .............................................................................................HB 1504 Sales tax exemption; school clothes, supplies, computers;
annually in August ...............................................................................................HB 228 Sales tax exemption; school supplies, clothing, computers; limited time..............HB 250 Sales tax exemption; school supplies; clothing; computers; limited time............HB 1184 Sales tax; educational purposes; local boards; performance audit .........................HB 346 Sales tax; educational purposes; millage rate reduction - CA................................ SR 580 Sales to county school board by member; exception to prohibition ........................HB 79 School attendance officers; authority; certain peace officers; duties .....................HB 395 School buildings; construction, demolition, or renovation; notify
adjacent property owners ...................................................................................HB 1426 School bus monitors; provisions...........................................................................HB 1570 School construction; access to public street or road; provisions..........................HB 1068 School council members; staggered terms ...........................................................HB 1122 School councils; amend provisions; State of the School presentation ...................HB 390

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4250

INDEX

School councils; meeting provisions ....................................................................HB 1098 School councils; membership provisions .............................................................HB 1054 School councils; option to include two student members ....................................HB 1613 School counselors; national certification; salary increase......................................HB 761 School Pesticide Act; enact; regulations ..............................................................HB 1042 School psychologists; national certification; salary increase .................................HB 808 School Restroom Standards Act; enact ..................................................................HB 336 School systems; purchasing contracts over $5000; regulations ............................. SB 294 Schools; compulsory attendance; disciplinary actions; codes
of conduct; drivers' licenses................................................................................. SB 428 Schools; grades K-8; urge 30 minutes physical activity daily ...............................HR 968 Schools; health education and physical activity; urge funding ............................HR 1096 Schools; local boards; adopt truancy policy ...........................................................HB 900 Schools; maximum class size; amend provisions.................................................HB 1270 Schools; prohibit certain sales of soft drinks........................................................HB 1124 Schools; promote health education and physical activity....................................... SR 578 Schools; student leaving without permission; custody of peace officer...............HB 1480 Special K-12 Distance Learning School; create ..................................................... SB 579 Special U.S. flag license plate fees; certain education trust fund - CA..................HR 322 "Spread the Word Program Act"; enact; book drives............................................. SB 554 Standard grading system for K-12; urge Board study issue .................................HR 1346 State and local governments; Ten Commandments display; authorize................HB 1609 State and local governments; Ten Commandments display; authorize................HB 1633 State, local governments, local boards of education; timely payment
of goods and services...........................................................................................HB 725 State mandated student assessments; exempt certain international
students ..................................................................................................................HB 33 Student attendance requirements; amend provisions ...........................................HB 1193 Student codes of conduct; violation; certain disciplinary action............................HB 132 Student Finance Authority; editorial changes; certain definitions .......................HB 1547 Student improvement; waiver of certain provisions; exceptions .........................HB 1535 Students; certain acts of physical violence; disciplinary tribunal ..........................HB 583 Students committing certain acts of physical violence;
disciplinary tribunal ...............................................................................................HB 34 Students in transit; certain conditions; not to be counted tardy or absent ..............HB 434 Students under age 16; prohibit permanent expulsion ...........................................HB 962 Teacher certification renewal; computer skill competency;
prohibit requirement ..........................................................................................HB 1053 Teacher salary supplements; certain donations - CA .................................................HR 3 Teachers and employees; nonrenewal of contract; local boards
adopt policy..........................................................................................................HB 362 Teachers; certification renewal; computer skills test not required.......................HB 1172 Teachers; rights for continued employment; restore ................................................HB 81

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4251

Teacher-student ratios; kindergarten and grades one through three in public schools - CA .......................................................................................HR 1578
Textbooks of excessive weight; provisions to protect students from injury ..........HB 412 "The Bible in Literature and History"; urge local boards offer as
elective course....................................................................................................HR 1255 Timely payments for goods and services; local governments and
boards of education; failing to comply ..............................................................HB 1304 Tobacco tax proceeds; uses; Medical Trust Fund - CA .........................................HR 780 Transfer students; courses in Georgia history; requirement; exemptions ............HB 1759 Truancy Enforcement Act; school attendance; driver's license;
employment ......................................................................................................... SB 392 Tuition equalization grants; part-time students; certain HOPE
scholarships..........................................................................................................HB 342 University System; required textbooks; use for six semesters .............................HB 1434 University System; urge Board of Regents to retain textbooks
for 6 semesters ...................................................................................................HR 1344 University System; urge reduction in student fees ...............................................HR 1037 Virtual charter schools; provisions ......................................................................... SB 203 Weapons; school discipline policies; petition juvenile courts..............................HB 1388 Whistleblowers' Protection Act for Public School Employees; enact.................... SB 254
EFFINGHAM COUNTY Effingham Family Connection Commission; membership provisions ................HB 1718
EFFINGHAM COUNTY DAY; recognize 2/23/04 .............................................HR 1396
EHRHART, HONORABLE EARL; committee assignment.............................. Page 645
ELBERT COUNTY Form of government; advisory referendum..........................................................HB 1621 Probate judge and superior court clerk; salary .....................................................HB 1682 Sheriff; compensation...........................................................................................HB 1683 Tax commissioner; compensation ........................................................................HB 1680
ELDERLY Ad valorem tax; exempt full homestead value; senior citizens..................................HB 8 Advisory committee on seniors and prescription drug costs; establish..................HB 935 Ambulance services; reimbursement for Medicaid recipients and indigents ......................................................................................................HB 1720 Assisted living facilities; designation; provisions ................................................HB 1466 Assisted living facilities; Levels I and II; provisions ...........................................HB 1033 Bringing America Home Act; end homelessness; express support......................HR 1312 Certain deaths; persons in compensated care; notify coroner ................................HB 357

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4252

INDEX

Certificate of need; injectable medications administered in home; certain exemptions .............................................................................................HB 1785
Criminal records; national background checks; child care, elder care, disabled care, volunteers with youth ................................................................... SB 198
Disabled adults and elder persons; abuse, neglect, exploitation; penalties .............. SB 12 Disabled persons; identification cards and parking; include persons
age 85 or above ....................................................................................................HB 793 Guardians of incapacitated adults; amend provisions ..........................................HB 1314 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1491 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1492 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1521 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1522 Homestead tax deferral; senior citizens; increase amount .....................................HB 138 House Study Committee on Long-term Care Insurance; create.............................HR 334 Income tax; exempt persons 65 or older.....................................................................HB 5 Independence Plus Act; enact.................................................................................HB 701 Joint Study Committee on Adult and Childhood Obesity and
Prevention; create ..............................................................................................HR 1536 Joint Study Committee on Prescription Drugs for Seniors; create........................... SR 55 Jury duty; exemptions; certain caregivers and elderly .........................................HB 1273 Long-term care facilities; redefine abuse .............................................................HB 1381 Long-term care partnership plans; Social Security Act; urge
Congress delete deadline ...................................................................................HR 1510 Nursing homes; influenza and pneumococcal vaccinations; offer
patients annually ................................................................................................HB 1709 Parking permits; certain transporters of persons with disabilities..........................HB 613 Pharmacy Services Fee Act; enact........................................................................HB 1462 Public assistance; medical helicopter transportation; prohibit
age discrimination..............................................................................................HB 1417 Senior Protection Advisory Council; create .........................................................HB 1250 State health planning and development; health care facilities;
amend provisions ...............................................................................................HB 1376
ELECTIONS Absentee voting; provisions ...................................................................................HB 128 Advisory referendum; using hand-held mobile phone while driving vehicle; prohibit ......................................................................................HB 908 Campaign activities; prohibit on grounds of facilities housing children in state custody...........................................................................HB 49 Campaign contributions; applicants for judgeships; prohibitions ..........................HB 160 Campaign contributions; certain judgeships; disqualification ...............................HB 155 Campaign contributions; disposition and disclosure; requirements.......................HB 163 Candidate qualification challenges; amend provisions ........................................HB 1142

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4253

Candidates for nonjudicial offices in nonpartisan election; provisions..................HB 408 Code of ethics for government service; lobbying, nepotism, gifts,
campaign contributions; comprehensive revision of provisions ......................... SB 108 Congressional districts; amend provisions .............................................................HB 642 Congressional, House, and Senate districts; amend certain provisions................HB 1750 Counties; certain officers; nonpartisan elections..................................................HB 1469 County employees; service as elected officials; provisions .................................HB 1092 County judicial offices; nonpartisan elections; provide by local Act.......................HB 47 Direct recording electronic voting systems; amend provisions..............................HB 427 Elected officials; party affiliation; certain prohibition - CA ....................................HR 89 Election fraud; information leading to arrest; reward ..............................................HB 14 Elections Code; corrections ..................................................................................HB 1247 Election superintendent; office to remain open until ballots are counted ..............HB 114 Electronic recording voting systems; voter-verifiable audit trail;
permanent paper records...................................................................................... SB 500 Ethics; campaign contribution disclosure reports; transfer filing
to State Ethics Commission ................................................................................. SB 144 Ethics; Code of Fair Campaign Practices; provisions ..........................................HB 1769 Ethics; disclosure reports and delivery envelopes; file together ..........................HB 1262 Ethics; disposition of excess campaign contributions .............................................. SB 82 Ethics; distribution of campaign contributions; ordinary and
necessary expenses .............................................................................................. SB 338 Ethics in government; amend provisions................................................................HB 771 Ethics in government; comprehensive reforms ...................................................... SB 168 Ethics in government; comprehensive revisions of provisions ............................. SB 517 Ethics; reforms; campaign contributions; activities on behalf of inmates ............... SB 31 Ethics reforms; public officials' conduct and lobbyist disclosure;
awarding of contracts to vendors; judicial appointments .................................... SB 109 Ethics; required filings; keep envelope or wrapper with report .............................HB 278 Governor's powers; cabinet of advisers, removal of boards,
constitutional officers; and public officials - CA ..............................................HR 1258 Legislative and congressional reapportionment; specify
requirements; community of interest ..................................................................... SB 91 Lobbying; prohibit expenditure of public funds..................................................... SB 446 Magistrates and chief magistrate; nonpartisan elections ........................................HB 639 Nonpartisan elections of local officers; additional officers....................................HB 622 On-site absentee voting; provisions........................................................................HB 752 Petition candidates; notification of requirements ...................................................HB 723 Political party candidates; nominate by plurality vote .............................................HB 27 Public officers; appointed or elected; financial disclosure provisions .....................HB 62 Qualifying fees; certain county officials ................................................................ SB 153 Superior court clerks; nonpartisan..........................................................................HB 729 Voter Choice and Election Access Reform Act of 2003; enact .............................HB 355

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4254

INDEX

Voter registration; application through hunting and fishing license applications .......................................................................................................... SB 541
Voter registration; declare political party; primaries; vote declared party ballot only .....................................................................................................HB 28
Voting precincts; boundaries; gated community ..................................................HB 1481 Voting precincts; boundaries; gated community or planned unit
development.......................................................................................................HB 1228
ELECTRICAL SERVICE Ad valorem tax; exempt certain property used in generating electricity................HB 565 Ad valorem tax; property equipped with certain systems for generating electricity; exempt - CA.....................................................................HR 259 Electric, natural gas, and local phone companies; payment centers.......................HB 311 Electric or gas utility rate hearings; ex parte communication; penalties..............HB 1328 Electric power plants; remove power of eminent domain......................................HB 664 Electric utilities; renewable energy goals...............................................................HB 586 Eminent domain; electric transmission line; prohibit; exception ...........................HB 305 Eminent domain; electric transmission line; prohibit; exception ...........................HB 671 Eminent domain; electric transmission line; Public Service Commission issue certificate .................................................................................HB 22 Eminent domain; electric transmission lines; provisions; certain exceptions ............................................................................................................HB 373 Income tax; credit for premium energy efficient appliances..................................HB 564 Joint Study Committee on Location of Electric Transmission Lines; create......................................................................................................... SR 308 Plasma arc technology; renewable energy; state recognize .................................HR 1759 Power substation in residential neighborhood; urge Georgia Power consult with residents...........................................................................................HR 256 Public Service Commission; administrative fees; collection ...............................HB 1356 Public Service Commission; authority to regulate rates; pilot project .....................HB 50 Public service corporations or utilities; increase certain fees...............................HB 1354 Sales tax exemption; certain gas for production of electricity ...............................HB 202 Sales tax exemption; gas producing electricity; in-state use ................................HB 1502 Unclaimed property; certain dividends or capital credits; disposition .....................HB 24
ELECTRONIC TECHNOLOGY AND TRANSMISSIONS Access to Postsecondary Education Instructional Material Act; enact ................HB 1020 Business and nonprofit corporations; substantial revision of provisions ............... SB 555 Business corporations; update provisions .............................................................. SB 532 Cable television systems; underground cable; installation requirement ..............HB 1625 Children's Internet Protection Act; enact; schools, libraries; funding for computers ......................................................................................................... SB 52 Colleges and technical schools; textbooks in electronic format.............................HB 712

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INDEX

4255

Communication service and devices; unlawful access; penalties ..........................HB 867 Computer pornography and child exploitation prevention; unlawful
acts; penalties......................................................................................................... SB 51 Computer pornography and child sexual exploitation; increase penalties ............. SB 124 Computer software; redefine; exclusions ...............................................................HB 533 Computer systems; transmission of unsolicited bulk e-mail; prohibit .................HB 1424 Crimes; Child Protection Registry; create ............................................................HB 1809 Crimes; peeping Toms; expand description .........................................................HB 1493 Drivers' licenses; application and information records; amend provisions..........HB 1560 Education; certain personnel; continuing education online..................................HB 1698 Electronic communications systems; subpoenas and warrants; provisions .........HB 1360 Electronic Recording of Defendant's Statement Act; enact .................................HB 1395 Electronic records and signatures; warranty deeds; acceptance provisions ........... SB 561 Electronic textbooks; make available to local boards, schools,
and students..........................................................................................................HB 363 Emergency '911' systems; joint authorities; intergovernment contracts ..............HB 1746 Ethics in government; comprehensive reforms ...................................................... SB 168 Ethics in government; comprehensive revisions of provisions ............................. SB 517 Family Violence Shelter Confidentiality Act of 2004; enact ................................. SB 147 Fines and forfeitures; technology fees and boards; certain judicial circuits ........HB 1392 Georgia Commission on the Hard of Hearing; create ..........................................HB 1653 Grand juries; certain judges draw from electronic jury box...................................HB 580 House Lottery Technology Study Committee; create ..........................................HR 1678 Income tax credit; teleworking; provisions ..........................................................HB 1374 Income tax returns; electronic filing; extend date ..................................................HB 536 Information technology; urge assistance of consulting firms...............................HR 1263 Insurance; health care claims; expedited processing..............................................HB 843 Insurance; health care claims; filing, processing, timely payment......................... SB 350 Insurance; service of orders and notice; electronic mailing .................................HB 1203 Insurance; service of orders and notices; authorize electronic mail;
property insurance; claim against policy; define ...............................................HB 1263 Interfering with electronic monitoring devices; define offense ...........................HB 1160 Internet access tax; urge Congress ban permanently............................................HR 1040 L.O.C.A. (Leave Our Children Alone) Alert; encourage cellular
and internet participation ...................................................................................HR 1347 Open records requests; compliance; Internet records.............................................HB 532 Pari-mutuel wagering; General Assembly provide by law - CA............................HR 547 Patient Safe Prescription Drug Act; electronic data prescription
drug orders ........................................................................................................... SB 179 School systems; purchasing contracts over $5000; regulations ............................. SB 294 Sexually offensive material or content; distribution through electronic
media........................................................................................................................ SB 5 Surplus state property; disposal methods; include electronic sale .........................HB 133

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4256

INDEX

Surveillance technology on highways; prohibit recorded images of persons in motor vehicles .................................................................................... SB 603
Tax receivers; taxpayer statistical information; confidentiality .............................HB 529 Technology and indigent defense fees and certain fines; authorize .......................HB 240 Telecommunication companies; process for disputing charges; disclosure.........HB 1149 Torts; broadcasters engaged in Levi's Call; immunity ........................................... SB 400 Traffic control signal monitoring devices; prohibit recording image
of driver..............................................................................................................HB 1268 Uniform rules of the road; mobile telephones; certain prohibition ..........................HB 83 Uniform rules of the road; television in motor vehicles; prohibition;
exception.............................................................................................................. SB 506 Wine shipments; consumers order electronically...................................................HB 154
ELLIOTT, LACY; commend................................................................................HR 1838
ELLIS, GENERAL LARRY R.; commend .........................................................HR 1787
ELROD, CORPORAL STANLEY; invite to House ...........................................HR 1043
ELROD, JACK; commend ....................................................................................HR 1952
EMANUEL COUNTY; board of elections and registration; create......................HB 1370
EMERGENCIES AND EMERGENCY SERVICES Ambulance services; reimbursement for Medicaid recipients and indigents ......................................................................................................HB 1720 Carrying weapons at school functions or safety zones; exceptions to prohibition......................................................................................................HB 1225 Children and youth; day-care employees; require first aid and CPR training .................................................................................................................HB 977 Civil practice and torts; substantial revision of provisions; health care...............HB 1472 Emergencies; firearms; repeal certain power of governor .....................................HB 411 Emergency "9-1-1" system; interoperable communications; wireline and wireless........................................................................................................HB 1518 Emergency '911' systems; joint authorities; intergovernment contracts ..............HB 1746 Emergency management agencies; certain employees; indemnification ............... SB 218 Emergency safety plans; unified incident command system; Airport Anti-Terrorism Training Committee ................................................................... SB 243 Georgia Emergency Management Agency; state government safety plans; exemptions ................................................................................................HB 632 Judicial Emergency Act of 2004; enact................................................................HB 1450 Law enforcement and emergency personnel; line-of-duty disability; certain infections.................................................................................................. SB 604

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INDEX

4257

L.O.C.A. (Leave Our Children Alone) Alert; encourage cellular and internet participation ...................................................................................HR 1347
Motor vehicles; red or blue lights; restrictions; exemptions ................................HB 1287 National Guard; arrest powers ................................................................................ SB 496 Public safety; uniform state-wide radio codes and signals; create .......................HB 1088 Torts; certain emergency health care; limited liability.........................................HB 1339 Torts; certain hospital emergency room physicians; liability...............................HB 1396 Torts; certain hospital emergency room physicians; liability...............................HB 1419 Torts; certain hospital emergency room physicians; liability...............................HB 1805 Torts; federal smallpox vaccination program; hospitals and employees
and health care providers and workers; immunity............................................... SB 336 Uncompensated trauma care; trust fund to pay hospitals - CA ............................HR 1420 Vaccination program for emergency responders; contingent upon
bioterrorism funding ............................................................................................ SB 333
EMERGENCY MEDICAL SERVICES (EMS) RECOGNITION DAY; observe 2/26/04 ...........................................................HR 1351
EMINENT DOMAIN Electric power plants; remove power of eminent domain......................................HB 664 Electric transmission line; prohibit; exception .......................................................HB 305 Electric transmission line; prohibit; exception .......................................................HB 671 Electric transmission line; Public Service Commission issue certificate.................HB 22 Electric transmission lines; provisions; certain exceptions ....................................HB 373 Municipal corporations; transfer interest in property ...........................................HB 1646 Special master; inverse condemnation; provisions.................................................HB 868 Taxable net income; exclude certain capital gains; condemned property............HB 1255 Water reservoirs; locally funded; state-takeover; compensation............................ SB 246
EMISSIONS, MOTOR VEHICLES Income tax credits; low or zero emission vehicles; electric chargers ....................HB 535 Inspections; exempt certain vehicles ....................................................................HB 1548 Inspections; remote sensing technology; create fund .............................................HB 676 Motor vehicle emissions fund; provide by general law - CA.................................HR 356
EMORY UNIVERSITY HOSPITAL; 100th anniversary; commend .................HR 1785
EMORY UNIVERSITY SCHOOL OF MEDICINE; 150th anniversary; commend.........................................................HR 1786
EMPLOYEES' RETIREMENT SYSTEM (See Retirement and Pensions or State Employees)

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4258

INDEX

EMPLOYMENT AND EMPLOYMENT SECURITY Employment; discharge because of absenteeism; amend provisions .....................HB 112 Employment security; alternative base period; part-time work benefits..............HB 1433 Employment security; certain persons seeking part-time work .............................HB 591 Employment security; employer contribution rate; suspension of surcharge.......................................................................................................... SB 529 Employment security; exclude services by certain corporate officers .....................HB 16 Employment security; family violence; prohibit disqualification ........................HB 1474 Equal Pay Day; designate 3/4/04..........................................................................HR 1439 General Assembly; public employee who is member; employer accommodate .....................................................................................................HB 1091 House Study Committee on Equal Pay; create.......................................................HR 319 Income tax credit; certain businesses creating full-time jobs.................................HB 422 Inmates; voluntary labor; privately owned profit-making employers..................HB 1173 Labor and industrial relations; unlawful discriminatory practices; prohibit ..........HB 633 Minimum wage; certain local mandates; preemption ............................................ SB 495 Minors; employment; written permission of parent or guardian..............................HB 13 Parental Leave Act; enact .....................................................................................HB 1058 State-wide Reserve Ratio; employer contribution rate; surcharge .......................HB 1555 Subsequent Injury Trust Fund; dissolution provisions.........................................HB 1579 Supplemental appropriation; Department of Labor................................................HB 647 Truancy Enforcement Act; school attendance; driver's license; employment ......................................................................................................... SB 392 Unclaimed property; disposition of unpaid wages; change provisions ..................HB 744 Unclaimed property; disposition; unpaid wages deemed abandoned.....................HB 733 Unemployment benefits; additional ground for disqualification............................HB 731 Unemployment benefits; eligibility; employee leasing companies, etc. ..............HB 1001 Unemployment benefits; eligibility; military transfer of spouse............................HB 117 Unemployment compensation; eligibility; domestic violence .............................HB 1583
ENDERLE, STAFF SERGEANT JAMES II; commend ...................................HR 1983
ENERGY Electric utilities; renewable energy goals...............................................................HB 586 House Energy Efficient Homes Study Committee; create .......................................HR 64 Natural gas; urge Congress provide policy to ensure adequate supply ................HR 1684 Plasma arc technology; renewable energy; state recognize .................................HR 1759 Savannah River Site; radiation monitoring program; urge Congress restore.................................................................................................HR 1685
ENGELHARD CORPORATION; commend ......................................................HR 1139

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INDEX

4259

ENGINEERS AND LAND SURVEYORS Certificate of registration; eligibility requirements ................................................ SB 449 Engineer-in-training and land surveyor-in-training; certification requirements ....................................................................................HB 986 State licensing board; reduce number of members.................................................HB 597
ENTERPRISE ZONES Income tax; job tax credits; less developed areas; certain businesses....................HB 984 Pervasive poverty area; job tax credits .................................................................HB 1527
ENVIRONMENTAL FACILITIES AUTHORITY Office of Treasury and Fiscal Services; additional powers and duties ................HB 1089
ENVIRONMENTAL PROTECTION (See Conservation and Natural Resources or Hazardous Substances)
EPPS, HONORABLE CARL VON; committee assignment ................................ Page 32
EQUAL PAY DAY; designate 3/4/04....................................................................HR 1439
EQUAL RIGHTS Abortion; Due Process and Equal Protection Restoration Act of 2003; enact..................................................................................................HB 63 Abortion; minor; parental notification....................................................................HB 574 Abortion; petition superior court for permission........................................................HB 1 Abortion; Woman's Right to Know Act; enact.........................................................HB 23 Abortion; Woman's Right to Know Act; enact.........................................................HB 52 Abortion; Woman's Right to Know Act; enact......................................................... SB 23 African Affairs Commission; create.......................................................................HB 937 African Society of the National Summit on Africa Recognition Day; recognize March 12 annually....................................................................HR 1537 American Indian tribes; recognize RedNation of Cherokee New Echota Band.........................................................................................................HB 755 Amirah Joyce Aden Act; enact; offense of female genital mutilation .................HB 1477 Black Farmers and Agriculturists Association, Inc.; urge Congress support certain efforts ........................................................................................HR 1818 Clarence Thomas Tribute Commission; create ......................................................HR 565 Confederate History and Heritage Month; confederate memorials; designate ............................................................................................................HR 1442 Convention on the Elimination of All Forms of Discrimination Against Women; urge U. S. Senate ratify; urge Congress affirm certain women's rights ..............................................................................HR 351
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4260

INDEX

Crimes; abortion; make unlawful ...........................................................................HB 377 Docket No. 02-182; express regret; minority vote dilution....................................HR 914 Eastern Cherokee Indian Tribe; revise address ........................................................ SB 93 Equal Pay Day; designate 3/4/04..........................................................................HR 1439 Estrada, Miguel A.; urge confirmation to U.S. Court of Appeals ..........................HR 564 Fair housing authorities; subpoena power to investigate complaints.....................HB 393 Federal marriage amendment; urge Congress pass ..............................................HR 1063 Female genital mutilation; define offense .............................................................. SB 418 Funk Heritage/Bennett Center at Reinhardt College; designate as
official Frontier and Southeastern Indian Interpretive Center.............................HB 494 Georgia Neighborhood Protection Act; enact ........................................................HB 131 Georgia Peace Officer Standards and Training Council; change
membership........................................................................................................HB 1292 Georgia Racial Justice Act; enact ...........................................................................HB 129 House Study Committee on Equal Pay; create.......................................................HR 319 Iraq; postwar rebuilding; urge president and Congress include
African Americans...............................................................................................HR 744 Joint Study Committee on Economic Development of the Lower
Muscogee Creek Indian Tribe and Southwest Georgia; create .........................HR 1445 Labor and industrial relations; unlawful discriminatory
practices; prohibit ................................................................................................HB 633 Law enforcement officers stopping motorists; prohibit race
considerations ......................................................................................................HB 818 Local governments; land use regulations; housing resources ..............................HB 1624 Marriage; union of a man and a woman - CA ......................................................HR 1470 Minority business enterprises; certification procedures;
amend provisions ................................................................................................. SB 115 Motor vehicles; racial profiling; prohibit .............................................................HB 1327 Nondiscrimination Act of 2003; enact....................................................................HB 885 Public funding; social services by certain religious or sectarian
institutions; exceptions ......................................................................................HB 1761 Public property; restrooms; standards ..................................................................HB 1620 Recognition of marriage; prohibit certain unions - CA.......................................... SR 595 Senate Bill 23; urge consideration by House..........................................................HR 722 State government; prohibit discrimination against certain private
social organizations............................................................................................HB 1200
ESTATES (See Wills, Trusts, and Administration of Estates)
ESTRADA, MIGUEL A.; urge confirmation to U.S. Court of Appeals.................HR 564
ETHERIDGE, CHIEF MASTER SERGEANT JAMES EDWARD, JR.; commend....................................................................HR 1253

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4261

ETHICS IN GOVERNMENT Amend provisions...................................................................................................HB 771 Campaign contribution disclosure reports; transfer filing to State Ethics Commission .............................................................................................. SB 144 Campaign contributions; applicants for judgeships; prohibitions ..........................HB 160 Campaign contributions; certain judgeships; disqualification ...............................HB 155 Campaign contributions; disposition and disclosure; requirements.......................HB 163 Code of ethics for government service; lobbying, nepotism, gifts, campaign contributions; comprehensive revision of provisions ......................... SB 108 Code of Fair Campaign Practices; provisions ......................................................HB 1769 Comprehensive reforms.......................................................................................... SB 168 Comprehensive revisions of provisions ................................................................. SB 517 Disclosure reports and delivery envelopes; file together .....................................HB 1262 Disposition of excess campaign contributions ......................................................... SB 82 Distribution of campaign contributions; ordinary and necessary expenses ........... SB 338 General Assembly Training Institute; appointment of members .............................HB 57 Lobbying; prohibit expenditure of public funds..................................................... SB 446 Public officers; appointed or elected; financial disclosure provisions .....................HB 62 Reforms; campaign contributions; activities on behalf of inmates .......................... SB 31 Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments .................................................... SB 109 Required filings; keep envelope or wrapper with report ........................................HB 278
EVANS, ALISHA; commend ................................................................................HR 1223
EVANS, DAMON Commend..............................................................................................................HR 1128 Invite to House......................................................................................................HR 1374
EVIDENCE Civil practice, evidentiary matters, and liability in tort actions; comprehensive revision of provisions ...............................................................HB 1712 Common Sense Civil Justice Reform Act; enact.................................................... SB 133 Criminal procedure; discovery in felony cases; oral scientific reports; sentencing hearings.............................................................................................. SB 175 DNA; testing of sexual offenders; persons subject to testing................................. SB 482 Electronic communications systems; subpoenas and warrants; provisions .........HB 1360 Expert testimony; professional malpractice actions; provisions ..........................HB 1337 Expert testimony; standards for admitting............................................................HB 1398 Expert testimony; standards for admitting............................................................HB 1420 Guardian and ward; comprehensive rewrite of provisions.....................................HB 229 Medical malpractice civil actions; depositions and discovery; expert opinions...................................................................................................HB 1399

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4262

INDEX

Opinions of certain expert witnesses admissible..................................................HB 1397 Personal property in custody of law enforcement agency; disposition ..................HB 484 Professional malpractice actions; expert testimony and opinions;
standards ............................................................................................................HB 1649 Sexual assault victims; protocols and protocol committees;
assistance programs ............................................................................................. SB 457 Tests of certain substances; lab certificates; admission as evidence......................HB 238 Witnesses; impeachment; bad character or conviction evidence ........................... SB 484
EXAMINING BOARDS (See Licenses or Professions and Businesses)
EXCISE TAX Business and occupation tax; adult bookstores and entertainment outlets and explicit media outlets ........................................................................HB 964 Hotel-motel tax; amend certain definitions ..........................................................HB 1072 Hotel-motel tax; amend definitions ..........................................................................HB 69 Hotel-motel tax; consolidated governments; amend provisions ..........................HB 1524 Hotel-motel tax; continuation; audits; review board; reports...............................HB 1201 Hotel-motel tax; counties and municipalities; amend provisions.........................HB 1525 Motor vehicle rentals; amend definitions .................................................................HB 70 Motor vehicle rentals; amend definitions .............................................................HB 1080 Motor vehicle rentals; gradual elimination...........................................................HB 1283 State excise tax on tobacco products; fund state Medicaid program CA ............HR 229
EXECUTIONS AND JUDICIAL SALES Executions; judgments; cancellation when satisfied ............................................HB 1431 Tax executions and judicial sales; amend certain provisions...............................HB 1198 Tax executions and judicial sales; prohibit certain sales......................................HB 1196 Tax executions; prohibit sales ..................................................................................HB 88 Tax executions; prohibit sales ................................................................................HB 306 Tax executions; prohibit sales ..............................................................................HB 1393

F
FAIR LENDING ACT Amend provisions...................................................................................................HB 142 Fair lending practices; amend provisions .............................................................HB 1171 Points and fees; exclude funding fees for USDVA loans.......................................HB 146 Redefine points and fees; exclude certain fees.........................................................HB 82 Repeal .....................................................................................................................HB 170

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4263

FAMILY (Also, see Domestic Relations) Bail; family violence offenses; clarify bond conditions.......................................HB 1489 Domestic violence; protection of victims; protective orders.................................. SB 293 Employment security; certain persons seeking part-time work .............................HB 591 Employment security; family violence; prohibit disqualification ........................HB 1474 Family violence and stalking offenses; persons convicted; publication of photo ...........................................................................................HB 1259 Family violence battery; define conviction ............................................................HB 720 Family violence; mutual protective orders; revise prohibition...............................HB 799 Family violence; peace officer training; sexual offense cases .............................HB 1233 Family Violence Shelter Confidentiality Act of 2004; enact ................................. SB 147 Family violence; temporary relief ex parte; police report or notice.....................HB 1269 Grandparents' visitation rights; amend provisions .................................................HB 884 House Study Committee on Establishing a Family Day; create...............................HR 54 Juvenile proceedings; sibling group placement and visitation; amend provisions ...............................................................................................HB 1025 Peace officers; investigative training; family violence and sexual offenses .......... SB 426 State Commission on Family Violence; sunset date .............................................. SB 535 Unemployment compensation; eligibility; domestic violence .............................HB 1583 Violating family violence order; define offense; penalties ....................................HB 812
FAMILY AND CHILDREN SERVICES Child abuse; certain sexual abuse; parents report...................................................HB 241 Child abuse; sexual abuse or exploitation; failure to report; define offense.....................................................................................................HB 1551 Child protective services workers; definition; provisions ....................................HB 1554 Child welfare agencies; employee applicants; criminal records checks ..............HB 1347 County director; serve in multiple counties.................................................... .......HB 866 Cruelty to children in second degree; nonmerger provision ..................................HB 168 Foster Parents Bill of Rights; enact ......................................................................HB 1580 House Study Committee on Children's Protective Services; create .....................HR 1686 Local boards of education; child abuse, neglect, and abduction; develop prevention program ..............................................................................HB 1723 Open records exemption; certain personal information .......................................HB 1594 Public records; disclosure; exempt personal information of certain employees ................................................................................................ SB 451
FAMILY, CAREER AND COMMUNITY LEADERS OF AMERICA WEEK IN GEORGIA; recognize February 8-14, 2004................HR 1195
FANNIN COUNTY Commend on 150th anniversary...........................................................................HR 1754
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4264

INDEX

Homestead exemption; base year assessed value .................................................HB 1762 Homestead exemption; certain residents ..............................................................HB 1764 Magistrate court; county law library fees .............................................................HB 1664
FANNIN INN MOTEL AND RESTAURANT; commend .................................HR 1890
FARLEY, EDGE; commend .................................................................................HR 1232
FARMER, GINA; commend .................................................................................HR 1826
FARMS AND FARM PRODUCTS Agricultural Water Conservation Incentive Program; create ................................. SB 436 Agriculture Commissioner; retention and use of moneys ......................................HB 569 Agricultural commodities promotion; assessments; amend certain provisions...............................................................................................HB 1669 Agriculture Commodity Commission on Beef; provisions; Pacific White Shrimp Aquaculture Development Act; enact ........................................HB 1766 Black Farmers and Agriculturists Association, Inc.; urge Congress support certain efforts ........................................................................................HR 1818 Bona fide agricultural property; preferential assessment; additional forms - CA .............................................................................................................HR 21 Eggs; labeling; provisions concerning expiration dates .........................................HB 747 Farmers' markets; license to sell; suspension; prohibition ...................................HB 1186 Farmland Protection Act; enact ..............................................................................HB 822 House Agricultural Research, Extension, and Teaching Programs Study Committee; create ...................................................................HR 1459 Motor vehicle license fees and classes; amend definitions ......................................HB 67 Motor vehicle license fees, classes, restricted plates; amend provisions .............HB 1087 Motor vehicles; license fees and classes; change certain definitions ...................HB 1064 Nuisances; agricultural and forestry facilities ........................................................ SB 511 Peanut producers; marketing orders; required assenting votes ..............................HB 174 Sales tax exemption; fuel for certain swine raising purposes.................................HB 425 Sales tax exemption; ice; poultry processing .......................................................HB 1052 Sales tax exemption; ice; processing and storing poultry and vegetables............HB 1409 School Pesticide Act; enact; regulations ..............................................................HB 1042 State symbols; blueberry; designate as official state berry ..................................HB 1628 Vermiculture; branch of agricultural industry; define..........................................HB 1101 Weight of vehicles and loads; certain limitations; farm products ........................HB 1235
FAYETTE CHAMBER OF COMMERCE AND YOUTH LEADERSHIP FAYETTE; commend...............................................HR 1259

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4265

FEDERAL GOVERNMENT Ad valorem tax; motor vehicles; exempt veterans organizations...........................HB 626 Agricultural commodities promotion; assessments; amend certain provisions...............................................................................................HB 1669 American Heritage in Education Act; documents to be posted in public school buildings ........................................................................................ SB 394 Black Farmers and Agriculturists Association, Inc.; urge Congress support certain efforts ........................................................................................HR 1818 Bringing America Home Act; end homelessness; express support......................HR 1312 Chambliss, Honorable Saxby; invite to House.......................................................HR 241 Children's Vision Improvement and Learning Readiness Act of 2004; enact..............................................................................................HB 1361 Civil actions; habeas corpus procedures; statute of limitations; filing petitions, jurisdiction.................................................................................. SB 337 Class action lawsuit process; urge Congress to reform ........................................HR 1201 CLEAR Act of 2003; H.R. 2671; urge Congress enact........................................HR 1323 Common-sense Consumption Act; enact .............................................................HB 1519 Congressional districts; amend provisions .............................................................HB 642 Congressional, House, and Senate districts; amend certain provisions................HB 1750 Convention on the Elimination of All Forms of Discrimination Against Women; urge U.S. Senate ratify; urge Congress affirm certain women's rights ..............................................................................HR 351 Correctional institutions; housing certain inmates; reimbursement .......................HB 614 Cumberland Island; access to wilderness section; urge action to support..............HR 778 Death tax; urge Congress abolish ...........................................................................HR 982 Defense appropriations legislation; urge Congress enact before other spending bills..............................................................................................HR 989 Driver's license number; prohibit using social security number ............................ SB 564 Economic Development and Public Safety Act; enact...........................................HB 578 Economic Development and Public Safety Act; enact.........................................HB 1483 Education; Certified School Social Worker Specialists; salary increase ...............HB 320 Education; required courses in history and government; State Board prescribe ..................................................................................................HB 1048 Estrada, Miguel A.; urge confirmation to U.S. Court of Appeals ..........................HR 564 Fair Lending Act; amend provisions ......................................................................HB 142 Fair Lending Act; points and fees; exclude funding fees for USDVA loans ......................................................................................................HB 146 Fair Lending Act; repeal.........................................................................................HB 170 Fair lending; redefine points and fees; exclude certain fees.....................................HB 82 Federal marriage amendment; urge Congress pass ..............................................HR 1063 Federal tax cuts; urge Congress make permanent ................................................HR 1041

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4266

INDEX

Fire protection; certain subscriptions; urge Congress to provide federal income tax deduction..................................................................HR 143
George H.W. Bush Presidential Parkway; designate ............................................. SR 588 Georgia Military Pension Fund; certain prior service; certain
call to active duty.................................................................................................HB 464 Health insurance; state employees no longer covered by
federal insurance plan .......................................................................................... SB 282 High risk health insurance; urge officials seek certain federal grants....................HR 561 Homeland security; urge president and Congress provide funding........................HR 855 Human cloning; federal legislation banning; urge passage....................................HR 617 Illegal aliens; certain crimes; immigration laws; enforcement.............................HB 1349 Immigration; urge comprehensive federal reform................................................HR 1375 Income tax credit; qualified child care expenses....................................................HB 209 Income tax credit; qualified research expenses; redefine base amount................HB 1541 Income tax refunds; setoff debt collection; political subdivisions .......................HB 1506 Internet access tax; urge Congress ban permanently............................................HR 1040 Iraq; postwar rebuilding; urge president and Congress include
African Americans...............................................................................................HR 744 Iraq's cultural artifacts; looted and destroyed; urge U. S.
restore and preserve .............................................................................................HR 779 Israel, State of; urge national support; declare Georgia support ..............................HR 50 Joint Legislative and Congressional Redistricting Study
Committee; create ..............................................................................................HR 1626 Joint session; address by President of United States ..............................................HR 942 Joint Study Committee on Legislative and Congressional
Redistricting; create .............................................................................................HR 408 Judicial nominations; urge U.S. Senate support floor vote ..................................HR 1313 Law, Westley Wallace; urge postal service adopt stamp honoring........................HR 979 Legislative and congressional reapportionment; specify
requirements; community of interest ..................................................................... SB 91 Lifetime and retirement savings accounts; urge Congress enact..........................HR 1187 Local boards of education; certain benefits; authorize funds.................................HB 328 Long-term care partnership plans; Social Security Act; urge
Congress delete deadline ...................................................................................HR 1510 Memorialize Congress; constitutional amendment prohibiting
judicially imposed taxes.....................................................................................HR 1424 Minimum wage mandates by local governments; preemption; exceptions .........HB 1258 Minority business enterprises; certification procedures; amend provisions .......... SB 115 Missile defense system; declare support ................................................................ SR 232 Motor vehicles; certain records; subject to Driver's Privacy
Protection Act ......................................................................................................HB 743 Motor vehicles; identification rules; comply with federal provisions..................HB 1243
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4267

National preserve in corridor of Ocmulgee and Altamaha Rivers; urge Congress create..........................................................................................HR 1256
Natural gas; urge Congress provide policy to ensure adequate supply ................HR 1684 Persons supervising children; criminal background checks;
National Crime Information Center.....................................................................HB 316 Pharmacy Services Fee Act; enact........................................................................HB 1462 President Bush's 2003 Economic Growth and Tax Relief Plan;
urge congressional delegation work to pass ........................................................ SR 226 Public institutions, schools, and sporting events; quiet reflection
period; urge Congress require..............................................................................HR 172 Public Revenue Code; conform to federal law.......................................................HB 181 Public Revenue Code; conform to federal law.......................................................HB 534 Public roads; allocation of state and federal funds ................................................. SB 425 Public roads; allocation of state and federal funds; remove
MARTA provisions ............................................................................................. SB 127 Public roads; balancing federal and state funds; certain projects.........................HB 1257 Redevelopment commissions; local authority of certain property;
jurisdiction retroceded by federal government .................................................... SR 858 Sales tax exemption; overhead materials; certain government contractors..........HB 1238 Savannah River Site; radiation monitoring program; urge
Congress restore.................................................................................................HR 1685 School construction; access to public street or road; provisions..........................HB 1068 Secure and Verifiable Identity Document Act; enact...........................................HB 1336 Security deposits; certain military service; termination of lease............................ SB 560 Social security; personal retirement accounts; urge Congress enact......................HR 980 Special license plates; United States flag ...............................................................HB 473 Special U.S. flag license plate fees; certain education trust fund CA .................HR 322 State and local governments; business transactions; use
English only; exception .....................................................................................HB 1119 State and local tax revision; uniform sales and use tax administration................HB 1437 State capitol building in each state; urge Federal Aviation
Administration restrict airspace ...........................................................................HR 148 State depositories; certain letters of credit to secure state funds ............................HB 777 State employees' health insurance; coverage; certain health centers....................HB 1751 State excise tax on tobacco products; fund state Medicaid program CA ............HR 229 State Sovereignty and Federal Tax Funds Act; enact.................................................HB 3 Student Finance Authority; editorial changes; certain definitions .......................HB 1547 Supplemental appropriation; Department of Labor................................................HB 647 Task Force to Review State and Federal Health Insurance
Mandates; create ................................................................................................HB 1330 Teachers Retirement; certain non-public school service; credit.............................HB 873 Ten Commandments; display; Pledge of Allegiance and national
motto; right to recite - CA .................................................................................HR 1348

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4268

INDEX

Terrorists and weapons of mass destruction; urge Congress support President's effort to protect U. S. ............................................................HR 988
Torts; federal smallpox vaccination program; hospitals and employees and health care providers and workers; immunity ............................ SB 336
Uncompensated trauma care; trust fund to pay hospitals - CA ............................HR 1420 United Nations; urge Congress withdraw United States membership .................HR 1194 USA as Judeo-Christian nation; urge Congress reaffirm .........................................HR 27 U. S. Constitution; prior calls for convention to amend;
rescind and repeal ..............................................................................................HR 1343 U. S. Constitution; urge amendment to prohibit judicial taxation........................HR 1098 Veterans' health care; insure mandatory funding; memorialize Congress .............HR 815 Voter Choice and Election Access Reform Act of 2003; enact .............................HB 355
FERGUSON, HONORABLE CHARLES; commend.........................................HR 1288
FERGUSON, JOHN A., JR. Commend..............................................................................................................HR 1734 Invite to House......................................................................................................HR 1527
FILMS, MOTION PICTURES, AND MOVIES Business and occupation tax; adult bookstores and entertainment outlets and explicit media outlets ........................................................................HB 964 Crimes and offenses and torts; film piracy; certain immunity ............................... SB 439 Income tax credit; certain motion picture production investments ......................HB 1775 Income tax credits; certain motion picture production investments.....................HB 1523
FINANCIAL INSTITUTIONS Amend provisions................................................................................................... SB 405 Business and nonprofit corporations; substantial revision of provisions ............... SB 555 Business corporations; update provisions............................................................... SB 532 Disclosure of certain information; consumer's consent required ...........................HB 184 House Study Committee on Lending and Financial Services; create.....................HR 703 Lifetime and retirement savings accounts; urge Congress enact..........................HR 1187 Mortgage loan officers; definitions and provisions..............................................HB 1385 Professions and businesses; amend certain provisions; Soil Scientists Licensing Act of 2004; enact............................................................... SB 449 Theft; certain fiduciaries; increased penalties ......................................................HB 1463
FINERAN, CHRISTINE; commend.....................................................................HR 1158
FINES AND FORFEITURES Certain traffic fines; pay to state treasury...............................................................HB 102 Civil filing fee; indigent defense fund..................................................................HB 1807

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4269

Civil filings and criminal fines; additional charges; repeal certain charges...........HB 869 Controlled substances; certain forfeiture proceeds; state law
enforcement museum........................................................................................... SB 502 Driving under the influence; additional penalties; victim
compensation awards.............................................................................................HB 20 Joint Budgetary Tracking and Forfeiture Tracking Study
Committee; create ................................................................................................HR 264 Local victim assistance programs; funding; additional penalty ...........................HB 1562 Local victim assistance programs; funding; amend provisions............................HB 1561 Misdemeanor traffic offenses; fines to be paid into state treasury...........................HB 19 Peace Officer and Prosecutor Training Fund; receipts and
appropriations; accounting provisions................................................................... SB 46 Technology fees and boards; certain judicial circuits ..........................................HB 1392 Theft; certain offenses involving commercial vehicles; penalties; fines..............HB 1456
FINTON, BRENDAN; commend..........................................................................HR 1833
FIRE PROTECTION AND SAFETY Assisted living facilities; designation; provisions ................................................HB 1466 Assisted living facilities; Levels I and II; provisions ...........................................HB 1033 Bright From The Start: Georgia's Office of Early Care and Education; create................................................................................................HB 1288 Children of certain officers; tuition-free college; General Assembly provide by law - CA .............................................................................HR 26 Children of deceased POST officers; urge free college tuition................................HR 23 Drivers' licenses; certain records; furnish to Georgia Bureau of Investigation ..................................................................................................HB 1687 Early Care and Learning, Department of; create; Georgia Child Care Council; redesignate and transfer to Title 20 .............................................. SB 456 Fire hazards; prohibit smoking within 20 feet of gas pumps ...............................HB 1046 Firefighters' Pension; reemployment of retired firefighters ...................................HB 809 Fire protection; certain subscriptions; urge Congress to provide federal income tax deduction...............................................................................HR 143 Income tax deduction; subscriptions paid for fire protection.................................HB 351 Indemnification; government employed firefighters; rebuttable presumption .....................................................................................HB 1297 Law enforcement officer or fire fighter; claims for temporary disability ............HB 1574 Public safety; uniform state-wide radio codes and signals; create .......................HB 1088 Sales tax exemption; certain sales to volunteer fire departments...........................HB 358 Utility facilities protection; excavating and blasting; amend provisions .............HB 1352 Vaccination program for emergency responders; contingent upon bioterrorism funding ................................................................................... SB 333

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4270

INDEX

FIREARMS Assault Weapons Protection Act; enact................................................................HB 1380 Carrying weapon without license; prohibit; exception to prohibition..................HB 1010 Deadly weapons; carrying to public gathering; exception to prohibition ................HB 30 Emergencies; firearms; repeal certain power of governor .....................................HB 411 Firearms dealers; regulation authority; license provisions; surety bonds .............. SB 528 Gun-free zones; certain injuries; liability .................................................................HB 31 Handguns; license fees; exempt law enforcement officers ....................................HB 499 Hunting deer with firearm during bow season; certain quadriplegics.................... SB 430 License to carry pistol; law enforcement officer; no fee ........................................HB 870 Loaded firearm in private vehicle; repeal certain provisions .................................HB 113 Street gangs; prohibited activity; punishment provisions ......................................HB 381 Weapons; carrying without license; repeal certain power of governor................HB 1741 Weapons; school discipline policies; petition juvenile courts..............................HB 1388 Weapons; transporting loaded firearm in vehicle; delete certain language..............HB 40 Weapons; unauthorized possession; affirmative defense .......................................HB 193
FIREFIGHTERS' RECOGNITION DAY Recognize 2/3/04; commend Georgia firefighters................................................HR 1144
FISH AND FISHING (Also, see Game and Fish) Agriculture Commodity Commission on Beef; provisions; Pacific White Shrimp Aquaculture Development Act; enact ........................................HB 1766 Commercial crabbing; certain violations; punishments .......................................HB 1722 Crabs and crabbing; closure of saltwaters; amend provisions..............................HB 1488 Hunting and fishing; lifetime honorary licenses; certain military veterans .........HB 1586 Hunting and fishing; preserve citizens' rights - CA................................................HR 985 Lifetime sportsman's licenses; certain nonresidents; provisions ..........................HB 1362 Right of citizens to hunt and fish; certain restrictions - CA ................................... SR 563 Spear fishing in certain waters; authorize.............................................................HB 1095 Voter registration; application through hunting and fishing license applications .............................................................................................. SB 541
FISHER, BARBI; commend..................................................................................HR 1976
FITZGERALD, FIRE CHIEF GUY; commend..................................................HR 1463
FLAG (See State Symbols)
FLANDERS, JAMES BYRD; condolences..........................................................HR 1747
FLEMING, HELEN; commend ............................................................................HR 1595

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4271

FLETCHER, PATRICIA S.; commend ...............................................................HR 1676
FLIEG, NATHAN; commend ...............................................................................HR 1145
FLINT JUDICIAL CIRCUIT; add judge ............................................................HB 1355
FLOWERY BRANCH HIGH SCHOOL LADY FALCONS BASKETBALL TEAM; commend ................................................HR 1571
FLOYD COUNTY Convey property ..................................................................................................... SR 652 Grant easement ....................................................................................................... SR 651 Homestead exemption; certain residents ..............................................................HB 1768 Homestead exemption; certain residents ..............................................................HB 1770
FOLEY, BLAINE; commend ................................................................................HR 1143
FOOD Agriculture Commodity Commission on Beef; provisions; Pacific White Shrimp Aquaculture Development Act; enact ............................HB 1766 Common-sense Consumption Act; enact .............................................................HB 1519 Eggs; labeling; provisions concerning expiration dates .........................................HB 747 Food service establishments serving tea; requirements..........................................HB 819 Insurers; food or refreshments at seminars; provisions........................................HB 1348 Malt beverages; free tasting; brewery tours; food ................................................HB 1236 Meat, poultry, seafood; mobile sale vehicles; license expiration.........................HB 1234 Milk and milk products; standards and requirements; amend provisions .............. SB 401 National Eating Disorders Awareness Week; urge Department of Human Resources undertake studies.............................................................HR 1029 Sales tax exemption; food and beverages; repeal; homeowner's incentive adjustment trust fund............................................................................HB 258 Sales tax on certain food and beverages; allocate to homeowner's incentive adjustment - CA ...................................................................................HR 108 Sales tax; phased-in exemption; food and beverages in vending machines...........HB 481
"FOR THE KID IN ALL OF US DAY"; recognize 2/27/04 ..............................HR 1394
FORECLOSURE Tax sales; redemption of property; personal service of certain notice...................HB 654
FOREIGN GOVERNMENTS Boys and Girls Clubs; certain members; British ConsulateGeneral; certain English teens; commend; invite to House...............................HR 1321

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4272

INDEX

Business and nonprofit corporations; substantial revision of provisions ............... SB 555 China, Republic of; commend efforts in joining the United
Nations and other international organizations ...................................................HR 1758 Economic Development and Public Safety Act; enact...........................................HB 578 Economic Development and Public Safety Act; enact.........................................HB 1483 Foreign corporations; amend certain provisions .................................................... SB 555 International Affairs Coordinating Council; create ................................................HB 324 Iraq; postwar rebuilding; urge president and Congress include
African Americans...............................................................................................HR 744 Iraq's cultural artifacts; looted and destroyed; urge U. S. restore
and preserve .........................................................................................................HR 779 Israel, State of; urge national support; declare Georgia support ..............................HR 50 Secretary of State; director of protocol and international affairs;
create position ......................................................................................................HB 458 State agencies; contracts for services; prohibit outside U.S.................................HB 1281 United Nations; urge Congress withdraw United States membership .................HR 1194
FOREST PARK, CITY OF Homestead exemption; municipal purposes ........................................................... SB 615 Uniform Alert; encourage participation by certain cities .....................................HR 1821
FOREST RESOURCES Ad valorem tax; bona fide conservation use property; expand preferential assessment ......................................................................................HB 1344 Bona fide agricultural property; preferential assessment; additional forms - CA .............................................................................................................HR 21 Carbon Sequestration Registry Act; enact.............................................................. SB 356 Conservation use property; greenspace; eliminate acreage limitation CA........HR 1131 Forest Heritage Trust Act of 2004; enact ............................................................... SB 480 House Agricultural Research, Extension, and Teaching Programs Study Committee; create....................................................................................HR 1459 Income tax credit; qualified reforestation expenses ...............................................HB 540 Nuisances; agricultural and forestry facilities ........................................................ SB 511 State licensing board; reduce number of members.................................................HB 597 Timber harvesting operations; local regulation; limitations...................................HB 724 Timber harvesting operations; local regulation; limit effect ..................................HB 672 Timber harvesting; regulatory authority of counties and municipalities; limitations ...................................................................................HB 244
FORESTRY DAY AT THE CAPITOL Recognize 2/10/04; invite Monte Simpson, Andy Stone, and Steve McWilliams to House ..............................................................................HR 1176

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4273

FORFEITURE OF PROPERTY (See Fines and Forfeitures)
FORGERY AND FRAUD Computer systems; transmission of unsolicited bulk e-mail; prohibit .................HB 1424 Crimes; Child Protection Registry; create ............................................................HB 1809 Crimes; opening certain accounts using minor's social security number; define offense ......................................................................................HB 1285 Deposit account fraud; change definition.............................................................HB 1301 Electronic communications systems; subpoenas and warrants; provisions .........HB 1360 Housing; certain federal programs; fraud and abuse cases..................................... SB 510 Insurance fraud; violations; penalty provisions....................................................HB 1094 Insurance; service of orders and notices; authorize electronic mail; property insurance; claim against policy; define ...............................................HB 1263 Peace Officers' Annuity and Benefit; include certain fraud investigators..............HB 715
FORREST "PREACHER" SAWYER MEMORIAL PARKWAY; designate ........................................................................................HR 1469
FORSYTH COUNTY Atlanta Regional Commission; certain counties; ratify partial incorporation...........................................................................................HR 1308 Board of commissioners; compensation and expenses payable ...........................HB 1827 Board of registrations and elections; chairperson's compensation .........................HB 932
FOWLER, ALAN; 2004 Teacher of the Year; commend .....................................HR 1027
FOWLER, ALFRED; commend ...........................................................................HR 1969
FRANCIS, KEVIN L.; commend..........................................................................HR 1509
FRANKLIN, BOBBY U.S. Army National Guard Staff Sergeant; condolences .....................................HR 1792
FRANKLIN COUNTY FUTURE FARMERS OF AMERICA National championship floriculture team and advisor; commend........................HR 1600
FRANKLIN COUNTY YOUNG FARMERS; commend...................................HR 1616
FRAUD (See Forgery and Fraud)
FRED EMORY SMITH MEMORIAL BRIDGE; designate ...............................HR 590

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4274

INDEX

FREDERICK DOUGLASS HIGH SCHOOL Commend; participation in certain competition ...................................................HR 1696
FREE AND ACCEPTED MASONS OF GEORGIA AND THE ORDER OF THE EASTERN STAR; invite to house .................................HR 95
FREEMAN, LIEUTENANT COLONEL MYRON E.; commend ....................HR 1539
FRIEND, RYAN; commend ..................................................................................HR 2022
FRINKS, DR. GOLDEN A.; commend ................................................................HR 1636
FRISCH, MATTHEW AARON Commend..............................................................................................................HR 1564 Commend..............................................................................................................HR 1632 Commend..............................................................................................................HR 2005
FRISCH, MICHAEL ALAN Commend..............................................................................................................HR 1563 Commend..............................................................................................................HR 1633 Commend..............................................................................................................HR 2006
FRUMAN, DON WILLIAM; commend ..............................................................HR 1661
FUEL (See Gas, Gasoline, and Gas Service)
FULTON COUNTY Atlanta and Fulton County Recreation Authority; limitation of powers................ SB 230 Atlanta-Fulton County Local Government Restructuring Study Commission; create .................................................................................HR 1188 Certain counties; certain limitation on annexation; repeal .....................................HB 906 Fulton County School Employees Pension; cost-of-living increases.....................HB 975 Homestead exemption; base year assessed value ...................................................HB 928 Homestead exemption; base year assessed value ................................................... SB 610 Homestead exemption; senior citizens ................................................................... SB 142 House Atlanta-Fulton County Local Government Restructuring Study Committee; create....................................................................................HR 1576 House Sandy Springs Study Committee; create .....................................................HR 603 Judicial Retirement; Fulton County State Court judges; membership ...................HB 441 Library system; specify name; membership........................................................... SB 231 Metropolitan Atlanta area criminal gang policy and review committee; urge creation ...................................................................................HR 1569
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4275

Operation of certain recreational programs; repeal constitutional amendment authorizing ....................................................................................... SB 196
Operation of certain recreational programs; repeal constitutional amendment authorizing ....................................................................................... SB 197
Regional Commission on Homelessness; create ..................................................HB 1652 Sandy Springs; incorporate.....................................................................................HB 150 Sandy Springs; incorporate; new charter................................................................HB 969 Sandy Springs; incorporation and charter ................................................................ SB 49
FUNERAL DIRECTORS AND EMBALMERS State licensing board; reduce number of members.................................................HB 597

G
GAE LEGISLATIVE CONFERENCE DAY; recognize 2/16/04 ......................HR 1250
GAILEY, NICHOLAS; commend ........................................................................HR 1938
GAINES CHAPEL AFRICAN METHODIST EPISCOPAL CHURCH; commend...........................................................................................HR 1667
GAINESVILLE HIGH SCHOOL GIRLS GOLF TEAM Invite team and coach to House..............................................................................HR 967
GAINESVILLE HIGH SCHOOL LADY RED ELEPHANTS BASKETBALL TEAM; invite team to house ..........................HR 1532
GAINESVILLE, CITY OF Board of education; elections ...............................................................................HB 1675 Homestead exemption; certain residents ..............................................................HB 1753
GAMBLE, WILBUR; commend...........................................................................HR 1556
GAMBLING Counties and municipalities; authorization; pari-mutuel betting and casino gambling - CA .................................................................................HR 1421 House Study Committee on Pari-mutuel Betting and Casino Gambling; create................................................................................................HR 1124 House Study Committee on Pari-mutuel Betting on Horse Racing; create............HR 781 Pari-mutuel wagering; General Assembly provide by law - CA............................HR 547

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4276

INDEX

GAMBRO HEALTHCARE UNIT Commend; recognize 4/18/04 as "Nurse Appreciation Day"...............................HR 1206
GAME AND FISH Agriculture Commodity Commission on Beef; provisions; Pacific White Shrimp Aquaculture Development Act; enact ............................HB 1766 Commercial crabbing; certain violations; punishments .......................................HB 1722 Conform Code references to House and Senate committee names........................HB 846 Crabs and crabbing; closure of saltwaters; amend provisions..............................HB 1488 Deer hunting; closed and open seasons, bag limits, antler restrictions; amend provisions ............................................................................. SB 317 Dove hunting; state-wide uniform open season dates; urge adoption..................HR 1401 Harvest-hunt preserves; authorize and regulate....................................................HB 1651 Hunting; alligators and certain other wildlife; amend regulations .........................HB 814 Hunting; amend provisions; commercial deer hunting preserves ..........................HB 247 Hunting and fishing; honorary licenses; disability certification...........................HB 1608 Hunting and fishing; lifetime honorary licenses; certain military veterans .........HB 1586 Hunting and fishing; preserve citizens' rights - CA................................................HR 985 Hunting deer with dogs; new rules not affect open season ..................................HB 1102 Hunting deer with dogs; permits; amend provisions............................................HB 1558 Hunting deer with dogs; permits; change certain provisions ...............................HB 1230 Hunting deer with dogs; permits; prohibition.........................................................HB 845 Hunting deer with firearm during bow season; certain quadriplegics.................... SB 430 Hunting licenses or permits; violations; hunting deer with dogs ........................... SB 406 Hunting; primitive weapons; muzzleloading firearms; amend provisions ...............................................................................................HB 1703 Industry, Trade, and Tourism, Department of; change name...............................HB 1529 Law enforcement officer; disabled in line of duty; retention of weapon and badge................................................................................................HB 158 Licenses; hunting deer with dogs .........................................................................HB 1289 Lifetime sportsman's licenses; certain nonresidents; provisions ..........................HB 1362 Natural Resources; conservation rangers; powers; watercraft inspection............HB 1185 Permits to kill certain deer; authorize.......................................................................HB 80 Right of citizens to hunt and fish; certain restrictions - CA ................................... SR 563 Spear fishing in certain waters; authorize.............................................................HB 1095 Voter registration; application through hunting and fishing license applications .............................................................................................. SB 541 Wild animal permit; exempt Bengal cat .................................................................HB 227
GANGS (See Street Gangs)

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4277

GARDEN CITY, CITY OF Garden City Area Convention and Visitors Bureau Authority; create.................HB 1115 Homestead exemption; unremarried surviving spouse.........................................HB 1730
GARDEN CITY POLICE DEPARTMENT; commend .....................................HR 1055
GARDEN CLUB OF GEORGIA, INC. Commend; invite Jaydee Ager, president, to House ............................................HR 1178
GARDEN LAKES ELEMENTARY SCHOOL; commend ...............................HR 1922
GARNER, KITTIE LANCASTER; congratulate on 100th birthday ..................HR 1099
GARNISHMENT Exemption of certain pension funds; additional exemption .......................................HB 6 Filing costs or fees; prohibit multiple payments ....................................................HB 758
GARRETT, FALLON BETH; invite to House....................................................HR 1175
GAS, GASOLINE, AND GAS SERVICE Clean fuel use; state and local governments; public schools; provisions.............HB 1655 Electric, natural gas, and local phone companies; payment centers.......................HB 311 Electric or gas utility rate hearings; ex parte communication; penalties..............HB 1328 Fire hazards; prohibit smoking within 20 feet of gas pumps ...............................HB 1046 Gasoline dealers; registration; amend provisions...................................................HB 111 House Study Committee on Carbon Monoxide Poisoning; create.......................HR 1581 Income tax; credit for premium energy efficient appliances..................................HB 564 Motor fuel and road tax; amend certain definitions .............................................HB 1078 Motor fuel tax and sales tax; dealers and distributors; amend certain provisions...............................................................................................HB 1413 Natural gas competition and deregulation; regulated providers; amend provisions .................................................................................................HB 889 Natural gas marketers; bills; late fees...................................................................HB 1430 Natural gas services; rate-making method; provisions.........................................HB 1514 Natural gas; universal service fund; extending services.......................................HB 1671 Natural gas; urge Congress provide policy to ensure adequate supply ................HR 1684 Public Service Commission; administrative fees; collection ...............................HB 1356 Public Service Commission; authority to regulate rates; pilot project .....................HB 50 Public service corporations or utilities; increase certain fees...............................HB 1354 Retail gasoline dealers; post certain warning signs ................................................HB 388 Revenue bonds; redefine undertaking; remove certain referendum requirement.......................................................................................HB 689
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4278

INDEX

Sales and motor fuel taxes; dealers and distributors; amend provisions ..............HB 1459 Sales tax exemption; certain gas for production of electricity ...............................HB 202 Sales tax exemption; fuel for certain swine raising purposes.................................HB 425 Sales tax exemption; gas producing electricity; in-state use ................................HB 1502 Sales tax exemption; liquefied gas; horticultural purposes ......................................HB 96
GAULT, HONORABLE RICHARD S.; condolences.........................................HR 1618
GENERAL ASSEMBLY Adjournment; meeting dates; 1/12/2004 through 2/16/2004..................................HR 944 Adjournment; meeting dates; 2/16/2004 through 3/1/2004..................................HR 1266 Adjournment; meeting dates; 2/26/2004 through 3/8/2004..................................HR 1400 Adjournment; meeting dates; 3/4/2004 through 3/15/2004..................................HR 1471 Adjournment; meeting dates; 3/15/2004 through 3/22/2004................................HR 1575 Adjournment; meeting dates; 3/22/2004 through 3/24/2004................................HR 1729 Adjournment; meeting dates; 3/24/2004 through 3/31/2004................................HR 1732 Adjournment; meeting dates; 3/31/2004 through 4/15/2004................................HR 1819 Adjournment; meeting dates; 4/1/2004 through 4/7/2004; sine die ..................... SR 1101 Annual reports, budgets, audits; notify General Assembly of availability ............ SB 431 Appropriations bills; conference committee changes; amend provisions ............HB 1224 Budget Act; eliminate continuation budget report; apply zero-base budgeting ................................................................................................. SB 8 Budget; eliminate continuation report; zero-base budgeting..................................HB 203 Conform Code references to House and Senate committee names........................HB 846 Congressional, House, and Senate districts; amend certain provisions................HB 1750 Convention on the Elimination of All Forms of Discrimination Against Women; urge U.S. Senate ratify; urge Congress affirm certain women's rights ..............................................................................HR 351 Elected officials; party affiliation; certain prohibition - CA ....................................HR 89 Elected officials; prohibit party affiliation change; exception - CA ......................HR 355 Eligibility to prefile bills and resolutions ...............................................................HB 629 Ethics; campaign contribution disclosure reports; transfer filing to State Ethics Commission ..................................................................................... SB 144 Ethics; disposition of excess campaign contributions .............................................. SB 82 Ethics in government; comprehensive reforms ...................................................... SB 168 Ethics; reforms; campaign contributions; activities on behalf of inmates ............... SB 31 Fiscal Note Act; certain bills; require statement upon introduction.........................HB 10 General appropriations; FY 2003-2004..................................................................HB 120 General appropriations; FY 2004-2005................................................................HB 1111 General appropriations; FY 2004-2005................................................................HB 1181 General appropriations; restrict amendments increasing - CA...............................HR 376 General Assembly and Lieutenant Governor; temporary reduction in salary.................................................................................................. SB 76

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4279

General Assembly convened; notify Governor ...................................................... SR 566 General Assembly, Lt. Governor, House Speaker; term limits - CA .....................HR 354 General Assembly members; annual salaries; reduce 5 percent ............................HB 192 General Assembly members; salary; four equal monthly payments ......................HB 897 General Assembly Training Institute; appointment of members .............................HB 57 Georgia Capital Punishment Study Commission; create........................................HR 546 Governor's powers; cabinet of advisers, removal of boards,
constitutional officers, and public officials - CA...............................................HR 1258 Improvement of Georgia's Pre-K Program Joint Study
Commission; create.............................................................................................. SR 674 Improvement of Georgia's Pre-K Program Joint Study
Commission; create.............................................................................................. SR 760 Inmate transfers; limitations on requests ................................................................HB 741 Interstate cooperation; include Southern Legislative Conference..........................HB 794 Joint Budgetary Tracking and Forfeiture Tracking Study
Committee; create ................................................................................................HR 264 Joint Legislative and Congressional Redistricting Study
Committee; create ..............................................................................................HR 1626 Joint MARTA Finance Study Committee; create...................................................HR 147 Joint Mold Standards Study Committee; create .......................................................HR 52 Joint session; address by President of United States ..............................................HR 942 Joint session; message from Chief Justice of Supreme Court................................HR 945 Joint session; message from Governor; invite Justices and
Appellate Judges .................................................................................................. SR 567 Joint Study Committee on Adult and Childhood Obesity
and Prevention; create........................................................................................HR 1536 Joint Study Committee on Certified Professional Midwifery; create ....................HR 227 Joint Study Committee on Coastal Marshlands Protection; create ........................HR 271 Joint Study Committee on Economic Development of the Lower
Muscogee Creek Indian Tribe and Southwest Georgia; create .........................HR 1445 Joint Study Committee on Legislative and Congressional
Redistricting; create .............................................................................................HR 408 Joint Study Committee on Prescription Drugs for Seniors; create........................... SR 55 Joint Study Committee on State Government Decentralization; create ...................HR 24 Joint Study Committee on State Retirement Plan Options; create ......................... SR 107 Joint Study Committee on the Rehabilitation of the Winecoff
Hotel; create.........................................................................................................HR 529 Joint Study Committee on Tobacco Tax Evasion; create.....................................HR 1309 Joint Study Committee on Truck and Highway Safety; create ............................HR 1125 Joint Study Committee on Truck and Highway Safety; create .............................. SR 669 Joint Study Committee on Truck Safety on the Highways; create.......................HR 1629 Joint Water Conservation Study Committee; create............................................... SR 579

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4280

INDEX

Legislative and congressional reapportionment; specify requirements; community of interest ..................................................................... SB 91
Legislative Retirement; General Assembly; membership; prior service................HB 300 Lobbying practices; state government; prohibit public funds ..................................HB 15 Lobbying; prohibit expenditure of public funds..................................................... SB 446 Lottery Technology Joint Study Committee; create............................................... SR 907 Public employee who is member; employer accommodate .................................HB 1091 Public initiative referendums; provisions - CA ........................................................HR 44 Public officials; decrease in salary .........................................................................HB 568 Public transportation; corporation or authority; General Assembly
create - CA ...........................................................................................................HR 818 Reapportion...........................................................................................................HB 1454 Reapportionment by independent commission - CA................................................HR 67 Regulatory Reform Act of 2003; regulations, laws, statutes; provisions ............... SB 361 Residential real property; freeze values; ad valorem tax; assess
at acquisition date value - CA..................................................................................HR 2 Salaries of certain state officials; 10 percent reduction..........................................HB 222 Special license plates; General Assembly; change certain provisions .................HB 1588 State agencies; 5 percent shortfall; report in writing to
Budgetary Responsibility Oversight Committee ...............................................HB 1691 State and Local Taxation, Financing, and Service Delivery
Revision Act of 2004; enact ................................................................................HB 709 State and nonprofit contractors; legislative oversight panels ...................................HB 98 State government; taxing and spending powers; limitations - CA .......................HR 1065 State property; naming for elected public official; amend provisions .....................HB 17 State Sovereignty and Federal Tax Funds Act; enact.................................................HB 3 Subsequent Injury Trust Fund Joint Study Committee; create...............................HR 263 Supplemental appropriation; Department of Labor................................................HB 647 Supplemental appropriations; FY 2002-2003; Department
of Corrections ......................................................................................................HB 119 Supplemental appropriations; FY 2002-2003 ........................................................HB 115 Supplemental appropriations; FY 2003-2004 ......................................................HB 1109 Supplemental appropriations; FY 2003-2004 ......................................................HB 1110 Supplemental appropriations; FY 2003-2004 ......................................................HB 1180 Supplemental appropriations; revenue shortfall and mid-year adjustment ..........HB 1189 Supplemental appropriations; revenue shortfall and mid-year adjustment ..........HB 1207 2004 Biennial Institute; change location ..............................................................HB 1616 U.S. Constitution; prior calls for convention to amend; rescind and repeal.........HR 1343
GENERAL PROVISIONS, OCGA Code of Georgia; corrections................................................................................HB 1245 Conform Code references to House and Senate committee names........................HB 846
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4281

Elections Code; corrections ..................................................................................HB 1247 Nondiscrimination Act of 2003; enact....................................................................HB 885 Regulatory Reform Act of 2003; regulations, laws, statutes; provisions ............... SB 361 Retirement and Pensions Code; corrections .........................................................HB 1246
GEOLOGISTS State licensing board; reduce number of members.................................................HB 597
GEORGE H.W. BUSH PRESIDENTIAL PARKWAY; designate ..................... SR 588
GEORGE W. POTTS HIGHWAY Designate ..............................................................................................................HR 1311 Designate ................................................................................................................ SR 626 Designate ................................................................................................................ SR 797
GEORGE WALTON ACADEMY FOOTBALL TEAM Invite coaches and players to House.....................................................................HR 1130
GEORGIA ARMY NATIONAL GUARD 265th Engineer Group; commend.........................................................................HR 1961
GEORGIA ASSEMBLY OF COMMUNITY ARTS AGENCIES; commend............................................................................HR 1518
GEORGIA ASSOCIATION OF EDUCATIONAL LEADERS; commend .........................................................................................HR 1448
GEORGIA ASSOCIATION OF EDUCATORS Invite representatives to House.............................................................................HR 1260
GEORGIA ASSOCIATION OF PRIVATE PROVIDERS; commend.............HR 1399
GEORGIA BUILDING AUTHORITY State buildings; comply with Leadership in Energy and Environmental Design Green Building Rating System standards................................................HB 127 State capitol building in each state; urge Federal Aviation Administration restrict airspace ...........................................................................HR 148
GEORGIA BUREAU OF INVESTIGATION (GBI) Bondsmen relying on accuracy of certain records; immunity................................HB 990 Cigar and cigarette taxes; increase; loose or smokeless tobacco; impose excise tax .................................................................................................HB 379

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4282

INDEX

Criminal records; national background checks; child care, elder care, disabled care, volunteers with youth.................................................. SB 198
Drivers' licenses; certain records; furnish to Georgia Bureau of Investigation ..................................................................................................HB 1687
Employees' Retirement; certain law enforcement personnel; amend provisions ...................................................................................................HB 97
Employees' Retirement; certain law enforcement personnel; benefit formula.....................................................................................................HB 476
Employees' Retirement; certain law enforcement personnel; enhanced retirement benefit.................................................................................HB 426
Employees' Retirement; certain public safety personnel; enhanced benefit ..........HB 548 Law enforcement officer; disabled in line of duty; retention
of weapon and badge ...........................................................................................HB 158 Metropolitan Atlanta area criminal gang policy and review
committee; urge creation ...................................................................................HR 1569 Nomenclature; definitions; usage; violations .......................................................HB 1192
GEORGIA COMMISSION ON WOMEN'S 2004 GEORGIA LEGACY AWARD WINNERS; commend ..................................HR 1859
GEORGIA CONCRETE AND PRODUCTS ASSOCIATION AND MEMBERS; commend ..............................................................................HR 1301
GEORGIA FARM BUREAU FEDERATION; invite president to House.........HR 1042
GEORGIA FEDERATION OF TEACHERS; invite officers to House.............HR 1261
GEORGIA FEDERATION OF WOMEN'S CLUBS; commend ......................HR 1429
GEORGIA FIRE SERVICE LONG-RANGE IMPROVEMENT PROGRAM; express support..............................................HR 1583
GEORGIA HISPANIC CHAMBER OF COMMERCE DAY AT THE CAPITOL; recognize 1/15/04 ...............................................................HR 984
GEORGIA HOSPITAL ASSOCIATION; commend .........................................HR 1334
GEORGIA HOSPITAL INSURANCE AUTHORITY Create ....................................................................................................................HB 1028 Enact .......................................................................................................................HB 776

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4283

GEORGIA INSTITUTE OF TECHNOLOGY MEN'S BASKETBALL TEAM; commend ....................................................................HR 1990
GEORGIA MATHCOUNTS STATE CHAMPIONS Commend champions; recognize 2004 Team ......................................................HR 1964
GEORGIA MEDICAL CENTER AUTHORITY Administrative assignment ..................................................................................... SB 485
GEORGIA MEDICAL SOCIETY; recognize 200th anniversary.......................HR 1674
GEORGIA MILITARY PENSION PLAN Certain prior service; certain call to active duty.....................................................HB 464
GEORGIA NATIONAL FAIR; commend ..........................................................HR 1127
GEORGIA PEACH FESTIVAL; commend; invite 2003 Georgia Peach Queens to House ........................................................................................HR 1458
GEORGIA PERIMETER COLLEGE; commend..............................................HR 1555
GEORGIA PUBLIC HEALTH ASSOCIATION 75th anniversary; commend..................................................................................HR 1658
GEORGIA RECREATION AND PARKS ASSOCIATION Invite representatives to House.............................................................................HR 1177
GEORGIA REGIONAL TRANSPORTATION AUTHORITY Administrative assignment; Department of Transportation .................................HB 1760 Public roads and Georgia Regional Transportation Authority; repeal allocation of funds.....................................................................................HB 212
GEORGIA RURAL HEALTH ASSOCIATION Commend; recognize 2/10/04 as Rural Health Day .............................................HR 1204
GEORGIA'S ANTEBELLUM TRAIL; recognize 20th anniversary..................HR 1100
GEORGIASAVES PROGRAM Commend..............................................................................................................HR 1522 Commend..............................................................................................................HR 2001
GEORGIA STATE PATROL CAPITOL DETACHMENT; commend...........HR 1704
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4284

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GEORGIA STATE UNIVERSITY STUDENT TRIAL LAWYERS ASSOCIATION National Trial Advocacy Team; commend ..........................................................HR 1996
GEORGIA'S "TRIBUTE TO ITS WORLD WAR II GENERATION"; recognize May 24-30, 2004 ..................................................HR 1084
GEORGIA'S 224TH JOINT COMMUNICATIONS SUPPORT SQUADRON; commend..................................................................HR 1713
GEORGIA TECHNOLOGY AUTHORITY House Georgia Technology Authority Study Committee; create.........................HR 1760
GHSGT AWARENESS DAY IN SAVANNAH, GEORGIA Proclaim 2/24/04...................................................................................................HR 1184
GIBSON, MEL; "The Passion of the Christ"; commend.......................................HR 1998
GIESLER, LIEUTENANT LUTHER JACKSON; commend...........................HR 1397
GILLEON, ROY L. JR.; commend ......................................................................HR 1361
GILMER COUNTY Grant easement ....................................................................................................... SR 651 Magistrate court; county law library fees .............................................................HB 1695
GIRLS AND WOMEN IN SPORTS DAY Recognize 2/5/04; commend Georgia's outstanding women athletes ..................HR 1132
GLASCOCK COUNTY; board of education; revise districts ..............................HB 1719
GLASS, DANETTE MCLAURIN; commend .....................................................HR 1953
GLOBAL ACHIEVERS, INC., AND GRIFFIN HIGH SCHOOL'S TRADING COMPANY, IMEX; commend .................................HR 1856
GLOVER, AARON; commend .............................................................................HR 1057
GLYNN COUNTY Convey property ..................................................................................................... SR 652 Education; homestead exemption; repeal certain Constitutional amendment........................................................................................................... SB 477 Homestead exemption; certain surviving spouse .................................................HB 1821

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4285

Homestead exemption; unremarried surviving spouse.........................................HB 1825 Repeal constitutional amendment; referendum ....................................................HB 1826
GOBER, HONORABLE CLYDE JOHNSON "C. J.", JR.; commend ..............HR 950
GOLICK, DAVIS JORDAN; commend...............................................................HR 1997
GOOD HOPE, CITY OF; commend ....................................................................HR 1297
GOODMAN, GWENDOLYN P.; condolences....................................................HR 1635
GOVERNOR Annual reports, budgets, audits; notify General Assembly of availability ............ SB 431 Autopsies; certain persons; governor's authority to order ....................................HB 1148 Board of Regents; power; subject to General Assembly and Governor - CA .....................................................................................................HR 622 Budget Act; eliminate continuation budget report; apply zero-base budgeting ................................................................................................. SB 8 Communications; veto messages.................................................Pages 7, 13, 16, 17, 2642 Continuation budget reports; agencies justify programs ........................................HB 875 Election fraud; information leading to arrest; reward ..............................................HB 14 Emergencies; firearms; repeal certain power of governor .....................................HB 411 Ethics in government; amend provisions................................................................HB 771 Ethics reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments .................................... SB 109 General Assembly convened; notify Governor ...................................................... SR 566 Governor; appointment of agency heads; qualifications ......................................HB 1275 Governor's powers; cabinet of advisers, removal of boards, constitutional officers; and public officials - CA ..............................................HR 1258 Joint session; message from Governor; invite Justices and Appellate Judges .................................................................................................. SR 567 Judicial vacancies; appointment by governor; prohibition; exemption..................HB 675 Lobbying practices; state government; prohibit public funds ..................................HB 15 Perpetrators of felonies; local government rewards; remove limitation ................HB 359 Redevelopment commissions; local authority of certain property; jurisdiction retroceded by federal government .................................... SR 858 State government; executive branch; privatization contracts...............................HB 1210 State purchasing; budget emergency; Governor reduce costs................................HB 571 State service delivery regions; change regions 7 and 12 ......................................HB 1599 Supplemental appropriations; revenue shortfall and mid-year adjustment ..........HB 1189 Weapons; carrying without license; repeal certain power of governor................HB 1741

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4286

INDEX

GRAFFITI Compensation to property owners; local governments establish programs ........... SB 312 Compensation to property owners; use of inmate labor to remove from private property ........................................................................................... SB 313
GRANTS Children's Vision Improvement and Learning Readiness Act of 2004; enact..............................................................................................HB 1361 Education property tax relief grants; provisions...................................................HB 1543 Education property tax relief grants; provisions...................................................HB 1544 High risk health insurance; urge officials seek certain federal grants....................HR 561 Homeowner tax relief grants; alternative uses - CA...............................................HR 258 HOPE scholarships; eligibility; amend provisions...............................................HB 1325 HOPE scholarships; felony or misdemeanor conviction; ineligibility .................HB 1116 HOPE scholarships; loss of eligibility; certain freshmen.....................................HB 1689 HOPE scholarships; private colleges; certain part-time eligibility ........................HB 341 House Special Grants Study Committee; create.......................................................HR 48 Quality basic education; local share funds; equalization grants; midterm adjustment ...........................................................................................HB 1539 Sales tax exemption; food and beverages; repeal; homeowner's incentive adjustment trust fund............................................................................HB 258 Sales tax on certain food and beverages; allocate to homeowner's incentive adjustment - CA .............................................................HR 108 Timely payments for goods and services; local governments and boards of education; failing to comply .......................................................HB 1304 Tuition equalization grants; part-time students; certain HOPE scholarships ..............................................................................................HB 342
GRAVES, CHARLES; commend .........................................................................HR 1909
GRAY, BETTY; commend; Betty Gray Day; recognize 3/23/04 .........................HR 1620
GRAY, CITY OF Corporate limits .....................................................................................................HB1788 Corporate limits ...................................................................................................... SB 378
GRAY, GLENN AND HELEN; commend ..........................................................HR 1376
GRAY, SIDNEY SCOTT; commend....................................................................HR 1992
GRAYSON ELEMENTARY SCHOOL; commend ...........................................HR 1433

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4287

GREEN, DARLENE WISE Commend..............................................................................................................HR 1725 Invite to House......................................................................................................HR 1763
GREENE, ANNIE; commend ...............................................................................HR 1847
GREENE COUNTY Law Enforcement Museum and Hall of Fame; support creation ...........................HR 681
GREENE, DR. MICHAEL; commend .................................................................HR 1514
GREENE-JOHNSON, HONORABLE TERESA; commend.............................HR 2018
GREENE, OLIVER N.; commend........................................................................HR 1846
GREENHOUSE GASES Carbon Sequestration Registry Act; provide information system of registry................................................................................................. SB 356
GREENSBORO, CITY OF Law Enforcement Museum and Hall of Fame; support creation ...........................HR 681
GREENSPACE Conservation use property; eliminate acreage limitation CA............................HR 1131 Special license plates; community greenspace preservation trust fund CA ....................................................................................................HR 587
GREER, MARTHA Commend..............................................................................................................HR 1931 Commend..............................................................................................................HR 1932
GREER, RICHARD; 4-H honoree; commend......................................................HR 1005
GREER, T. J.; commend .......................................................................................HR 1588
GRESHAM PARK 12 YEAR OLD TIGERS BASEBALL TEAM; invite to House ...................................................................HR 142
GRIFFETH, HANK; commend ............................................................................HR 1233
GRIFFIN, CITY OF Lease municipal property .....................................................................................HB 1754 New charter...........................................................................................................HB 1735

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4288

INDEX

GRIFFIN, QUENTIN; commend..........................................................................HR 1339
GRIGGS, RUBYE C.; commend ..........................................................................HR 1844
GRIGGS, WILLIAM J.; commend ......................................................................HR 1845
GUARDIAN AND WARD Child abuse, sexual abuse or exploitation; failure to report; define offense.....................................................................................................HB 1551 Drivers' licenses; young drivers; amend provisions ...............................................HB 124 Guardian ad litem; civil liability; qualified immunity............................................HB 264 Guardian ad litem; liability for damages; immunity ................................................ SB 44 Guardian and ward; comprehensive rewrite of provisions.....................................HB 229 Guardian; appointment; licensed clinical social workers; qualified evaluators............................................................................................HB 1085 Guardians of incapacitated adults; amend provisions ..........................................HB 1314 Mentally retarded; habilitation; designated representatives; guardian ad litem .................................................................................................HB 931 Minors; employment; written permission of parent or guardian..............................HB 13 Petition to change name; confidentiality; amend certain provisions....................HB 1099 Workers' compensation; certain claimants; appointment of guardian; settlements .........................................................................................HB 1278
GUIDO, DR. MICHAEL; commend ....................................................................HR 1171
GULFSTREAM AEROSPACE SAVANNAH; commend..................................HR 1137
GUPTA, MONIQUE; commend ...........................................................................HR 1477
GUY, COLONEL ROBERT A.; invite to House.................................................HR 1203
GUY, DAVID; commend .......................................................................................HR 1142
GUY-SHEFTALL, BEVERLY; commend ..........................................................HR 1901
GUYTON, CITY OF Corporate limits ....................................................................................................HB 1780 Corporate limits; referendum................................................................................HB 1781
GWINNETT COUNTY Grant easement ....................................................................................................... SR 651 Homestead exemption; certain residents ..............................................................HB 1699 MARTA; certain Board members; voting power ...................................................HB 745

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4289

Metropolitan Atlanta area criminal gang policy and review committee; urge creation ...................................................................................HR 1569
Sheriff's office; vacancy ......................................................................................... SB 154
GWINNETT JUDICIAL CIRCUIT Add judge................................................................................................................HB 282 Add judge................................................................................................................ SB 594

H
HABEAS CORPUS Civil actions; habeas corpus procedures; statute of limitations; filing petitions, jurisdiction.................................................................................. SB 337
HABITAT FOR HUMANITY AFFILIATES Commend; recognize 9/18/04 as Habitat for Humanity Day ...............................HR 1331
HAGGRAY, ALLIE MAE SHEPPARD; commend...........................................HR 1924
HALE, REVEREND CYNTHIA L.; commend...................................................HR 1707
HALL COUNTY; homestead exemption; certain survivors .................................HB 1606
HALL COUNTY YMCA REBELS UNDER-16 GIRLS SOCCER TEAM; commend.................................................................................HR 960
HALL, T. J.; condolences ......................................................................................HR 1873
HAMILTON, MR. AND MRS. CURTIS Commend on fiftieth anniversary .........................................................................HR 1884
HANADY, HONORABLE ANMAR Invite and welcome to Atlanta during July 1-5, 2004 .........................................HR 1240
HANCOCK CENTRAL HIGH SCHOOL JUNIOR VARSITY BOYS' BASKETBALL TEAM; commend ....................................HR 1524
HANCOCK CENTRAL MIDDLE SCHOOL LADY BULLDOGS BASKETBALL TEAM; commend.............................................HR 1523
HANCOCK COUNTY; homestead exemption; certain residents ........................HB 1603

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4290

INDEX

HANCOCK COUNTY, BANK OF; commend....................................................HR 1621
HANDICAPPED PERSONS Assistance dogs; interfering with, assaulting, killing; penalties.............................HB 211 Criminal records; national background checks; child care, elder care, disabled care, volunteers with youth ................................................................... SB 198 Disabled adults and elder persons; abuse, neglect, exploitation; penalties .............. SB 12 Disabled persons; home and community based services; urge certain funding ...................................................................................................HR 1307 Disabled persons; identification cards and parking; include persons age 85 or above ....................................................................................................HB 793 Disabled persons; redefine; temporary parking permits.......................................HB 1176 Drivers' licenses and identification cards; prohibit fingerprinting .........................HB 490 Education; deaf students; certification of interpreters............................................HB 295 Employees' Retirement; disability benefits; maximum compensation.................HB 1034 Georgia Commission on the Hard of Hearing; create ..........................................HB 1653 Guardian and ward; comprehensive rewrite of provisions.....................................HB 229 Guardians of incapacitated adults; amend provisions ..........................................HB 1314 Handicapped parking; enforcement; change provisions......................................... SB 302 Health care licensing violations; penalties ............................................................. SB 162 House Study Committee on Adapted Athletics; create ..........................................HR 743 Hunting and fishing; honorary licenses; disability certification...........................HB 1608 Hunting deer with firearm during bow season; certain quadriplegics.................... SB 430 Independence Plus Act; enact.................................................................................HB 701 Industries for the Blind; manufactured products; purchase by state employees; exception ..................................................................................HB 256 Intellectually Disabled Health and Fitness Program Fund; establish; special license plates............................................................................HB 428 Intellectually disabled health and fitness support program; special plates - CA ...............................................................................................HR 225 License plates; disabled veteran; vehicle owned by certain trust...........................HB 611 Long-term care facilities; redefine abuse .............................................................HB 1381 Nondiscrimination Act of 2003; enact....................................................................HB 885 Occupation taxes; certain exemption; Department of Veterans Service ..............HB 1445 Parking for persons with disabilities; include lupus and other sunlight-sensitive conditions ............................................................................... SB 481 Parking permits; certain transporters of persons with disabilities..........................HB 613 Postmajority child support; certain disabilities; provisions..................................HB 1835 Special license plates for persons with disabilities; include disabled parent ..................................................................................................... SB 301 Speech-language pathologists and audiologists; advisory committee on hearing in newborn infants .........................................................HB 1701

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4291

Spinal cord disabled and head-injured persons; treatment; reporting procedures ............................................................................................ SB 582
Starvation and Dehydration of Persons with Disabilities Prevention Act; enact.........................................................................................HB 1132
State licensing boards; reduce number of members ...............................................HB 597 Subsequent Injury Trust Fund Joint Study Committee; create...............................HR 263 Telecommunications; audible universal information access services;
blind and print disabled citizens ........................................................................HB 1055 Workers' compensation; certain claimants; appointment of
guardian; settlements .........................................................................................HB 1278
HANKS, DR. (LTC) JAMES W.; commend........................................................HR 1465
HAPEVILLE, CITY OF Uniform Alert; encourage participation by certain cities .....................................HR 1821
HARALSON, CITY OF; new charter ..................................................................... SB 388
HARALSON COUNTY School building authority; create..........................................................................HB 1676 Western Area Regional Radio System Authority; create .....................................HB 1715
HARDMAN, LAMARTINE GRIFFIN "LAM" III; condolences.....................HR 1052
HARLEY, MS. LOU; commend ...........................................................................HR 1941
HARPER, DIANE; commend ...............................................................................HR 1226
HARRELL, HONORABLE SALLY; committee assignment.............................. Page 26
HARRIS COUNTY; convey property ..................................................................... SR 652
HARRIS, BERNITA C.; commend.......................................................................HR 1391
HARRIS, NARVIE JORDAN; commend ............................................................HR 1771
HASTY, HONORABLE WILLIAM G. "BILL", SR. Condolences............................................................................................................HR 957 Invite family to House ..........................................................................................HR 1383
HATCHER, MR. AND MRS. ROY; commend...................................................HR 1243

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4292

INDEX

HATCHER, STEVE; commend............................................................................HR 2021
HAWKINS, JAMES (JIM) MATHEW; commend.............................................HR 1999
HAWKINSVILLE HIGH SCHOOL RED DEVILS FOOTBALL TEAM; commend .........................................................................HR 1046
HAYGOOD, THERESA; commend .....................................................................HR 1751
HAZARDOUS SUBSTANCES Environmental policy; regulatory decisions; publication requirements................. SB 172 Solid Waste and Hazardous Water Response Trust Fund; create CA...............HR 1425
HEAD, RAYMOND, JR. Commend; recognize 2/7/04 as "Raymond Head, Jr., Day" in Griffin ................HR 1181
HEALTH Accident and sickness insurance; group policies; infertility coverage.................HB 1012 Adoptions and child-placing agencies; records access; birth records; practices and procedures ................................................................. SB 55 Adoptions; name change of office; amend provisions ...........................................HB 176 Advisory committee on hearing in newborn infants; continuation ........................HB 760 Advisory committee on hearing in newborn infants; continuation ......................HB 1581 Advisory committee on hearing in newborn infants; continuation ......................HB 1627 Advisory committee on hearing in newborn infants; continuation ......................HB 1679 Ambulance services; reimbursement for Medicaid recipients and indigents ......................................................................................................HB 1720 Amirah Joyce Aden Act; enact; offense of female genital mutilation .................HB 1477 Assisted living facilities; Levels I and II; provisions ...........................................HB 1033 Baby's Right to Know Act; enact .............................................................................HB 18 Certificate of need; injectable medications administered in home; certain exemptions .............................................................................................HB 1785 Certificate of need; misinterpretation of Code Section 31-6-2(14)(G)(iii); urge Department of Community Health correct regulation .................................................................................................HR 619 Certified Professional Midwifery Act; enact........................................................HB 1550 Childhood vaccination registry; include all persons from birth to death .............HB 1526 Children and youth; day-care employees; require first aid and CPR training..................................................................................................HB 977 Civil practice and torts; substantial revision of provisions; health care...............HB 1472 College students; vaccination against meningococcal meningitis.......................... SB 266 Colleges; meningococcal meningitis; vaccination or signed waiver......................HB 199 Commission on Men's Health; presiding officer; term.............................................HB 45

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4293

Common Sense Civil Justice Reform Act; enact.................................................... SB 133 Conform Code references to House and Senate committee names........................HB 846 Contact lenses; comprehensive revision of provisions...........................................HB 634 Contact lenses; sale and dispensing; licensed providers ........................................ SB 513 Contact lenses; sales or dispensing; comprehensive revision of provisions ..........HB 981 Contact lenses; selling and dispensing; amend provisions...................................HB 1496 Contact lens prescribers; licensing requirements; violations; penalties ...............HB 1261 Dentists; mercury amalgam fillings; prohibit certain usage...................................HB 442 Disabled persons; home and community based services;
urge certain funding ...........................................................................................HR 1307 Education; elementary and middle school students; daily break..........................HB 1013 Employees' Retirement; certain members; credit for qualified
prior service .........................................................................................................HB 439 Environmental policy; regulatory decisions; publication requirements................. SB 172 Georgia Health Care Act; enact..............................................................................HB 130 Georgia Hospital Insurance Authority; create ......................................................HB 1028 Guardian and ward; comprehensive rewrite of provisions.....................................HB 229 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1491 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1492 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1521 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1522 Health, education, and social services; certain boards and
councils; amend provisions................................................................................HB 1266 Hepatitis C Awareness and Education Month; recognize month
of October; urge Public Health Division of Department of Human Resources undertake related studies .......................................................HR 701 High risk health insurance; urge officials seek certain federal grants....................HR 561 Hospital Insurance Authority Act; enact ................................................................HB 776 Hospitals and hospital authorities; uninsured patients; limit rates .......................HB 1533 Hospitals; nonresident indigent health care; payment; county's liability .............HB 1443 Hospitals with managed care plan; limit rates of uninsured.................................HB 1573 House Cervical Cancer Study Committee; create ................................................HR 1529 House Septage Disposal Study Committee; create...............................................HR 1419 House Study Committee on Adult and Childhood Obesity and Prevention; create........................................................................................HR 1580 House Study Committee on Liability Insurance Rates for Hospitals and Physicians; create..........................................................................HR 819 House Study Committee on the Development and Expansion of Community Health Centers; create .................................................................HR 680 House Study Committee on the State Public Health System; create....................HR 1651 House Trauma Network Study Committee; create...............................................HR 1474 Human cloning; federal legislation banning; urge passage....................................HR 617 Illegal aliens; prohibit receiving state or local services - CA...............................HR 1648

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INDEX

Immunity; independent contractors; certain hospitals and health care providers..........................................................................................HB 1534
Income tax; exempt certain organ donation expenses ..........................................HB 1410 Independence Plus Act; enact.................................................................................HB 701 Intellectually Disabled Health and Fitness Program Fund;
establish; special license plates............................................................................HB 428 Joint Mold Standards Study Committee; create .......................................................HR 52 Joint Study Committee on Adult and Childhood Obesity
and Prevention; create........................................................................................HR 1536 Karon's Law; enact; repository; donated prescription drugs ................................HB 1692 Law enforcement and emergency personnel; line-of-duty
disability; certain infections................................................................................. SB 604 Long-term care facilities; redefine abuse .............................................................HB 1381 Medicaid; medications for certain disorders; prohibit restricting ........................HB 1500 Medicaid; medications for certain illnesses; prohibit restricting .........................HB 1473 Medical malpractice review panels; create...........................................................HB 1508 Micropigmentation practitioners; licensure............................................................HB 797 National Eating Disorders Awareness Week; urge Department
of Human Resources undertake studies.............................................................HR 1029 Nursing homes; influenza and pneumococcal vaccinations; offer
patients annually ................................................................................................HB 1709 On-site sewage management systems; Department of Human
Resources adopt statewide regulations ................................................................HB 992 Parking for persons with disabilities; include lupus and other
sunlight-sensitive conditions ............................................................................... SB 481 Patient Safe Prescription Drug Act; electronic data prescription
drug orders ........................................................................................................... SB 179 Pharmacy Services Fee Act; enact........................................................................HB 1462 Prescription drugs by mail; enrollees in HMO health benefit plans ...................... SB 145 Prescription drugs; manufacturer's price schedule; certain prior
approval requirements........................................................................................HB 1220 Prescription drugs; maximum manufacturer prices; create schedule ...................HB 1061 Psychologists; authority to prescribe drugs; create psycho-
pharmacological formulary..................................................................................HB 717 Public funding of social services by certain organizations;
exception - CA ...................................................................................................HR 1030 Public funding of social services by religious or sectarian
institutions; allow - CA......................................................................................HR 1535 Public funding of social services by religious or sectarian
organizations - CA ................................................................................................... SR 1 Public funding of social services by religious or sectarian
organizations; prohibit discrimination - CA ........................................................HR 941

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4295

Public funding of social services by religious or sectarian organizations; prohibit discrimination - CA ........................................................ SR 560
Public funding; social services by religious or sectarian institutions; exceptions ......................................................................................HB 1761
Public funding; social services by religious organizations CA .........................HR 1457 Reckless conduct against peace or correctional officer; HIV
or hepatitis infected person ..................................................................................HB 711 Regulatory Reform Act of 2003; regulations, laws, statutes; provisions ............... SB 361 Schools; health education and physical activity; urge funding ............................HR 1096 Schools; promote health education and physical activity....................................... SR 578 Senate Bill 23; urge consideration by House..........................................................HR 722 Septic tank waste; counties provide for disposal....................................................HB 951 Sewage holding tanks; commercial waste; regulation............................................HB 487 Sewage holding tanks; commercial waste; regulation..........................................HB 1408 Special license plates; AIDS Survival Project........................................................HB 593 Special license plates; AIDS Survival Project - CA.............................................HR 1151 Special license plates; organ and tissue donation organizations ..........................HB 1377 Special license plates; organ and tissue donation organizations ............................ SB 542 Special license plates; organ and tissue donation organizations - CA .................HR 1189 Speech-language pathologists and audiologists; advisory
committee on hearing in newborns....................................................................HB 1701 Spinal cord disabled and head-injured persons; treatment;
reporting procedures ............................................................................................ SB 582 Starvation and Dehydration of Persons with Disabilities
Prevention Act; enact.........................................................................................HB 1132 State employees; consumer driven health plan option; provisions ........................ SB 344 State health planning; ambulatory surgical facilities..............................................HB 791 State health planning and development; health care facilities;
amend provisions ...............................................................................................HB 1376 State program of health services; fiscal condition; annual reports.......................HB 1704 Surgical or medical treatment; mental patients; representative
give consent .........................................................................................................HB 700 Torts; certain emergency health care; limited liability.........................................HB 1339 Torts; federal smallpox vaccination program; hospitals and
employees and health care providers and workers; immunity ............................ SB 336 Torts; free health clinics; limit liability ................................................................HB 1576 Torts; free health clinics; limit liability ................................................................HB 1674 Torts; free health clinics; limit liability ................................................................HB 1711 Torts; health care services; noneconomic damages..............................................HB 1618 Torts; limiting liability of free health clinics; provide .........................................HB 1793 Torts; voluntary health care providers; limit liability...........................................HB 1204 Uncompensated trauma care; trust fund to pay hospitals - CA ............................HR 1420
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INDEX

Vaccination program for emergency responders; contingent upon bioterrorism funding ................................................................................... SB 333
Veterans' health care; insure mandatory funding; memorialize Congress .............HR 815 Vital records; amend provisions; create Office of Vital Records........................... SB 478 Vital records; birth certificate in legitimations, paternity orders,
and adoptions ....................................................................................................... SB 263 Vital records; birth certificates; unwed mothers; identify fathers ........................HB 1566 Waste management; sewage permits; redesignate certain provisions..................HB 1468 X-ray equipment; require annual training and education .....................................HB 1800
HEALTH CARE PLANS Accident and sickness insurance; group policies; infertility coverage.................HB 1012 Accident and sickness insurers; prohibit limitation; geographic location............HB 1232 Civil practice and torts; substantial revision of provisions; health care...............HB 1472 Consumer Choice of Benefits Health Insurance Plan Act; enact ...........................HB 806 Flexible Health Benefit Plan Act; enact .................................................................HB 972 Georgia Health Care Act; enact..............................................................................HB 130 Health insurance; state employees no longer covered by federal insurance plan ...................................................................................................... SB 282 Health maintenance organizations; mail-order pharmaceuticals; provisions...........................................................................................................HB 1478 Health maintenance organizations; regulation; national certification .................... SB 608 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1491 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1492 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1521 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1522 Hospitals and hospital authorities; uninsured patients; limit rates .......................HB 1533 Hospitals with managed care plan; limit rates of uninsured.................................HB 1573 House Study Committee on Health Care Bonds; create.......................................HR 1118 Income tax credit; qualified health insurance expenses .........................................HB 518 Insurance; health care claims; filing, processing, timely payment......................... SB 350 Liens of hospitals and nursing homes; physician practice; causes of action liens .........................................................................................HB 1303 Long-term care partnership plans; Social Security Act; urge Congress delete deadline ...................................................................................HR 1510 Managed health care plans; right to independent review; include state employees ....................................................................................................HB 697 Medicaid; medications for certain disorders; prohibit restricting ........................HB 1500 Prescription drugs; maximum manufacturer prices; create schedule ...................HB 1061 Small Business Employee Choice of Benefits Health Insurance Plan Act; enact ...................................................................................................HB 1302 State employees; consumer driven health plan option; provisions ........................ SB 344 State employees' health insurance; fiscal condition; annual reports ....................HB 1320

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4297

State employees; payroll deductions; certain federated charitable organizations ....................................................................................... SB 584
State program of health services; fiscal condition; annual reports.......................HB 1704 Task Force to Review State and Federal Health Insurance
Mandates; create ................................................................................................HB 1330 Taxable net income; exclude amount paid for health insurance ............................HB 454 Torts; damages; collateral sources; definitions and provisions............................HB 1342 Torts; noneconomic damages; financial limitations.............................................HB 1343 Torts; noneconomic damages; financial limitations.............................................HB 1422 Veterans' health care; insure mandatory funding; memorialize Congress .............HR 815
HEALTH INSURANCE Accident and sickness insurance; group policies; infertility coverage.................HB 1012 Accident and sickness insurers; prohibit limitation; geographic location............HB 1232 Assisted living facilities; Levels I and II; provisions ...........................................HB 1033 Consumer Choice of Benefits Health Insurance Plan Act; enact ...........................HB 806 Economic Development and Fiscal Accountability Act; enact..............................HB 860 Employees' health insurance plan; include agricultural commodity commission employees.....................................................................HB 101 Flexible Health Benefit Plan Act; enact .................................................................HB 972 Health benefits; failure to pay; penalty not applicable to cap ................................HB 220 Health benefits; failure to pay; penalty not applicable to cap ................................HB 259 Health Insurance Risk Pool; create; alternative mechanism coverage.................HB 1038 Health maintenance organizations; mail-order pharmaceuticals; provisions...........................................................................................................HB 1478 Health maintenance organizations; mental disorders; point-of-service options .......................................................................................HB 145 Health maintenance organizations; regulation; national certification .................... SB 608 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1491 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1492 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1521 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1522 High risk health insurance; urge officials seek certain federal grants....................HR 561 Hospitals and hospital authorities; uninsured patients; limit rates .......................HB 1533 Hospitals with managed care plan; limit rates of uninsured.................................HB 1573 House Study Committee on Health Care Bonds; create.......................................HR 1118 House Study Committee on Health Insurance Options for Small Businesses and Uninsured Working People; create ..................................HR 588 House Study Committee on Long-term Care Insurance; create.............................HR 334 Income tax credit; qualified health insurance expenses .........................................HB 252 Income tax credit; qualified health insurance expenses .........................................HB 518 Independence Plus Act; enact.................................................................................HB 701 Insurance; health care claims; expedited processing..............................................HB 843

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4298

INDEX

Insurance; health care claims; filing, processing, timely payment......................... SB 350 Insurers; food or refreshments at seminars; provisions........................................HB 1348 Medical malpractice insurers; rate filings; certain hearings.................................HB 1402 State employees' health insurance; coverage; certain health centers....................HB 1751 State employees; consumer driven health plan option; provisions ........................ SB 344 State program of health services; fiscal condition; annual reports.......................HB 1704 Taxable net income; exclude amount paid for health insurance ............................HB 454 Torts; damages; collateral sources; definitions and provisions............................HB 1342 Torts; noneconomic damages; financial limitations.............................................HB 1343 Torts; noneconomic damages; financial limitations.............................................HB 1422 Veterans' health care; insure mandatory funding;
memorialize Congress..........................................................................................HR 815
HEALTH MAINTENANCE ORGANIZATIONS Mail-order pharmaceuticals; provisions ...............................................................HB 1478 Mental disorders; point-of-service options.............................................................HB 145 Prescription drugs by mail; enrollees in HMO health benefit plans ...................... SB 145 Regulation; national certification ........................................................................... SB 608
HEARD COUNTY Public facilities authority; create ............................................................................ SB 625 Western Area Regional Radio System Authority; create .....................................HB 1715
HEARING AND HEARING AIDS (See Handicapped Persons)
HENDERSON, VALENA; commend ...................................................................HR 1907
HENRY COUNTY Homestead exemption; base year assessed value ...................................................HB 482 Homestead exemption; base year assessed value .................................................HB 1538
HENRY MCNEAL TURNER TRIBUTE COMMISSION Create; authorize statue........................................................................................... SR 682
HENRY, C. A.; Georgia State Patrol Trooper First Class; commend ...................HR 1702
HENSON, HONORABLE MICHELE; committee assignment........................... Page 27
HEPATITIS C AWARENESS AND EDUCATION MONTH Recognize month of October; urge Public Health Division of Department of Human Resources undertake related studies...........................HR 701

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INDEX

4299

HERITAGE HIGH SCHOOL Students Andy Anderson, Nimesh Patel, Scott Wiginton, Matthew Battaglia, Austin Hutchinson, and John Bailey, Jr.; commend brave and heroic action .....................................................................HR 1449
HERRON, COACH JEFF; commend ..................................................................HR 1723
HEYMAN, HEATHER ELIZABETH; commend ..............................................HR 1481
HIGHSMITH, ROBERT; commend ....................................................................HR 2000
HIGHSMITH, STEVEN; 4-H honoree; commend...............................................HR 1089
HIGHTOWER ELEMENTARY SCHOOL; commend .....................................HR 1811
HIGHWAYS, BRIDGES, AND FERRIES Airports receiving state financial assistance; certain repayment............................HB 886 Alan Jackson Highway; designate........................................................................HR 1310 Alan Jackson Highway; designate.......................................................................... SR 569 Alan Jackson Highway; designate.......................................................................... SR 781 Alternative fueled vehicles; hybrid vehicles; designated travel lanes....................HB 436 Alvin Mitchell Street; designate .............................................................................HR 544 Battlefield Parkway; dedicate portion to memory of Baxter Shavers .................... SR 866 Bill Conn Parkway; designate ..............................................................................HR 1440 Billy Jiles Memorial Highway; designate ............................................................HR 1315 Billy Jiles Memorial Highway; designate .............................................................. SR 293 Billy Jiles Memorial Highway; designate .............................................................. SR 829 Bob Fulton Memorial Highway; designate ..........................................................HR 1460 Bruton Smith Parkway; designate ........................................................................HR 1314 Bruton Smith Parkway; designate ........................................................................HR 1341 Burke Veterans Parkway; designate ................................................................HR 1035 Burke Veterans Parkway; designate .................................................................. SR 184 Burke Veterans Parkway; designate; honor military veterans of Burke County.................................................................................................HR 1262 C. L. Mapp Bridge; designate...............................................................................HR 1455 Chief J. A. Fountain Bridge; designate.................................................................HR 1456 Commercial driveways; permits; certain school bus loading areas........................HB 763 Community Streetcar Development and Revitalization Act; enact........................ SB 516 Connell, Honorable Jack; urge dedication of Riverwatch Parkway in his honor ........................................................................................................ SR 1025 Dean Bryant Intersection; designate......................................................................... SR 23 Developmental Highway System; add highway...................................................HB 1640
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4300

INDEX

Developmental Highway System; road corridors; change description ..................HB 486 Disabled American Veterans Intersection; designate...........................................HR 1628 Dorothy B. Pelote Viaduct; designate ....................................................................HR 589 Earl Paulk Parkway; designate ............................................................................... SR 828 Forrest "Preacher" Sawyer Memorial Parkway; designate...................................HR 1469 Fred Emory Smith Memorial Bridge; designate.....................................................HR 590 George H.W. Bush Presidential Parkway; designate ............................................. SR 588 George W. Potts Highway; designate...................................................................HR 1311 George W. Potts Highway; designate..................................................................... SR 797 George W. Potts Highway; designate..................................................................... SR 626 House Study Committee on Truck and Highway Safety; create..........................HR 1643 House Study Committee on Truck and Highway Safety; create..........................HR 1679 House Study Committee on Truck Safety on the Highways; create ....................HR 1630 Jack Connell Parkway; designate ...........................................................................HR 104 James D. (Jim) McGee Memorial Highway; designate.......................................... SR 952 James Virgil Johnson Bridge; recognize honorary designation;
Bacon County ....................................................................................................HR 1365 John D. Smith Highway; designate ........................................................................ SR 301 John D. Smith Highway; designate ........................................................................ SR 668 John Pelham Memorial Parkway; designate.........................................................HR 1190 Johnny Wayne Spivey Bridge; designate .............................................................HR 1472 Joint MARTA Finance Study Committee; create...................................................HR 147 Joint Study Committee on Truck and Highway Safety; create ............................HR 1125 Joint Study Committee on Truck and Highway Safety; create .............................. SR 669 Joint Study Committee on Truck Safety on the Highways; create.......................HR 1629 Joy N. Kleeman Memorial Bikeway; designate ...................................................HR 1404 Judge Jim Weeks Intersection; designate ............................................................... SR 869 Julien B. Roddenbery, Sr. Memorial Drive; designate...........................................HR 620 Julien B. Roddenbery, Sr. Memorial Drive; designate.........................................HR 1373 Keith Kalland Memorial Highway; designate ........................................................HR 132 MARTA; certain Board members; voting power ...................................................HB 745 MARTA; eligible to use certain funds; repeal prohibition...................................HB 1317 Mass transportation service; increase limit of state funds......................................HB 263 Max R. Davey Bridge; designate..........................................................................HR 1454 Mayor George Merron Peters Memorial Highway; designate ...............................HR 940 Michael B. Mundy Memorial Bridge; designate .................................................... SR 299 Michael B. Mundy Memorial Bridge; designate .................................................... SR 787 Motor carriers; certain 911 service; vehicles and loads; amend provisions.........HB 1248 Motor fuel and road tax; amend certain definitions .............................................HB 1078 Motor fuel and road tax; amend definitions .............................................................HB 71 Motor fuel tax and sales tax; dealers and distributors; amend
certain provisions...............................................................................................HB 1413 Motor vehicle accidents; removal of vehicles from roadways............................... SB 525

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INDEX

4301

Motor vehicle license fees, classes, restricted plates; amend provisions .............HB 1087 Motor vehicles abandoned on public property; removal by peace officer .............HB 950 Motor vehicles; window tint restrictions; nonresidents........................................HB 1244 Motorized cart; redefine; amend provisions.........................................................HB 1063 Okefenokee Trail; designate .................................................................................HR 1422 Outdoor advertising; certain restriction................................................................HB 1464 Proposal for September 2006 Start of Commuter Rail from Lovejoy
on the Macon Line to Atlanta; express support .................................................HR 1324 Public-Private Infrastructure Act of 2003; enact.................................................... SB 273 Public road funds; metropolitan planning organizations; formation......................HB 851 Public roads; allocation of state and federal funds ................................................. SB 425 Public roads; allocation of state and federal funds; remove
MARTA provisions ............................................................................................. SB 127 Public roads and Georgia Regional Transportation Authority;
repeal allocation of funds.....................................................................................HB 212 Public roads and transportation projects; design-build procedures........................ SB 553 Public roads; balancing federal and state funds; certain projects.........................HB 1257 Public roads; design-build contracts; definitions and provisions .........................HB 1644 Public roads; erection of sign without permit; $500 fine .......................................HB 705 Public transit; buses, rapid rail cars, stations; allow bottled water.........................HB 778 Public transportation; certain offenses; local jurisdiction ....................................HB 1690 Public transportation; corporation or authority; General Assembly
create - CA ...........................................................................................................HR 818 Purple Heart Highway; designate .........................................................................HR 1034 Purple Heart Highway; designate .........................................................................HR 1191 Purple Heart Highway; designate portion of State Route 232 ...............................HR 398 Purple Heart Trail; designate Interstate 95 within Georgia....................................HR 625 Radar; delete certain requirement; permit use while application pending .............HB 188 Railroad crossings; elimination; petition provisions ............................................HB 1254 Rembert Olen McAfee Bridge; designate ............................................................HR 1349 Ricky L. Crockett Bridge; designate ....................................................................HR 1473 Roadside beautification; public rights of way; provisions .....................................HB 180 Robert Ray Parkway; designate..............................................................................HR 133 Robert Ray Parkway; designate..............................................................................HR 257 Rosa Proctor Bridge; designate .............................................................................. SR 596 Rosa Proctor Intersection and Robert L. and Sally Thompson
Intersection; designate; Battlefield Parkway; dedicate portion to memory of Baxter Shavers..................................................................HR 591 Sales and motor fuel taxes; dealers and distributors; amend provisions ..............HB 1459 Special license plates; "Share the Road" message; motorists and bicyclists........................................................................................................ SB 283 Special master; inverse condemnation; provisions.................................................HB 868

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4302

INDEX

Speed detection device; certain 30-day limitation; work zone speeding violations ..............................................................................................HB 329
Speed detection devices; required warning signs; change size ..............................HB 313 State highway employees; indemnification; eligibility date ..................................HB 332 State Public Transportation Fund; priority of expenditures
and allocation of funds.......................................................................................HB 1295 State Road and Tollway Authority; certain SR 400 tolls; restrict usage................HB 218 State Road and Tollway Authority; use of tolls .......................................................HR 66 Surveillance technology on highways; prohibit recorded images
of persons in motor vehicles ................................................................................ SB 603 "T. Watson Mobley Bridge"; redesignate............................................................... SR 883 Thelma "T-Lady" Bridge, William S. Hutchings Bridge, and
Judge Jim Weeks Intersection; designate .............................................................. SR 66 Tommy R. Crabb Sr. Memorial Highway; designate.............................................HR 559 Transportation, Department of; appointment of investigators; streetcar
pilot projects; provisions....................................................................................HB 1156 Transportation facilities; bicycles and passenger trains .......................................HB 1465 Transportation Infrastructure Bank Act; enact .....................................................HB 1136 Transportation, State Board of; election of members in caucuses;
open voting .......................................................................................................... SB 438 Vehicles and loads; certain weight limitations; farm products ............................HB 1235 Vehicles and loads; excess weight; penalties .........................................................HB 636 Veterans Memorial Highway; designate; Banks County
veterans; commend ................................................................................................HR 90 Weapons; unauthorized possession; affirmative defense .......................................HB 193 William Ira (W.I.) Still, Jr., Highway; designate .................................................HR 1534 William Ira (W.I.) Still, Jr., Highway; designate ..................................................... SR 60 Woodpecker Trail Highway and Max Lockwood Memorial
Corridor; designate .............................................................................................. SR 843
HILL, COACH MANSON; commend..................................................................HR 1011
HILL, CORI; commend.........................................................................................HR 1501
HILL, HONORABLE CALVIN; committee assignment ..................................... Page 35
HILL, KATHRYN; commend...............................................................................HR 1227
HILL, MR. MEREDITH Commend World War II service and invite to House ..........................................HR 1871
HILL, REVEREND JOE LOUIS; condolences ..................................................HR 1912
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INDEX

4303

HINES, HAZEL; commend...................................................................................HR 1978
HINTON, DORIS CHILDS JONES; condolences ..............................................HR 1665
HINTON, JIM; congratulate on retirement ...........................................................HR 1699
HODGES, ERNEST; commend ............................................................................HR 1091
HOEDT, DONNA; condolences; Kate Weaver; commend ...................................HR 1957
HOG FARMING; fuel for swine-raising; sales tax exemption...............................HB 425
HOLBROOK, RHONDA; commend....................................................................HR 1216
HOLLIS, JERRY II; commend ............................................................................HR 1362
HOLLOMAN, KATHRYN Clayton County Teacher of the Year for 2004; commend .....................................HR 961
HOLLOWAY, AMY; invite to House...................................................................HR 1192
HOLLOWAY, OFFICER JAMEY; invite to House...........................................HR 1044
HOLLY SPRINGS, CITY OF Parks and recreation authority; create ..................................................................HB 1774 Redevelopment powers.........................................................................................HB 1810
HOLMES, GERALDINE EDMOND; condolences ............................................HR 1589
HOLY SPIRIT LUTHERAN CHURCH Recognize twentieth anniversary..........................................................................HR 1013
HOME DEPOT; commend; Bob Nardelli; invite to House ..................................HR 1677
HOME SCHOOLS Education; joint enrollment; certain private schools and home study programs.....................................................................................................HB 985 Home school students; eligibility; extracurricular programs in public schools ...................................................................................................... SB 210 Home study programs; qualifications of tutors ....................................................HB 1428 Income tax credit; qualified education expenses; home study programs ...............HB 337 Jury duty; exempt certain caregivers and home school teachers..........................HB 1227 Virtual charter schools; provisions ......................................................................... SB 203

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4304

INDEX

HOMELAND SECURITY; urge president and Congress provide funding ...........HR 855
HOMELESS Bringing America Home Act; end homelessness; express support......................HR 1312
HOMEOWNER TAX RELIEF GRANTS Alternative uses - CA..............................................................................................HR 258 Sales tax exemption; food and beverages; repeal; homeowner's incentive adjustment trust fund............................................................................HB 258 Sales tax on certain food and beverages; allocate to homeowner's incentive adjustment - CA .............................................................HR 108
HOMER, CITY OF; new charter ..........................................................................HB 1223
HOMESTEAD EXEMPTION Ad valorem tax; exempt full homestead value; senior citizens..................................HB 8 Ad valorem tax; homestead exemption; equal to state levy ...................................HB 161 Ad valorem tax; time extension for certain members of armed forces; homestead exemption applications .......................................................... SB 393 Bankruptcy; exemptions from levy and sale; increase homestead exemption ........................................................................................HB 1479 Homestead option sales tax; referendum; disbursement of proceeds.....................HB 522 Sales tax; educational purposes; millage rate reduction - CA................................ SR 580 State and Local Taxation, Financing, and Service Delivery Revision Act of 2004; enact................................................................................................HB 709 State-wide base year assessed value - CA ................................................................HR 22 State-wide base year assessed value - CA ................................................................HR 80 Homestead tax deferral; senior citizens; increase amount .....................................HB 138
HOOPER, ANN; commend ...................................................................................HR 1814
HORTON, VAN AND DONNA; commend .........................................................HR 1517
HOSPITALS AND OTHER HEALTH CARE FACILITIES Assisted living facilities; designation; provisions ................................................HB 1466 Assisted living facilities; Levels I and II; provisions ...........................................HB 1033 Certain deaths; persons in compensated care; notify coroner ................................HB 357 Children; prohibit sale or offer for sale of child..................................................... SB 281 Civil practice and torts; substantial revision of provisions; health care...............HB 1472 Civil practice, evidentiary matters, and liability in tort actions; comprehensive revision of provisions ...............................................................HB 1712 Common Sense Civil Justice Reform Act; enact.................................................... SB 133

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INDEX

4305

Driving under the influence; chemical testing requests; hospitals receiving state funds ...........................................................................HB 1293
Evidence; expert testimony; standards for admitting ...........................................HB 1398 Evidence; expert testimony; standards for admitting ...........................................HB 1420 Georgia Health Care Act; enact..............................................................................HB 130 Georgia Hospital Insurance Authority; create ......................................................HB 1028 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1491 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1492 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1521 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1522 Health, education, and social services; certain boards and
councils; amend provisions................................................................................HB 1266 Hospital Insurance Authority Act; enact ................................................................HB 776 Hospitals with managed care plan; limit rates of uninsured.................................HB 1573 House Study Committee on Liability Insurance Rates for
Hospitals and Physicians; create..........................................................................HR 819 House Study Committee on the Development and Expansion
of Community Health Centers; create .................................................................HR 680 House Trauma Network Study Committee; create...............................................HR 1474 Illegal aliens; prohibit receiving state or local services - CA...............................HR 1648 Immunity; independent contractors; certain hospitals and
health care providers..........................................................................................HB 1534 Insurance; health care claims; filing, processing, timely payment......................... SB 350 Joint Study Committee on Certified Professional Midwifery; create ....................HR 227 Karon's Law; enact; repository; donated prescription drugs ................................HB 1692 Liens of hospitals and nursing homes, physician practice; cause
of action liens.....................................................................................................HB 1303 Medical malpractice civil actions; depositions and discovery;
expert opinions...................................................................................................HB 1399 Medical malpractice insurers; rate filings; certain hearings.................................HB 1402 Medical malpractice review panels; create...........................................................HB 1508 Misinterpretation of Code Section 31-6-2(14)(G)(iii); urge
Department of Community Health correct regulation .........................................HR 619 Nonprofit hospitals and employees; liability insurance; provisions.......................HB 326 Nonresident indigent health care; payment; county's liability .............................HB 1443 Nursing homes; influenza and pneumococcal vaccinations;
offer patients annually .......................................................................................HB 1709 Psychologists; authority to prescribe drugs; create psycho-
pharmacological formulary..................................................................................HB 717 Senate Bill 23; urge consideration by House..........................................................HR 722 State employees; consumer driven health plan option; provisions ........................ SB 344 State employees' health insurance; coverage; certain health centers....................HB 1751
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4306

INDEX

State health planning; ambulatory surgical facilities..............................................HB 791 State health planning and development; health care facilities;
amend provisions ...............................................................................................HB 1376 Surgical assistants; licensure; Composite State Board of
Medical Examiners ............................................................................................HB 1008 Tobacco tax proceeds; uses; Medical Trust Fund - CA .........................................HR 780 Torts; certain emergency health care; limited liability.........................................HB 1339 Torts; certain hospital emergency room physicians; liability...............................HB 1396 Torts; certain hospital emergency room physicians; liability...............................HB 1419 Torts; certain hospital emergency room physicians; liability...............................HB 1805 Torts; federal smallpox vaccination program; hospitals and
employees and health care providers and workers; immunity ............................ SB 336 Torts; free health clinics; limit liability ................................................................HB 1576 Torts; free health clinics; limit liability ................................................................HB 1674 Torts; free health clinics; limit liability ................................................................HB 1711 Torts; health care services; noneconomic damages..............................................HB 1618 Torts; limiting liability of free health clinics; provide .........................................HB 1793 Uncompensated trauma care; trust fund to pay hospitals - CA ............................HR 1420 Uninsured patients; limit rates ..............................................................................HB 1533 Vaccination program for emergency responders; contingent
upon bioterrorism funding ................................................................................... SB 333 Volunteers in health care, dentistry, and medicine; revise provisions .................HB 1706
HOTELS AND MOTELS Excessive room rates during special sporting events; prohibit .............................. SB 150 Joint Study Committee on the Rehabilitation of the Winecoff Hotel; create.........................................................................................HR 529 Public accommodations; access by motorcycle patrons.......................................HB 1276 Smoking in public places; prohibitions; certain exceptions .................................HB 1670 Tax; amend certain definitions .............................................................................HB 1072 Tax; amend definitions .............................................................................................HB 69 Tax; consolidated governments; amend provisions .............................................HB 1524 Tax; continuation; audits; review board; reports..................................................HB 1201 Tax; create review board; amend certain provisions ............................................HB 1404 Tax; create review board; amend certain provisions ............................................HB 1415 Tax; define certain convention and bureau authorities.........................................HB 1029
HOUCK, POLICE CHIEF RONALD H.; commend..........................................HR 1452
HOUSE OF REPRESENTATIVES Albany-Dougherty County Day at state capitol; 2/17/04; invite officials to House ...............................................................................................HR 1320

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INDEX

4307

Alpha Kappa Alpha Day; recognize 2/16/04; invite Ferial S. Bishop, National Chair, to House ......................................................................HR 1070
American Red Cross Month; proclaim March, 2004; invite representatives to House..........................................................................HR 1533
Atlanta Braves and Atlanta Braves Foundation; invite certain members to House .............................................................................................HR 1775
Balfour, Honorable Don; communications.................................................Pages 352, 353 Barnes, Honorable Mike; committee assignment.................................................. Page 28 Benjamin E. Mays High School Raiders basketball team; invite to House .........HR 1649 Birdsong, Honorable Ken W.; commend .............................................................HR 2016 Blount, Major General Buford C., III; invite to House .......................................HR 1017 Bordeaux, Honorable Tom; committee assignment .......................................... Page 2467 Bordeaux, Honorable Tom; communication ..................................................... Page 1106 Boys and Girls Clubs; certain members; British Consulate-General;
certain English teens; commend; invite to House..............................................HR 1321 Brantley County's FFA forestry team; commend; invite
Buck Taylor to House ........................................................................................HR 1075 Brantley County's FFA forestry team; commend; invite
Erin Vickers to House........................................................................................HR 1073 Brantley County's FFA forestry team; commend; invite
Hampton Ammons to House .............................................................................HR 1072 Brantley County's FFA forestry team; commend; invite
Jerrin Flowers to House .....................................................................................HR 1074 Brantley County's FFA forestry team; commend; invite
Richard Gill to House ........................................................................................HR 1076 Breeden, Dr. Kenneth H.; invite to House............................................................HR 1316 Broome, Honorable Hugh; committee assignment................................................ Page 33 Buckhead Chapter of AARP; invite to House ......................................................HR 1438 Buckner, Honorable Gail; committee assignment................................................. Page 29 Buford High School Wolves football team; invite coaches and
players to House.................................................................................................HR 1200 Carrollton High School Competitive Cheerleading Squad; invite
team and coaches to House................................................................................HR 1319 Carter, Honorable James Earl "Jimmy", Jr.; commend and invite
to House .................................................................................................................HR 30 Chambliss, Honorable Saxby; invite to House.......................................................HR 241 Channell, Honorable Mickey; committee assignment........................................... Page 36 Cherokee High School Warriors football team; invite coaches and
players to House.................................................................................................HR 1036 Clay, Honorable Chuck; communications..................................................Pages 352, 353 Clayton County Police Department's Highway Enforcement
Against Traffic Unit and Captain Tom Israel; invite members to House..........HR 1538
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4308

INDEX

Coastal Manor Long Term Care Facility; commend and invite representatives to House ....................................................................................HR 1568
Colquitt, Kara; Mrs. Georgia 2003; invite to House ............................................HR 1199 Community Health Centers Day; invite designated representatives
to House .............................................................................................................HR 1039 Congressional, House, and Senate districts; amend certain provisions................HB 1750 Connell, Honorable Jack; urge dedication of Riverwatch Parkway
in his honor ........................................................................................................ SR 1025 Connell, Jack; commend.......................................................................................HR 1774 Cordele-Crisp County Fish Fry; commend spokespersons; invite
cooking team to House ......................................................................................HR 1174 Coweta County African American Heritage Museum and Research
Center; commend; invite Cynthia Rosers to House...........................................HR 1680 Culloden Highland Games and Scottish Festival; invite certain
persons to House..................................................................................................HR 702 Dawson Street Christian Academy Varsity Football Team; invite
team to House ....................................................................................................HR 1068 DeGarmo, Diana; invite to House ........................................................................HR 1284 Delta Sigma Theta Sorority, Inc.; invite representatives to House;
declare 3/19/04 Delta Sigma Theta Day............................................................HR 1682 Dental Hygienists' Appreciation Day; recognize February 7, 2003;
invite to House .....................................................................................................HR 105 Disque, Cody; invite to House..............................................................................HR 1681 Dix, Honorable Scott; committee assignment ................................................... Page 2469 Dixon, Christina; invite to House .........................................................................HR 1172 Dodge Tour de Georgia; invite representatives to House ....................................HR 1647 Dollar, Honorable Matt; committee assignment.................................................... Page 40 Dooley, Honorable Pat; committee assignment .................................................... Page 34 Douglas, Honorable John; committee assignment ................................................ Page 31 Dryden, Lieutenant Colonel Charles W.; invite to House....................................HR 1069 Dukes, Honorable Winfred; committee assignment.............................................. Page 26 Ehrhart, Honorable Earl; committee assignment................................................. Page 645 Elrod, Corporal Stanley; invite to House..............................................................HR 1043 Epps, Honorable Carl Von; committee assignment .............................................. Page 32 Evans, Damon; invite to House ............................................................................HR 1374 Ferguson, John A., Jr.; invite to House ................................................................HR 1527 Forestry Day at the Capitol; recognize 2/10/04; invite Monte
Simpson, Andy Stone, and Steve McWilliams to House ..................................HR 1176 4-H Day at the state capitol; invite certain persons to House.................................HR 990 Free and Accepted Masons of Georgia and the Order of the Eastern
Star; invite to House ..............................................................................................HR 95 Gainesville High School girls golf team; invite team and coach to House ............HR 967

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INDEX

4309

Gainesville High School Lady Red Elephants basketball team; invite team to House ..........................................................................................HR 1532
Garden Club of Georgia, Inc.; commend; invite Jaydee Ager, president, to House ............................................................................................HR 1178
Garrett, Fallon Beth; invite to House....................................................................HR 1175 General Assembly; eligibility to prefile bills and resolutions ................................HB 629 General Assembly, Lt. Governor, House Speaker; term limits - CA .....................HR 354 General Assembly Training Institute; appointment of members .............................HB 57 General Assembly; 2004 Biennial Institute; change location ..............................HB 1616 George Walton Academy football team; invite coaches and players
to House .............................................................................................................HR 1130 Georgia Association of Educators; invite representatives to House ....................HR 1260 Georgia Farm Bureau Federation; invite president to House...............................HR 1042 Georgia Federation of Teachers; invite officers to House....................................HR 1261 Georgia Peach Festival; commend; invite 2003 Georgia Peach
Queens to House ................................................................................................HR 1458 Georgia Recreation and Parks Association; invite representatives
to House .............................................................................................................HR 1177 Green, Darlene Wise; invite to House ..................................................................HR 1763 Gresham Park 12 Year Old Tigers baseball team; invite to House........................HR 142 Guy, Colonel Robert A.; invite to House .............................................................HR 1203 Harrell, Honorable Sally; committee assignment.................................................. Page 26 Henson, Honorable Michele; committee assignment ............................................ Page 27 Hill, Honorable Calvin; committee assignment .................................................... Page 35 Hill, Mr. Meredith; commend World War II service and invite to House ...........HR 1871 Holloway, Amy; invite to House..........................................................................HR 1192 Holloway, Officer Jamey; invite to House ...........................................................HR 1044 Home Depot; commend; Bob Nardelli; invite to House ......................................HR 1677 House Agricultural Research, Extension, and Teaching Programs
Study Committee; create....................................................................................HR 1459 House Atlanta-Fulton County Local Government Restructuring
Study Committee; create....................................................................................HR 1576 House Cervical Cancer Study Committee; create ................................................HR 1529 House Community Improvement District Study Committee; create .....................HR 260 House districts; amend provisions..........................................................................HB 643 House districts 132, 134, 135, 136, 137, 138, 139, 141; reapportion.....................HB 640 House districts; reapportion..................................................................................HB 1453 House districts; reapportion..................................................................................HB 1564 House districts; reapportionment; amend certain provisions ...............................HB 1749 House Energy Efficient Homes Study Committee; create .......................................HR 64 House Georgia Correctional Industries Study Committee; create .......................HR 1761 House interns; 2004 session; commend................................................................HR 1639
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4310

INDEX

House Local School District Development Impact Fees Study Committee; create......................................................................................HR 558
House Local School District Development Impact Fees Study Committee; create....................................................................................HR 1475
House Lottery Technology Study Committee; create ..........................................HR 1678 House Protection from the Dangers of Methamphetamine
Manufacture Study Committee; create ..............................................................HR 1370 House Sandy Springs Study Committee; create .....................................................HR 603 House Septage Disposal Study Committee; create...............................................HR 1419 House Solid Waste Management Study Committee; create.................................HR 1579 House Special Grants Study Committee; create.......................................................HR 48 House staff; 2004 session; commend ...................................................................HR 1521 House Study Committee for the Transfer of Operations of
Hartsfield Atlanta International Airport; create...................................................HR 915 House Study Committee on Adapted Athletics; create ..........................................HR 743 House Study Committee on Adult and Childhood Obesity
and Prevention; create........................................................................................HR 1580 House Study Committee on Carbon Monoxide Poisoning; create.......................HR 1581 House Study Committee on Children's Protective Services; create .....................HR 1686 House Study Committee on Coin Operated Amusement Machines; create...........HR 670 House Study Committee on Equal Pay; create.......................................................HR 319 House Study Committee on Establishing a Family Day; create...............................HR 54 House Study Committee on Funding for Local Victim Assistance
Programs; create ..................................................................................................HR 669 House Study Committee on HB 33; create.............................................................HR 262 House Study Committee on Health Care Bonds; create.......................................HR 1118 House Study Committee on Health Insurance Options for Small
Businesses and Uninsured Working People; create.............................................HR 588 House Study Committee on Law Enforcement Retirement; create........................HR 238 House Study Committee on Lending and Financial Services; create.....................HR 703 House Study Committee on Liability Insurance Rates for
Hospitals and Physicians; create..........................................................................HR 819 House Study Committee on Long-term Care Insurance; create.............................HR 334 House Study Committee on Pari-mutuel Betting and Casino
Gambling; create................................................................................................HR 1124 House Study Committee on Pari-mutuel Betting on Horse Racing; create............HR 781 House Study Committee on Penalties for Driving Under the
Influence Offenses; create .....................................................................................HR 53 House Study Committee on School Restroom Standards; create...........................HR 528 House Study Committee on Sheriffs' Powers; create .............................................HR 226 House Study Committee on the Development and Expansion of
Community Health Centers; create......................................................................HR 680 House Study Committee on the State Public Health System; create....................HR 1651

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INDEX

4311

House Study Committee on Truck and Highway Safety; create..........................HR 1643 House Study Committee on Truck and Highway Safety; create..........................HR 1679 House Study Committee on Truck Safety on the Highways; create ....................HR 1630 House Study Committee on Uniform High School Grading; create ........................HR 51 House Trauma Network Study Committee; create...............................................HR 1474 House Unfunded Mandates Study Committee; create............................................HR 621 Hudgens, Honorable Ralph; communications ............................................Pages 355, 356 Hudson, Honorable Sistie; committee assignment ................................................ Page 37 Hudson, Honorable Sistie; communications ....................................Pages 355, 356, 3077 Hughes, Mary Sallie Clark; invite to House.........................................................HR 1283 Hybl, Nate; invite to House ....................................................................................HR 353 Iraq; postwar rebuilding; urge president and Congress include
African Americans...............................................................................................HR 744 James, Anthony R.; invite to House .....................................................................HR 1650 Jenkins, Honorable Charles; committee assignment ............................................. Page 31 Jenkins, Honorable Charles; election ...................................................................... Page 2 Jenkins, Honorable Charles; oath ............................................................................ Page 5 Keen, Honorable Jerry; committee assignment..................................................... Page 39 Keshi, Honorable Joe, Consul-General of Nigeria; invite to
House; "Africa Day" at capitol; recognize 2/20/04 ...........................................HR 1337 LaGrange High School Grangers football team; invite to House.........................HR 1032 Legislative and congressional reapportionment; specify
requirements; community of interest ..................................................................... SB 91 Legislative Retirement; General Assembly; membership; prior service................HB 300 Lewis, Jamal; invite to House...............................................................................HR 1123 Lord, Honorable Jimmy; committee assignment................................................... Page 25 Lord Laird of Artigarvan; invite to House..............................................................HR 987 Lovejoy Wildcats High School football team and coaches;
invite to House ...................................................................................................HR 1064 Lyle, James M. "Jim"; invite to House .................................................................HR 1652 Macon Bears and Clayton Eagles wheelchair basketball teams;
invite teams and coaches to House ....................................................................HR 1627 Martin, Honorable Chuck; committee assignment ................................................ Page 28 Meadowview Elementary School; commend; invite principal and
school board officers to House ............................................................................HR 557 Messenger; appointment; Roger Byrd................................................................... Page 38 Millican, Kimelan; invite to House ......................................................................HR 1683 Milton High School boys tennis team; invite team and coach to House..............HR 1443 Mitchell, Darrion; invite to House........................................................................HR 1120 Mosley, Honorable Hinson; committee assignment.............................................. Page 34 National Council of Negro Women, DeKalb County Section;
invite to House ...................................................................................................HR 1038 Notify Senate; House convened .............................................................................HR 943

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4312

INDEX

Oliver, Honorable Mary Margaret; committee assignment............................... Page 2468 Omotayo, Sarah; invite to House..........................................................................HR 1071 PAGE Day on Capitol Hill; recognize 2/10/04; invite officers to House ............HR 1122 Poythress, Major General David; invite to House; "National Guard
Day"; recognize 3/5/04 ......................................................................................HR 1338 Prchal, Dr. Jerry; Georgia Optometric Association; invite to House ...................HR 1121 Randall, Honorable Nikki T.; committee assignment ....................................... Page 3074 Randall, Honorable Nikki T.; communication .................................................... Page 159 Republican Caucus; election of Minority Leader.................................................. Page 24 Respress, Emma; invite to House ...........................................................................HR 616 Ringgold High School Wrestling Team; invite team and coach to House...........HR 1526 Robert Toombs Christian Academy football team; invite to House ....................HR 1644 Rockmart High School wrestling team; invite team and coaches to House...........HR 615 Rules of House; add Rule 121.1 ...........................................................................HR 1345 Rules of House; amend Rule 13 .............................................................................HR 214 Rules of House; amend Rule 13 .............................................................................HR 983 Rules of House; amend Rule 13 ...........................................................................HR 1193 Rules of House; amend Rule 13 ...........................................................................HR 1820 SafePath Children's Advocacy Center, Inc.; invite representatives
to House .............................................................................................................HR 1340 Salaries of certain state officials; 10 percent reduction..........................................HB 222 Savannah St. Patrick's Day Parade; invite certain persons to House ...................HR 1441 Senate convened; notify House .............................................................................. SR 565 Siegel, Dr. Betty; invite to House; Adult Learner Student Organization;
commend; "Adult Learner Day"; recognize 4/9/04 ...........................................HR 1444 Silver-Haired Legislature; invite representatives to House..................................HR 1405 Skipper, Honorable Jimmy; appointment; Budgetary Responsibility
Oversight Committee.......................................................................................... Page 37 Sloan, Dr. Bill; invite to House ............................................................................HR 1531 Smith, Honorable Bob; committee assignment ..................................................... Page 30 Smith, Honorable Paul E.; committee assignment ................................................ Page 23 Smith, John H., G. W. Smith, Alfred G. Oliver, Clinton Oliver, and
Bert Smith Oliver; recognize five generations of service in House ..................HR 1965 Snow, Honorable Mike; election ............................................................................. Page 1 Snow, Honorable Mike; oath................................................................................... Page 2 South Gwinnett High School boys' basketball team; invite players
and coaches to House.........................................................................................HR 1573 South Gwinnett High School Comets basketball team; invite coaches
and players to House..........................................................................................HR 1646 Special license plates; General Assembly; change certain provisions .................HB 1588 Spelman College Day; 1//27/04; invite Dr. Beverly Daniel
Tatum to House....................................................................................................HR 981

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4313

State University of West Georgia cheerleaders; invite coaches and members to House.......................................................................................HR 1317
Stephenson High School girls' basketball team; commend; invite team, coaches, and principal to House...............................................................HR 1764
Stewart, Tony; invite to House .............................................................................HR 1342 Stunzi, Joseph; invite to House.............................................................................HR 1318 Thomson High School Football Team; invite to House.........................................HR 378 Trion High School Debate Team; invite team and coaches to House..................HR 1733 Troup County School System National Board Certified Teachers;
invite to House ...................................................................................................HR 1173 21st Century Leaders Day; commend students; invite House
members to participate.......................................................................................HR 1066 Warren, Honorable Pete; communications...................................Pages 1815, 2075, 2436 Webster, Charles B.; invite to House ...................................................................HR 1423 Wesleyan Wolves girls' basketball team and coaches; invite to House ...............HR 1645 West Georgia Wolverines; invite team to House .................................................HR 1574 Westminster High School's Lady Wildcats volleyball team; invite
team and coaches to House................................................................................HR 1067 Wetekam, Major General Donald J.; invite to House ..........................................HR 1031 Wills, Billie Ann; invite to House ..........................................................................HR 986 Wright, Jean; invite to House ...............................................................................HR 1731 Xuefei Zhou, Falun Gong practitioner; invite to House.......................................HR 1570 Youth Advisory Council of Columbus, Georgia; invite members
to House .............................................................................................................HR 1033 Zainaldin, Dr. Jamil S.; Georgia Humanities Council president;
invite to House ...................................................................................................HR 1119
HOUSING (See Buildings and Housing)
HOUSTON COUNTY Grant easement ....................................................................................................... SR 651 Perry-Houston County Airport Authority; membership.......................................HB 1684
HUBBARD, LINDA B.; commend........................................................................HR 1525
HUDGENS, HONORABLE RALPH; communications............................Pages 355, 356
HUDSON, HONORABLE SISTIE Committee assignment........................................................................................... Page 37 Communications ...............................................................................Pages 355, 356, 3077
HUDSON, REVEREND JACK; commend..........................................................HR 1019
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4314

INDEX

HUGHES, MARY SALLIE CLARK; invite to House........................................HR 1283
HULL, JOYCE B.; commend................................................................................HR 1843
HUMAN CLONING; federal legislation banning; urge passage............................HR 617
HUMAN RESOURCES, DEPARTMENT OF Adoptions and child-placing agencies; records access; birth records; practices and procedures.......................................................................... SB 55 Bright From The Start: Georgia's Office of Early Care and Education; create................................................................................................HB 1288 Child protective services workers; definition; provisions ....................................HB 1554 Children's Vision Improvement and Learning Readiness Act of 2004; enact.....................................................................................................HB 1361 Choose Life adoption support program; special license plates ..............................HB 254 Choose Life adoption support program; special license plates ..............................HB 286 Disabled persons; home and community based services; urge certain funding ...................................................................................................HR 1307 Foster Parents Bill of Rights; enact ......................................................................HB 1580 Hepatitis C Awareness and Education Month; recognize month of October; urge Public Health Division undertake related studies.........................HR 701 National Eating Disorders Awareness Week; urge undertake studies .................HR 1029 On-site sewage management systems; adopt statewide regulations.......................HB 992 Open records; exemption; certain personal information ......................................HB 1594 Public records; disclosure; exempt personal information of certain employees ................................................................................................ SB 451 Schools; health education and physical activity; urge funding ............................HR 1096 Septic tank waste; counties provide for disposal....................................................HB 951 Spinal cord disabled and head-injured persons; treatment; reporting procedures ............................................................................................ SB 582 Vital records; amend provisions; create Office of Vital Records........................... SB 478
HUNTING (Also, see Game and Fish) Amend provisions; commercial deer hunting preserves ........................................HB 247 Deer hunting; closed and open seasons, bag limits, antler restrictions; amend provisions ............................................................................. SB 317 Dove hunting; state-wide uniform open season dates; urge adoption..................HR 1401 Game and fish; licenses; hunting deer with dogs .................................................HB 1289 Game and fish; permits to kill certain deer; authorize..............................................HB 80 Harvest-hunt preserves; authorize and regulate....................................................HB 1651 Hunting alligators and certain other wildlife; amend regulations ..........................HB 814 Hunting and fishing; honorary licenses; disability certification...........................HB 1608 Hunting and fishing; lifetime honorary licenses; certain military veterans .........HB 1586

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INDEX

4315

Hunting and fishing; preserve citizens' rights - CA................................................HR 985 Hunting deer with dogs; new rules not affect open season ..................................HB 1102 Hunting deer with dogs; permits; amend provisions............................................HB 1558 Hunting deer with dogs; permits; change certain provisions ...............................HB 1230 Hunting deer with dogs; permits; prohibition.........................................................HB 845 Hunting deer with firearm during bow season; certain quadriplegics.................... SB 430 Hunting licenses or permits; violations; hunting deer with dogs ........................... SB 406 Lifetime sportsman's licenses; certain nonresidents; provisions ..........................HB 1362 Primitive weapons; amend muzzleloading firearm provisions ............................HB 1703 Right of citizens to hunt and fish; certain restrictions - CA ................................... SR 563 Voter registration; application through hunting and fishing
license applications .............................................................................................. SB 541
HUTCHINSON, AUSTIN Commend brave and heroic action at Heritage High School ............................HR 1449
HYBL, NATE; invite to House ................................................................................HR 353

I
IL LOCALINO ITALIAN RESTAURANT; commend .....................................HR 1857
IMAGE CLARKSTON, INC.; commend.............................................................HR 1717
IMMIGRATION; urge comprehensive federal reform.........................................HR 1375
INCOME TAX Alimony and child support; financial status of parties; verification ........................HB 21 Amend certain definitions ........................................................................................HB 72 Amend certain definitions ....................................................................................HB 1074 Biotechnology businesses; job tax credit................................................................HB 563 Bright From The Start: Georgia's Office of Early Care and Education; create................................................................................................HB 1288 Certain monthly returns; increase threshold...........................................................HB 294 Corporations; allocation and apportionment formulas ...........................................HB 559 Corporations; allocation and apportionment formulas .........................................HB 1405 Corporations; allocation and apportionment formulas; comprehensive revision .....................................................................................HB 1435 Credit; certain businesses; border counties ............................................................HB 325 Credit; certain businesses creating full-time jobs...................................................HB 422 Credit; certain businesses; less developed areas.....................................................HB 298 Credit; certain counties; wireless telecommunications carrier .............................HB 1515
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4316

INDEX

Credit; certain counties; wireless telecommunications carrier .............................HB 1516 Credit; certain headquarters; creation of full-time jobs..........................................HB 492 Credit; certain motion picture production investments ........................................HB 1523 Credit; certain motion picture production investments ........................................HB 1775 Credit; certain pharmaceutical companies..............................................................HB 993 Credit; certain teachers and paraprofessionals .....................................................HB 1530 Credit; certain teachers or paraprofessionals..........................................................HB 453 Credit for premium energy efficient appliances .....................................................HB 564 Credit for relocating headquarters; amend .............................................................HB 566 Credit; home improvements and community improvement districts .....................HB 543 Credit; individual development accounts; comprehensive regulation..................HB 1384 Credit; less developed areas; certain business enterprises; military bases ............... SB 11 Credit; less developed areas; certain businesses; enterprise zones ........................HB 984 Credit; low or zero emission vehicles; electric chargers ........................................HB 535 Credit; qualified broadband equipment ..................................................................HB 961 Credit; qualified child care expenses........................................................................HB 36 Credit; qualified child care expenses......................................................................HB 209 Credit; qualified education expenses; home study programs .................................HB 337 Credit; qualified health insurance expenses ...........................................................HB 252 Credit; qualified health insurance expenses ...........................................................HB 518 Credit; qualified reforestation expenses .................................................................HB 540 Credit; qualified research expenses ......................................................................HB 1212 Credit; qualified research expenses; redefine base amount..................................HB 1541 Credit; rural physicians; medical malpractice insurance premiums.....................HB 1401 Credit; teachers; qualified education expenses.......................................................HB 431 Credit; teleworking; provisions ............................................................................HB 1374 Deduction; subscriptions paid for fire protection ...................................................HB 351 Driver education for minors; income tax credit......................................................HB 813 Eliminate.....................................................................................................................HB 7 Enterprise zones; pervasive poverty area; job tax credits ....................................HB 1527 Estimated income tax; failure to pay; underpayment calculation ............................HB 59 Estimated tax liability payments; increase threshold .............................................HB 852 Exempt active duty military income.......................................................................HB 118 Exempt capital gain income ...................................................................................HB 562 Exempt certain organ donation expenses .............................................................HB 1410 Exempt military income .............................................................................................HB 9 Exempt military income .......................................................................................HB 1296 Exempt military income .......................................................................................HB 1460 Exempt persons 65 or older ........................................................................................HB 5 False claims of independent contractor status; penalties........................................ SB 491 Federal tax cuts; urge Congress make permanent ................................................HR 1041 Fire protection; certain subscriptions; urge Congress to provide
federal income tax deduction...............................................................................HR 143

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INDEX

4317

Georgia Income Tax Lottery Act; enact ...............................................................HB 1425 Gradual reduction; abolishment..................................................................................HB 2 Independent contractors; certain false declarations..............................................HB 1444 Military income exclusion; amend provisions......................................................HB 1226 Monthly returns; increase threshold .......................................................................HB 465 Public Revenue Code; conform to federal law.......................................................HB 181 Public Revenue Code; conform to federal law.......................................................HB 534 Refunds; increase time for claiming.........................................................................HB 48 Refunds; increase time for claiming.....................................................................HB 1152 Refunds; set off debt collection; political subdivisions........................................HB 1319 Refunds; set off debt collection; political subdivisions........................................HB 1506 Refunds; set off debt; probation fees and restitution orders...................................HB 677 Repeal; prohibit levy and collection.....................................................................HB 1686 Returns; electronic filing; extend date....................................................................HB 536 Revenue; temporary income tax exemption; database of
special driver's license issuance.........................................................................HB 1309 State and local tax revision; uniform sales and use tax
administration ....................................................................................................HB 1437 Taxable net income; exclude amount paid for health insurance ............................HB 454 Taxable net income; exclude capital gains .................................................................HB 4 Taxable net income; exclude certain capital gains;
condemned property ..........................................................................................HB 1255 Taxable net income; exclude certain military pay..................................................HB 100 Taxable net income; exclude certain military pay..................................................HB 310 Taxable net income; retirement income exclusion; increase..................................HB 116
INDEMNIFICATION Emergency management agencies; certain employees........................................... SB 218 Government employed firefighters; rebuttable presumption ...............................HB 1297 Law enforcement and emergency personnel; line-of-duty disability; certain infections................................................................................. SB 604 Law enforcement officer or fire fighter; claims for temporary disability ............HB 1574 Nonprofit hospitals and employees; liability insurance; provisions.......................HB 326 Special license plates; revenue dedication; certain nonprofit organizations - CA .............................................................................................HR 1322 State highway employees; eligibility date ..............................................................HB 332
INDIAN AFFAIRS American Indian tribes; recognize RedNation of Cherokee New Echota Band.........................................................................................................HB 755 Eastern Cherokee Indian Tribe; revise address ........................................................ SB 93 Funk Heritage/Bennett Center at Reinhardt College; designate as official Frontier and Southeastern Indian Interpretive Center ........................HB 494

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4318

INDEX

Joint Study Committee on Economic Development of the Lower Muscogee Creek Indian Tribe and Southwest Georgia; create .........................HR 1445
Official Frontier and Southeastern Indian Interpretive Center; designate..............HB 865
INDIGENT (Also, see Social Services) Ambulance services; reimbursement for Medicaid recipients and indigents ......................................................................................................HB 1720 Assisted living facilities; designation; provisions ................................................HB 1466 Assisted living facilities; Levels I and II; provisions ...........................................HB 1033 Bringing America Home Act; end homelessness; express support......................HR 1312 Certificate of need; injectable medications administered in home; certain exemptions ..............................................................................HB 1785 County law libraries; board members; use of collected funds ................................. SB 83 Employees' Retirement; Indigent Defense Council; change designation.............................................................................................HB 1137 Fines and forfeitures; civil filing fee; indigent defense fund ...............................HB 1807 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1491 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1492 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1521 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1522 Hospitals; nonresident indigent health care; payment; county's liability .............HB 1443 Indigent Defense Act; enact; circuit public defenders............................................HB 828 Indigent Defense Act of 2003; enact; circuit public defender; multicounty capital defender ............................................................................... SB 102 Indigent defense; alternate delivery systems .......................................................... SB 512 Indigent defense; Public Defender Standards Council; members ........................HB 1318 Indigent defense; state funds; change distribution criteria .....................................HB 788 Indigent defense; state funds; distribution provisions ..........................................HB 1267 Local victim assistance programs; funding; additional penalty ...........................HB 1562 Local victim assistance programs; funding; amend provisions............................HB 1561 Long-term care facilities; redefine abuse .............................................................HB 1381 Nursing homes; influenza and pneumococcal vaccinations; offer patients annually .......................................................................................HB 1709 Pharmacy Services Fee Act; enact........................................................................HB 1462 State health planning and development; health care facilities; amend provisions ...............................................................................................HB 1376 State program of health services; fiscal condition; annual reports.......................HB 1704 Technology and indigent defense fees and certain fines; authorize .......................HB 240 Tobacco tax proceeds; uses; Medical Trust Fund - CA .........................................HR 780
INDUSTRIAL HYGIENE TITLE PROTECTION ACT; enact.......................HB 1379

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INDEX

4319

INDUSTRIAL LOANS Crimes; payday lending, deferred presentment services, advance cash services, certain small loans; violations; penalties ...................................... SB 157
INDUSTRY, TRADE, AND TOURISM, DEPARTMENT OF Business Equity Act of 2004; provisions .............................................................HB 1707 Change name to Department of Economic Development ....................................HB 1529 Hotels and motels; excessive room rates during special sporting events; prohibit .................................................................................................... SB 150 Income tax credits; certain motion picture production investments.....................HB 1523 Powers; real property.............................................................................................. SB 531
INFECTIOUS DISEASES Childhood vaccination registry; include all persons from birth to death .............HB 1526 College students; meningococcal meningitis; vaccination or signed waiver .......................................................................................................HB 199 College students; vaccination against meningococcal meningitis.......................... SB 266 Contact lenses; selling and dispensing; amend provisions...................................HB 1496 Contact lens prescribers; licensing requirements; violations; penalties ...............HB 1261 Hepatitis C Awareness and Education Month; recognize month of October; urge Public Health Division of Department of Human Resources undertake related studies .......................................................HR 701 Law enforcement and emergency personnel; line-of-duty disability; certain infections................................................................................. SB 604 Medicaid; medications for certain disorders; prohibit restricting ........................HB 1500 Medicaid; medications for certain illnesses; prohibit restricting .........................HB 1473 Reckless conduct against peace or correctional officer; HIV or hepatitis infected person ......................................................................................HB 711 Special license plates; AIDS Survival Project........................................................HB 593 Special license plates; AIDS Survival Project - CA.............................................HR 1151 Torts; federal smallpox vaccination program; hospitals and employees and health care providers and workers; immunity............................................... SB 336 Vaccination program for emergency responders; contingent upon bioterrorism funding ............................................................................................ SB 333
INFORMATION TECHNOLOGY (See Electronic Technology and Transmissions)
INGRAM, HONORABLE EDITH; commend ....................................................HR 1302
INITIATIVE PETITION Elections; petition candidates; notification of requirements ..................................HB 723
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4320

INDEX

Freedom of speech and right to petition; certain actionable acts .........................HB 1069 Power to enact and repeal statutes - CA .................................................................HR 405 Public initiative referendums; provisions - CA ........................................................HR 44
INSURANCE Accident and sickness insurance; group policies; infertility coverage.................HB 1012 Accident and sickness insurers; prohibit limitation; geographic location............HB 1232 All terrain vehicles; restrictions, violations, penalties; change certain provisions...............................................................................................HB 1294 Captive insurance companies; workers' compensation contracts; amend provisions ...............................................................................................HB 1623 Captive insurance companies; workers' compensation insurance contracts ........HB 1076 Certain notices; certified mail or statutory overnight delivery.............................HB 1043 Civil practice, evidentiary matters, and liability in tort actions; comprehensive revision of provisions..................................................HB 1712 Common Sense Civil Justice Reform Act; enact.................................................... SB 133 Consumer Choice of Benefits Health Insurance Plan Act; enact ...........................HB 806 Employees' Retirement; group term life insurance; definition...............................HB 607 Employment; discharge because of absenteeism; amend provisions .....................HB 112 Employment security; certain persons seeking part-time work .............................HB 591 Employment security; exclude services by certain corporate officers .....................HB 16 Flexible Health Benefit Plan Act; enact .................................................................HB 972 Health benefits; failure to pay; penalty not applicable to cap ................................HB 220 Health benefits; failure to pay; penalty not applicable to cap ................................HB 259 Health care claims; expedited processing...............................................................HB 843 Health care claims; filing, processing, timely payment ......................................... SB 350 Health Insurance Risk Pool; create; alternative mechanism coverage.................HB 1038 Health insurance; state employees no longer covered by federal insurance plan ...................................................................................................... SB 282 Health maintenance organizations; mail-order pharmaceuticals; provisions...........................................................................................................HB 1478 Health maintenance organizations; mental disorders; point-of-service options .......................................................................................HB 145 Health maintenance organizations; regulation; national certification .................... SB 608 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1491 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1492 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1521 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1522 High risk health insurance; urge officials seek certain federal grants....................HR 561 House Study Committee on Health Insurance Options for Small Businesses and Uninsured Working People; create.............................................HR 588 House Study Committee on Liability Insurance Rates for Hospitals and Physicians; create..........................................................................................HR 819

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INDEX

4321

House Study Committee on Long-term Care Insurance; create.............................HR 334 Income tax credit; qualified health insurance expenses .........................................HB 252 Income tax credit; qualified health insurance expenses .........................................HB 518 Individual deferred annuities; nonforfeiture amounts; set rates .............................HB 539 Insurance fraud; violations; penalty provisions....................................................HB 1094 Insurance premiums; fees and taxes; amend provisions.......................................HB 1081 Insurance premium taxes; change provisions.........................................................HB 530 Insurers; food or refreshments at seminars; provisions........................................HB 1348 Local boards of education; certain benefits; authorize funds.................................HB 328 Malpractice insurance; cancellation or increase in premiums;
agent restrictions ................................................................................................HB 1596 Malpractice insurance; cancellation or increase in premiums;
agent restrictions ................................................................................................HB 1806 Managed health care plans; right to independent review; include
state employees ....................................................................................................HB 697 Medicaid; medications for certain disorders; prohibit restricting ........................HB 1500 Medical malpractice insurers; rate filings; certain hearings.................................HB 1402 Motor vehicle insurance; advance payment requirements ...................................HB 1499 Motor vehicle insurance; certain payments; notification to lienholder ..................HB 421 Motor vehicle insurance; determination of liability; timely contact ....................HB 1497 Motor vehicle insurance; issuance, renewal, termination; amend
certain provisions...............................................................................................HB 1509 Motor vehicle insurance; mile-based premiums.....................................................HB 201 Motor vehicle insurance; termination; exception; certain
military personnel ................................................................................................HB 171 Motor vehicle liability insurance; cancellation by member of
armed forces ordered abroad ............................................................................... SB 280 Motor vehicles; certain proof of insurance; amend provisions ................................HB 86 Municipalities; lease property to certain nonprofit corporation .............................HB 423 Nonprofit hospitals and employees; liability insurance; provisions.......................HB 326 Peace Officers' Annuity and Benefit; include certain fraud investigators..............HB 715 Prescription drugs by mail; enrollees in HMO health benefit plans ...................... SB 145 Property and casualty; location of agents .............................................................HB 1134 Property insurance; warranty service agreements; surety bonds..........................HB 1737 Property or casualty; premium financing .............................................................HB 1133 Rate filings; effectiveness.......................................................................................HB 576 Retention of excess loss reserves; prohibition......................................................HB 1403 Seed-Capital Fund; comprehensive revision of provisions ..................................HB 1507 Service of orders and notice; electronic mailing ..................................................HB 1203 Service of orders and notices; authorize electronic mail;
property insurance; claim against policy; define ...............................................HB 1263 Small Business Employee Choice of Benefits Health Insurance
Plan Act; enact ...................................................................................................HB 1302

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4322

INDEX

State employees' health insurance; certain community service retirees.................HB 594 State employees' health insurance; fiscal condition; annual reports ....................HB 1320 State-wide Reserve Ratio; employer contribution rate; surcharge .......................HB 1555 Subsequent Injury Trust Fund; dissolution.............................................................HB 570 Subsequent Injury Trust Fund; dissolution provisions.........................................HB 1579 Surcharges for certain public safety employees; remove
certain limitations ................................................................................................HB 547 Task Force to Review State and Federal Health Insurance
Mandates; create ................................................................................................HB 1330 Torts; damages; collateral sources; definitions and provisions............................HB 1342 Unemployment benefits; additional ground for disqualification............................HB 731 Unemployment benefits; eligibility; military transfer of spouse............................HB 117 Workers' compensation; certain claimants; appointment of
guardian; settlements .........................................................................................HB 1278 Workers' compensation; certain medical treatment; authorization; denial ............HB 404 Workers' compensation; total and temporary partial disability; benefits ...............HB 429
INTANGIBLE TAXATION Ad valorem taxes, fees, service charges, assessments; installment payments; statewide applicability........................................................................HB 679 Payment; recording of instruments.........................................................................HB 513 Property in more than one county; prorated payment ..........................................HB 1665 Real estate transfer tax; amend provisions ...............................................................HB 77 Real estate transfer tax; amend provisions ...........................................................HB 1070
INTEREST AND USURY Bonds; qualified interest rate management agreement........................................... SB 515 Commercial accounts; maximum rate ....................................................................HB 686
INTERNET ACCESS TAX; urge Congress ban permanently .............................HR 1040
INVASION OF PRIVACY Peeping Toms; expand description.......................................................................HB 1493 Peeping Toms; spying upon or invading the privacy of another............................ SB 151
IRAQ Cultural artifacts looted and destroyed; urge U. S. restore and preserve ...............HR 779 Postwar rebuilding; urge president and Congress include African Americans ............................................................................................................HR 744
IRWIN COUNTY; commissioner districts; reapportion .......................................HB 1021
ISRAEL, STATE OF; urge national support; declare Georgia support....................HR 50

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4323

IVEY, ROSE MARY; condolences.......................................................................HR 1878

J
JACK CONNELL PARKWAY; designate ............................................................HR 104
JACKMONT HOSPITALITY, INC.; commend.................................................HR 2015
JACKSON COUNTY Education districts; reapportion............................................................................HB 1817 Probate judge and chief magistrate; nonpartisan elections..................................... SB 288
JACKSON, GEORGE; commend.........................................................................HR 1225
JACKSON, GEORGE "ACTION"; condolences ...............................................HR 1367
JAILS Certain counties; full-time dispatcher serve as jailer..............................................HB 820 Certain inmate labor; authorize ..............................................................................HB 398 Graffiti; compensation to property owners; use of inmate labor to remove from private property .............................................................................. SB 313 Housing of state prisoners; payment ......................................................................HB 143 Inmate accounts; certain deductions.......................................................................HB 968 Inmates; earned time allowances ............................................................................HB 239 Inmates; medical treatment...................................................................................HB 1202 Inmate transfers; limitations on requests ................................................................HB 741 Juvenile proceedings; juvenile court jurisdiction; change age .............................HB 1418 Private prisons; regulation; provisions ...................................................................HB 742 Probation; increase supervision fees; fees for transferal ......................................HB 1600 State-wide probation system; terms and conditions; risk-reducing programs ......................................................................................HB 1371
JAMES, ANTHONY R.; invite to House..............................................................HR 1650
JAMES COOPER PRAYER GROUP; commend ..............................................HR 1781
JAMES D. (JIM) MCGEE MEMORIAL HIGHWAY; designate ...................... SR 952
JAMES, REVEREND WALTER C.; commend .................................................HR 1994
JAMES VIRGIL JOHNSON BRIDGE Recognize honorary designation; Bacon County .................................................HR 1365
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4324

INDEX

JASPER COUNTY; grant easement ....................................................................... SR 651
JEFF DAVIS COUNTY; public facilities authority; create..................................HB 1777
JEFFERSON HIGH SCHOOL WRESTLING TEAM; commend ...................HR 1936
JENKINS, HONORABLE CHARLES Committee assignment........................................................................................... Page 31 Election .................................................................................................................... Page 2 Oath.......................................................................................................................... Page 5
JOHN D. SMITH HIGHWAY Designate ................................................................................................................ SR 301 Designate ................................................................................................................ SR 668
JOHN PELHAM MEMORIAL PARKWAY; designate....................................HR 1190
JOHNNY WAYNE SPIVEY BRIDGE; designate ..............................................HR 1472
JOHNSON COUNTY Commissioner districts; reapportion.....................................................................HB 1120 Education districts; reapportion............................................................................HB 1121
JOHNSON, EVE; commend..................................................................................HR 1154
JOHNSON, SPC. NATHANIEL HENRY; condolences.....................................HR 1015
JOINER, BRIAN JOSEPH; commend.................................................................HR 1503
JONES COUNTY Board of commissioners; amend provisions.........................................................HB 1059 Board of commissioners; chairperson ..................................................................HB 1112 Emergency Management Agency (EMA); commend ..........................................HR 1106
JONES, DEBRA; commend ..................................................................................HR 1989
JONES, ERICA N.; commend...............................................................................HR 1808
JONES, NATHAN; Eagle Scout; commend..........................................................HR 1767
JONES, SIMONE NICOLE; commend ...............................................................HR 1229
JONES-TOTTEN, YOLANDRIA; commend......................................................HR 1805

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INDEX

4325

JONES, VINCENT; commend..............................................................................HR 1115
JORDAN, MARY LOU; commend ......................................................................HR 1875
JOSEY, DR. ANGIE; commend ...........................................................................HR 1593
JOY N. KLEEMAN MEMORIAL BIKEWAY; designate ................................HR 1404
JOYNER, TOM AND THE TOM JOYNER FOUNDATION; commend ...................................................................................HR 973
JUDGE JIM WEEKS INTERSECTION Designate .................................................................................................................. SR 66 Designate ................................................................................................................ SR 869
JUDGES Campaign contributions; applicants for judgeships; prohibitions ..........................HB 160 Campaign contributions; certain judgeships; disqualification ...............................HB 155 Cherokee, Gwinnett, and Southern Judicial Circuits; add judges .......................... SB 594 Comprehensive planning and service delivery; local government; amend definition ................................................................................................HB 1559 County judicial offices; nonpartisan elections; provide by local Act.......................HB 47 Criminal procedure; demand for trial; service; expiration; appeals ......................... SB 45 Ethics reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments .................................... SB 109 Federal judicial nominations; urge U.S. Senate support floor vote......................HR 1313 Grand juries; certain judges draw from electronic jury box...................................HB 580 Judges of the Probate Courts Retirement; designated surviving beneficiary ...........................................................................................HB 739 Judicial Emergency Act of 2004; enact................................................................HB 1450 Judicial Retirement and Employees' Retirement; certain membership; creditable service ...........................................................................HB 923 Judicial Retirement and Employees' Retirement; prior service as assistant district attorney; service credit ..............................................................HB 753 Judicial Retirement; certain creditable service.......................................................HB 557 Judicial Retirement; certain judges; transfer from Employees' Retirement ...........HB 976 Judicial Retirement; certain prior county service; credit........................................HB 933 Judicial Retirement; Fulton County State Court judges; membership ...................HB 441 Judicial Retirement; members transfer contributions from Employees' Retirement System ...........................................................................HB 224 Judicial vacancies; appointment by governor; prohibition; exemption..................HB 675 Juvenile court judges; compensation from state funds; adjustment .......................HB 502 Medical malpractice review panels; create...........................................................HB 1508

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4326

INDEX

Probate courts; certain judges; salary increases ...................................................HB 1372 Trials; continuance; certain judicial service in another court...............................HB 1455
JUDGMENT (See Verdict and Judgment)
JUDICIAL CIRCUITS Cherokee; add judge ...............................................................................................HB 269 Cobb; judges; supplement ....................................................................................HB 1591 Fines and forfeitures; technology fees and boards; certain judicial circuits ........HB 1392 Flint; add judge .....................................................................................................HB 1355 Gwinnett; add judge................................................................................................HB 282 Gwinnett; add judge................................................................................................ SB 594 Indigent Defense Act of 2003; enact; circuit public defender; multicounty capital defender ............................................................................... SB 102 Indigent defense; state funds; distribution provisions ..........................................HB 1267 Pataula; change certain terms of court..................................................................HB 1373 Southern; add judge ..............................................................................................HB 1051 Southern; add judge ..............................................................................................HB 1126
JULIEN B. RODDENBERY, SR. MEMORIAL DRIVE Designate ................................................................................................................HR 620 Designate ..............................................................................................................HR 1373
JURIES Civil cases; challenges for causes.........................................................................HB 1484 Grand juries; certain judges draw from electronic jury box...................................HB 580 Jury duty; exempt certain caregivers and home school teachers..........................HB 1227 Jury duty; exemptions; certain caregivers and elderly .........................................HB 1273 Panels; selection; equal number of peremptory strikes ............................................ SB 27 Peremptory challenges; alternate jurors .................................................................HB 859 Peremptory challenges; equal number of strikes..................................................HB 1657 Peremptory challenges; equal number of strikes..................................................HB 1678 Peremptory challenges; equal number of strikes..................................................HB 1739 Service provisions; Jury Patriotism Act ...............................................................HB 1323 Special grand juries; certain counties and consolidated governments; amend ............................................................................................HB 994 State and defense; equal peremptory strikes...........................................................HB 299 State Bar; jury trial before disbarment; repeal option ..........................................HB 1648
JURISDICTION AND VENUE Civil actions; codefendants in different counties; venue......................................HB 1476 Juvenile court jurisdiction; temporary child support order ....................................HB 273

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4327

JUSTICE, ASHLEY; 4-H honoree; commend........................................................HR 993
JUVENILE PROCEEDINGS Aaron Cohn Regional Youth Detention Center; designate ..................................HR 1530 Abortion; minors; identification requirements .....................................................HB 1597 Abortion; minors; parental notification ..................................................................HB 574 Abortion; parental notification; identification requirements..................................HB 466 Abortion; parental notification; requirements ........................................................ SB 240 Adoptions and child-placing agencies; records access; birth records; practices and procedures.......................................................................... SB 55 Adoptions; name change of office; amend provisions ...........................................HB 176 All terrain vehicles; restrictions, violations, penalties; change certain provisions...............................................................................................HB 1294 Certain conviction; termination of parental rights................................................HB 1632 Child placement; adoption petition; time limit requirement ................................HB 1322 Courts; certain clerks; continuing education ..........................................................HB 995 Courts; mandatory sealing of records; certain circumstances ..............................HB 1331 Court supervision fees; amend provisions............................................................HB 1485 Deprived children; amend provisions..................................................................... SB 148 Deprived child; temporary legal custody; provisions...............................................HB 41 Discovery and inspection; regulate.........................................................................HB 172 Disposition and evidence against child in civil action ............................................. SB 48 Interstate Compact for Juveniles; enact..................................................................HB 955 Judicial Retirement; certain creditable service.......................................................HB 557 Jurisdiction; minors under age 17.........................................................................HB 1490 Juvenile court judges; compensation from state funds; adjustment .......................HB 502 Juvenile court jurisdiction; change age ................................................................HB 1418 Juvenile court; jurisdiction; temporary child support for deprived child ...............HB 655 Juvenile court; jurisdiction; temporary child support order ...................................HB 273 Juvenile justice reform; training programs; pretrial proceedings; indictment.....................................................................................HB 1299 Juvenile traffic offenses; jurisdiction; remove from juvenile court .......................HB 740 Parental power, grandparent visitation, adoption; prohibition; certain conviction.................................................................................................HB 330 Redefine "child"......................................................................................................HB 905 Schools; compulsory attendance; disciplinary actions; codes of conduct; drivers' licenses ..................................................................................... SB 428 Schools; local boards; adopt truancy policy ...........................................................HB 900 Sibling group placement and visitation; amend provisions..................................HB 1025 Weapons; school discipline policies; petition juvenile courts..............................HB 1388 Youthful offenders; amend provisions ...................................................................HB 670

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4328

INDEX

K
KASPRZYK, RANDY; commend.........................................................................HR 1224
KAY, NEENEE; commend ....................................................................................HR 1596
KEEN, HONORABLE JERRY; committee assignment ...................................... Page 39
KEEN, JUNE; commend; certain volunteerism award..........................................HR 1694
KEITH KALLAND MEMORIAL HIGHWAY; designate..................................HR 132
KELSEY, ANDREW ZADOK "A.Z."; honor life and legacy............................HR 1407
KENNEDY, WILLIAM; commend ......................................................................HR 1852
KENNESAW, CITY OF Gateway Regional Information Center, Inc.; Cobb County public rest stops ...................................................................................................HB 916
KENT, RANDALL H.; commend .........................................................................HR 1271
KESHI, HONORABLE JOE Commend..............................................................................................................HR 1244 Consul-General of Nigeria; Invite to House; "Africa Day" at capitol; recognize 2/20/04..............................................................................HR 1337
KETTLE CREEK CHAPTER OF THE GEORGIA SOCIETY, DAUGHTERS OF THE AMERICAN REVOLUTION; commend .................................................................................HR 1286
KHLIFI, KHALIL; 4-H honoree; commend...........................................................HR 994
KICKLIGHTER, LISA; commend.......................................................................HR 1163
KILGORE, REVEREND DR. JIM AND RUTH; commend ..............................HR 949
KILLIAN, JUDGE WILLIAM R.; commend .....................................................HR 1546
KIMMER, ROBERT; commend...........................................................................HR 1741

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4329

KING, DR. MARTIN LUTHER, JR. Martin Luther King, Jr. Commission; create..........................................................HB 243 Martin Luther King, Jr. State Holiday Commission; create ...................................HB 718
KING, FIREFIGHTER CHAD; commend..........................................................HR 1129
KINNAMAN, MATTHEW RYAN Commend..............................................................................................................HR 1012 Commend..............................................................................................................HR 1395
KINNEY, BILL; commend....................................................................................HR 1895
KIRKLAND, GEORGE M., JR.; commend ........................................................HR 1515
KLEPPE, KYLE LEE; commend.........................................................................HR 1388
KNIGHT, JENNA; 4-H honoree; commend .........................................................HR 1002
KNOWLES, MARY ELIZABETH; commend ...................................................HR 1823
KOHLER, DEBBIE; commend.............................................................................HR 1737
KUHLKE, HONORABLE WILLIAM B. State Board of Transportation; election; Ninth Congressional District............... Page 355
L
LABOR AND INDUSTRIAL RELATIONS Captive insurance companies; workers' compensation contracts; amend provisions ..............................................................................HB 1623 Captive insurance companies; workers' compensation insurance contracts.............................................................................................HB 1076 Contracts; public works; prohibit certain requirement .........................................HB 1009 Employment; crime victims; unpaid leave to attend proceedings..........................HB 508 Employment; discharge because of absenteeism; amend provisions .....................HB 112 Employment security; alternative base period; part-time work benefits..............HB 1433 Employment security; certain persons seeking part-time work .............................HB 591 Employment security; employer contribution rate; suspension of surcharge.......................................................................................................... SB 529 Employment security; exclude services by certain corporate officers .....................HB 16 Employment security; family violence; prohibit disqualification ........................HB 1474
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4330

INDEX

"Health Share" Volunteers in Medicine Act; enact ..............................................HB 1491 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1492 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1521 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1522 Industrial Hygiene Title Protection Act; enact .....................................................HB 1379 Industries for the Blind; manufactured products; purchase by
state employees; exception ..................................................................................HB 256 Inmates; voluntary labor; privately owned profit-making employers..................HB 1173 Minimum wage; certain local mandates; preemption ............................................ SB 495 Minimum wage mandates by local governments; preemption; exceptions .........HB 1258 Motor vehicles; registration; proof of insurance ....................................................HB 610 Nurse Involuntary Mandatory Overtime Act; enact .............................................HB 1772 Peace Officers' Annuity and Benefit; include certain fraud investigators..............HB 715 State-wide Reserve Ratio; employer contribution rate; surcharge .......................HB 1555 Subsequent Injury Trust Fund; dissolution.............................................................HB 570 Subsequent Injury Trust Fund; dissolution provisions.........................................HB 1579 Subsequent Injury Trust Fund Joint Study Committee; create...............................HR 263 Supplemental appropriation; Department of Labor................................................HB 647 Unclaimed property; disposition of unpaid wages; change provisions ..................HB 744 Unclaimed property; disposition; unpaid wages deemed abandoned.....................HB 733 Unemployment benefits; additional ground for disqualification............................HB 731 Unemployment benefits; eligibility; employee leasing companies......................HB 1001 Unemployment benefits; eligibility; military transfer of spouse............................HB 117 Unemployment compensation; eligibility; domestic violence .............................HB 1583 Unlawful discriminatory practices; prohibit...........................................................HB 633 Workers' compensation; certain claimants; appointment of
guardian; settlements .........................................................................................HB 1278 Workers' compensation; certain medical treatment; authorization; denial ............HB 404 Workers' compensation; total and temporary partial disability; benefits ...............HB 429
LACKEY, DENNIS E.; commend ........................................................................HR 1479
LAGRANGE HIGH SCHOOL GRANGERS FOOTBALL TEAM; invite to House........................................................................................HR 1032
LAKE PARK AREA CHAMBER OF COMMERCE AND EXECUTIVE DIRECTOR, RHONDA BARNES; commend ...............HR 1770
LAKELAND, CITY OF Lakeland-Lanier County; unification of existing governments............................HB 1802
LAKES (See Rivers, Lakes, and Harbor Development)

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4331

LAKEVIEW ACADEMY LITERARY TEAM; commend................................HR 1933
LAM, HOPE; commend.........................................................................................HR 1740
LAMAR COUNTY Livestock and agriculture exposition authority; membership ..............................HB 1833
LANCE, CURTIS M. "CURT"; condolences......................................................HR 1552
LAND (See Property)
LANDLORD AND TENANT Disposition of tenant's property; landlord's liability...............................................HB 762 Dispossessory proceedings; answer to summons; payment of filing fee .............HB 1505 Dispossessory proceedings; certain property deemed abandoned........................HB 1378 Security deposits; certain military service; termination of lease............................ SB 560
LANE, JOHN, JR.; commend ...............................................................................HR 1806
LANEY, MATTHEW SCOTT; commend...........................................................HR 1384
LANGDALE, DR. GEORGE W.; condolences ...................................................HR 1356
LANIER COUNTY Lakeland-Lanier County; unification of existing governments; provisions.........HB 1802
LANIER COUNTY ELEMENTARY SCHOOL; commend .............................HR 1389
LANIER, MALLORY LAYNE; commend..........................................................HR 1485
LANIER SHARKS UNDER-10 SELECT SOCCER TEAM; commend ..........HR 1888
LANIER SOCCER ASSOCIATION'S UNDER-14 BOYS TEAM, THE HOTSHOTS; commend.................................................................HR 959
LARKE, DR. CHARLES G.; commend...............................................................HR 1727
LAURENS COUNTY; chief magistrate; compensation .......................................HB 1745
LAVENDER, E. C.; commend ..............................................................................HR 1111
LAVONIA, CITY OF; corporate limits ................................................................HB 1688

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4332

INDEX

LAW ENFORCEMENT OFFICERS AND AGENCIES Assault and battery against county or municipal officers; penalties ....................HB 1219 Assault Weapons Protection Act; enact................................................................HB 1380 Bondsmen relying on accuracy of certain records; immunity................................HB 990 Carrying weapons at school functions or safety zones; exceptions to prohibition ...................................................................................HB 1225 Children of certain officers; tuition-free college; General Assembly provide by law - CA .............................................................................HR 26 Children of deceased POST officers; urge free college tuition................................HR 23 Child welfare agencies; recall notices on unsafe products; provide; certain records checks; amend provisions ...........................................HB 1347 Cigar and cigarette taxes; increase; loose or smokeless tobacco; impose excise tax ..................................................................................HB 379 CLEAR Act of 2003; H.R. 2671; urge Congress enact........................................HR 1323 Controlled substances; forfeiture of property; proceeds; law enforcement museum ..................................................................................HB 1191 Controlled substances; forfeitures; dangerous drug lists; certain first offender status .................................................................................. SB 502 County or consolidated government; police force or sheriff's office; referendum..............................................................................................HB 1090 Criminal Justice Coordinating Council; membership; law enforcement officers; liability insurance for certain temporary service.............. SB 427 Criminal records; national background checks; child care, elder care, disabled care, volunteers with youth.................................................. SB 198 Dentistry; dental coverings; practicing without a license; authorize arrest............HB 430 Drivers' licenses; certain suspension; law enforcement officer's legal representation ................................................................................HB 678 Driving under the influence; chemical testing requests; hospitals receiving state funds ...........................................................................HB 1293 Electronic Recording of Defendant's Statement Act; enact .................................HB 1395 Emergency management agencies; certain employees; indemnification ............... SB 218 Employees' Retirement; certain employees of Motor Vehicle Safety Department; certain benefits.....................................................................HB 491 Employees' Retirement; certain law enforcement personnel; amend provisions ...................................................................................................HB 97 Employees' Retirement; certain law enforcement personnel; benefit formula.....................................................................................................HB 476 Employees' Retirement; certain public safety personnel; enhanced benefit ..........HB 548 Family violence; peace officer training; sexual offense cases .............................HB 1233 Family violence; temporary relief ex parte; police report or notice.....................HB 1269 Fleeing or eluding a police officer; define offenses; penalties.............................HB 1221 Georgia Bureau of Investigation; nomenclature; definitions; usage; violations ................................................................................................HB 1192

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4333

Georgia Peace Officer Standards and Training Council; change membership ...........................................................................................HB 1292
Handguns; license fees; exempt law enforcement officers ....................................HB 499 Home arrest program; qualifications; supervision; pretrial arrestees.....................HB 272 House Study Committee on Law Enforcement Retirement; create........................HR 238 Illegal aliens; certain crimes; immigration laws; enforcement.............................HB 1349 Indemnification; government employed firefighters; rebuttable
presumption .......................................................................................................HB 1297 Indigent Defense Act; enact; circuit public defenders............................................HB 828 Indigent Defense Act of 2003; enact; circuit public defender;
multicounty capital defender ............................................................................... SB 102 Law enforcement and emergency personnel; line-of-duty
disability; certain infections................................................................................. SB 604 Law Enforcement Museum and Hall of Fame; support creation ...........................HR 681 Law enforcement officer disabled in line of duty; retention of
weapon and badge................................................................................................HB 158 Law enforcement officer in unmarked vehicle; identification ...............................HB 350 Law enforcement officer or fire fighter; claims for temporary disability ............HB 1574 Law enforcement officers stopping motorists; prohibit race
considerations ......................................................................................................HB 818 License to carry pistol; law enforcement officer; no fee ........................................HB 870 Licensed physicians volunteering with law enforcement
agencies; immunity from liability........................................................................ SB 408 L.O.C.A. (Leave Our Children Alone) Alert; encourage cellular
and internet participation ...................................................................................HR 1347 Local governments; cross-jurisdictional authority ...............................................HB 1486 Motor vehicle for certain warden; repeal provisions..............................................HB 340 Motor vehicles abandoned on public property; removal by peace officer .............HB 950 Motor vehicles; racial profiling; prohibit .............................................................HB 1327 Motor vehicles; red or blue lights; restrictions; exemptions ................................HB 1287 Offense of fleeing or attempting to elude a police officer; penalties ..................... SB 297 Pardons and paroles; board employees; police powers ........................................HB 1702 Pardons and paroles; notification of decision.........................................................HB 582 Peace Officer and Prosecutor Training Fund; receipts and
appropriations; accounting provisions................................................................... SB 46 Peace Officers' Annuity and Benefit; creditable service for
certain prior service ...........................................................................................HB 1027 Peace Officers' Annuity and Benefit; include certain fraud investigators..............HB 715 Peace officers; investigative training; family violence and sexual offenses .......... SB 426 Peace Officer Standards and Training Council; membership ................................HB 152 Peace officers; training requirements; exempt retired officers from fees ............HB 1216 Personal property in custody of law enforcement agency; disposition ..................HB 484 Public safety; uniform state-wide radio codes and signals; create .......................HB 1088

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Reckless conduct against peace or correctional officer; HIV or hepatitis infected person ..................................................................................HB 711
School attendance officers; authority; certain peace officers; duties .....................HB 395 Schools; student leaving without permission; custody of peace officer...............HB 1480 Sheriffs; change qualifications ...............................................................................HB 612 Sheriffs engaging in certain businesses; violation of oath of office.......................HB 415 Sheriffs; nonpartisan elections.................................................................................. SB 26 Sheriff's services; increase certain fees ..................................................................HB 824 Surcharges for certain public safety employees; remove
certain limitations ................................................................................................HB 547 Surveillance technology on highways; prohibit recorded
images of persons in motor vehicles.................................................................... SB 603 Traffic control device preemption emitters; prohibition ......................................HB 1113 Transportation, Department of; appointment of investigators;
streetcar pilot projects; provisions .....................................................................HB 1156 Vaccination program for emergency responders; contingent
upon bioterrorism funding ................................................................................... SB 333
LAW, WESTLEY WALLACE Urge postal service adopt stamp honoring .............................................................HR 979
LAWRENCE, KAREN; commend .......................................................................HR 1739
LAWSON, HONORABLE JOHN W. Former mayor and commissioner of City of Avondale Estates; commend..........HR 1894
LEDFORD, WILLIAM T. "BILLY"; condolences..............................................HR 956
LEE CONTAINER CORPORATION; commend ..............................................HR 1008
LEE COUNTY; Parks and recreation authority; create.........................................HB 1789
LEE, MELISSA; 4-H honoree; commend ...............................................................HR 997
LEE, VICKI; commend .........................................................................................HR 1328
LEGISLATIVE COUNSEL; communications...................Pages 237, 238, 350, 351, 354
LEGISLATIVE RETIREMENT SYSTEM General Assembly; membership; prior service ...................................................... HB 300
LEVINE, OLIVIA; commend ............................................................................... HR 1083

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4335

LEVITAS, DR. THEODORE; commend............................................................. HR 1554
LEWIS, BESSY; 4-H honoree; commend ............................................................. HR 1048
LEWIS, FRANK R.; commend ............................................................................. HR 2003
LEWIS, JAMAL; invite to House ......................................................................... HR 1123
LEWIS, LAURA SCOTT; condolences ............................................................... HR 2004
LEWIS, LONI; 4-H honoree; commend................................................................ HR 1049
LIABILITY AND LIABILITY INSURANCE Bonds and recognizances; sureties and forfeitures; amend provisions ................ HB 1007 Bondsmen relying on accuracy of certain records; immunity................................ HB 990 Child care facilities; liability insurance coverage......................................................SB 24 Child custody; court appointed custody evaluator; liability................................. HB 1194 Civil actions; fees and costs; assessed against losing plaintiff............................. HB 1256 Civil practice and torts; substantial revision of provisions; health care............... HB 1472 Civil practice, evidentiary matters, and liability in tort actions; comprehensive revision of provisions ............................................................... HB 1712 Common Sense Civil Justice Reform Act; enact.....................................................SB 133 Common-sense Consumption Act; enact ............................................................. HB 1519 Contracts; cigarette dealers and manufacturers; prohibitions ................................ HB 485 Crimes against children; amend provisions; criminal liability............................... HB 197 Crimes and offenses and torts; film piracy; certain immunity ................................SB 439 Crime victims; restitution and distribution; escrow accounts; liability................ HB 1249 Criminal Justice Coordinating Council; membership; law enforcement officers; liability insurance for certain temporary service...............SB 427 Day-care facilities; licensing; liability insurance required ..................................... HB 433 Evidence; expert testimony; standards for admitting ........................................... HB 1398 Evidence; expert testimony; standards for admitting ........................................... HB 1420 Evidence; opinions of certain expert witnesses admissible.................................. HB 1397 Georgia Hospital Insurance Authority; create ...................................................... HB 1028 Guardian ad litem; civil liability; qualified immunity............................................ HB 264 Guardian ad litem; liability for damages; immunity .................................................SB 44 Gun-free zones; certain injuries; liability ................................................................. HB 31 "Health Share" Volunteers in Medicine Act; enact .............................................. HB 1491 "Health Share" Volunteers in Medicine Act; enact .............................................. HB 1492 "Health Share" Volunteers in Medicine Act; enact .............................................. HB 1521 "Health Share" Volunteers in Medicine Act; enact .............................................. HB 1522 Hospital Insurance Authority Act; enact ................................................................ HB 776 Hospitals; nonresident indigent health care; payment; county's liability ............. HB 1443

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INDEX

House Study Committee on Liability Insurance Rates for Hospitals and Physicians; create.......................................................................... HR 819
Immunity; independent contractors; certain hospitals and health care providers.......................................................................................... HB 1534
Income tax credit; rural physicians; medical malpractice insurance premiums ........................................................................................... HB 1401
Karon's Law; enact; repository; donated prescription drugs ................................ HB 1692 Licensed physicians volunteering with law enforcement
agencies; immunity from liability.........................................................................SB 408 Local boards of education; certain benefits; authorize funds................................. HB 328 Malpractice insurance; cancellation or increase in premiums;
agent restrictions ................................................................................................ HB 1596 Malpractice insurance; cancellation or increase in premiums;
agent restrictions ................................................................................................ HB 1806 Medical malpractice civil actions; depositions and discovery;
expert opinions................................................................................................... HB 1399 Medical malpractice insurers; rate filings; certain hearings................................. HB 1402 Motor vehicle insurance; advance payment requirements ................................... HB 1499 Motor vehicle insurance; determination of liability; timely contact .................... HB 1497 Motor vehicle liability insurance; cancellation by member of
armed forces ordered abroad ................................................................................SB 280 Nonprofit hospitals and employees; liability insurance; provisions....................... HB 326 Nuisances; companion animal establishments; provisions................................... HB 1429 Selling and trade practices; certain equipment and materials;
retention of title.................................................................................................... HB 829 Torts; broadcasters engaged in Levi's Call; immunity ............................................SB 400 Torts; certain emergency health care; limited liability......................................... HB 1339 Torts; certain hospital emergency room physicians; liability............................... HB 1396 Torts; certain hospital emergency room physicians; liability............................... HB 1419 Torts; certain hospital emergency room physicians; liability............................... HB 1805 Torts; damages; attorney's fees............................................................................. HB 1340 Torts; damages; collateral sources; definitions and provisions............................ HB 1342 Torts; damages; joint trespassers .......................................................................... HB 1338 Torts; damages; joint trespassers .......................................................................... HB 1421 Torts; federal smallpox vaccination program; hospitals and
employees and health care providers and workers; immunity .............................SB 336 Torts; fees and costs of litigation; recovery............................................................ HB 417 Torts; free health clinics; limit liability ................................................................ HB 1576 Torts; free health clinics; limit liability ................................................................ HB 1674 Torts; free health clinics; limit liability ................................................................ HB 1711 Torts; health care services; noneconomic damages.............................................. HB 1618 Torts; joint trespassers; damages; recovery; amend provisions ........................... HB 1790 Torts; joint trespassers; damages; recovery; amend provisions ........................... HB 1791

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4337

Torts; "Levi's Call: GA's Amber Alert Program"; liability; exempt broadcasters........................................................................................... HB 1075
Torts; limiting liability of free health clinics; provide ......................................... HB 1793 Torts; noneconomic damages; financial limitations............................................. HB 1343 Torts; noneconomic damages; financial limitations............................................. HB 1422 Torts; structured settlement payment rights; court filings;
cancellation rights .................................................................................................SB 174 Torts; voluntary health care providers; limit liability........................................... HB 1204 Utility facilities protection; excavating and blasting; amend provisions ............. HB 1352 Volunteers in health care, dentistry, and medicine; revise provisions ................. HB 1706 Workers' compensation; total and temporary partial disability; benefits ............... HB 429
LIBERTY COUNTY Grant easement ........................................................................................................SR 651 Homestead exemption; base year assessed value ....................................................SB 600 Homestead exemption; base year assessed value ....................................................SB 601 Hospital authority; vacancies...................................................................................SB 493
LIBRARIES AND LIBRARIANS Children's Internet Protection Act; enact; schools, libraries; funding for computers.............................................................................................SB 52 County law libraries; board members; use of collected funds ..................................SB 83 State licensing board; reduce number of members................................................. HB 597
LICENSE PLATES AND REGISTRATION All-terrain vehicles; restrictions, violations, penalties; change certain provisions............................................................................................... HB 1294 Alternative fueled vehicles; hybrid vehicles; designated travel lanes.................... HB 436 Certificate of title; applications; change time period ........................................... HB 1178 Drivers' licenses and training; vehicle insurance lapse fees; truck identification standards; administrative procedure................................... HB 1168 Georgia War Veterans Nursing Home Trust Fund; create; special license plates............................................................................................ HB 911 Georgia War Veterans Nursing Home Trust Fund; create; special plates CA .............................................................................................. HR 614 Human resources; Choose Life adoption support program; special license plates............................................................................................ HB 286 Human resources; Choose Life adoption support program; special license plates............................................................................................ HB 254 Intellectually Disabled Health and Fitness Program Fund; establish; special license plates............................................................................ HB 428 Intellectually disabled health and fitness support program; special plates CA .............................................................................................. HR 225

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4338

INDEX

License plates and special plates; placement on vehicle ........................................ HB 685 License plates; authentic historical plates; redefine ............................................. HB 1242 License plates; disabled veteran; vehicle owned by certain trust........................... HB 611 License plates; free to certain veterans; departmental duties ............................... HB 1447 License plates; state and local government vehicles; permanent plates............... HB 1743 Motor vehicle insurance; issuance, renewal, termination; amend
certain provisions............................................................................................... HB 1509 Motor vehicle license fees and classes; amend definitions ...................................... HB 67 Motor vehicle license fees, classes, restricted plates; amend provisions ............. HB 1087 Motor vehicles; certain proof of insurance; amend provisions ................................ HB 86 Motor vehicles; certain records; subject to Driver's Privacy
Protection Act ...................................................................................................... HB 743 Motor vehicles; certificate of title and driver's license suspension;
amend provisions ..................................................................................................SB 461 Motor vehicles; license fees and classes; change certain definitions ................... HB 1064 Motor vehicles; registration; proof of insurance .................................................... HB 610 Motor vehicles; temporary registrations; extend time............................................ HB 575 Off-road vehicles; registration; amend provisions ................................................. HB 260 Prestige and special license plates; prohibit new types ........................................ HB 1286 Special plates; administrative process; applications............................................... HB 901 Special plates; AIDS Survival Project.................................................................... HB 593 Special plates; AIDS Survival Project - CA......................................................... HR 1151 Special plates; Benevolent and Protective Order of Elks..................................... HB 1577 Special plates; Boy Scouts of America................................................................... HB 205 Special plates; Boy Scouts of America................................................................... HB 280 Special plates; Choose Life, Inc. ............................................................................ HB 630 Special plates; colleges or universities; amend provisions..................................... HB 902 Special plates; community greenspace preservation trust fund - CA..................... HR 587 Special plates for motorcycles; veterans awarded Purple Heart .............................SB 470 Special plates for persons with disabilities; include disabled parent ......................SB 301 Special plates; General Assembly; change certain provisions ............................. HB 1588 Special plates; Georgia Association of Realtors................................................... HB 1383 Special plates; historic preservation ........................................................................SB 407 Special plates honoring Masons; revenue provisions........................................... HB 1041 Special plates; Medal of Honor; surviving spouse retain ..................................... HB 1253 Special plates; organ and tissue donation organizations ...................................... HB 1377 Special plates; organ and tissue donation organizations .........................................SB 542 Special plates; organ and tissue donation organizations - CA ............................. HR 1189 Special plates; professional sports team foundations ..............................................SB 228 Special plates; promote organ and tissue donation organizations - CA ..................SR 802 Special plates promoting charitable organizations; provisions - CA ..................... HR 857 Special plates; purchased by mail; change fee ..................................................... HB 1315

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4339

Special plates; Purple Heart, Bronze Star, Silver Star, or Distinguished Service Cross recipients ................................................................SB 120
Special plates; Purple Heart; motorcycles ............................................................ HB 1307 Special plates; restoration of wild turkey populations ........................................... HB 440 Special plates; retired reservists or National Guard members................................ HB 274 Special plates; revenue dedication; certain nonprofit organizations - CA ........... HR 1322 Special plates; Rotary International; Girl Scouts U.S.A. ..................................... HB 1549 Special plates; "Share the Road" message; motorists and bicyclists.......................SB 283 Special plates; Thanks Mom and Dad Fund........................................................... HB 214 Special plates; United States flag ........................................................................... HB 473 Special plates; veterans of Global War on Terrorism..............................................SB 479 Transporting motor vehicles and mobile homes; dealer license
plates; restrict use................................................................................................... HB 84
LICENSES (Also, see Named License) Adult entertainment; licensing; urge DeKalb County enforce existing laws ........................................................................................................ HR 820 Agriculture; commissioner's orders; administrative review ................................. HB 1147 All-terrain vehicles; restrictions, violations, penalties; change certain provisions............................................................................................... HB 1294 Assisted living facilities; designation; provisions ................................................ HB 1466 Athletic and Entertainment Commission; amend provisions ................................. HB 558 Athletic trainers; licensing; exceptions................................................................. HB 1394 Carrying weapon without a license; exempt certain court clerks......................... HB 1214 Certain deaths; persons in compensated care; notify coroner ................................ HB 357 Certified Professional Midwifery Act; enact........................................................ HB 1550 Child Highway Safety Act; amend provisions ..................................................... HB 1334 Child welfare agencies; recall notices on unsafe products; provide; certain records checks; amend provisions ......................................................... HB 1347 Chiropractors; board of examiners; additional authority...................................... HB 1512 Cigar and cigarette taxes; increase; loose or smokeless tobacco; impose excise tax ................................................................................................. HB 379 Clinical perfusionist; physician's assistants; certain licensures; amend provisions ................................................................................................. HB 617 Construction industry; electrical, mechanical, general, and utility contractors; licensing provisions............................................................. HB 1045 Contact lenses; sale and dispensing; licensed providers .........................................SB 513 Contact lenses; sales or dispensing; comprehensive revision of provisions .......... HB 981 Contact lenses; selling and dispensing; amend provisions................................... HB 1496 Contact lens prescribers; licensing requirements; violations; penalties ............... HB 1261 Cosmetic dental coverings; urge removal of unlicensed providers........................ HR 228 Counties and consolidated governments; private trespass towing; licenses ........ HB 1145
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4340

INDEX

Counties; private trespass towing; licenses .......................................................... HB 1150 Crabs and crabbing; closure of saltwaters; amend provisions.............................. HB 1488 Crimes; payday lending, deferred presentment services, advance
cash services, certain small loans; violations; penalties .......................................SB 157 Day-care; certain pre-kindergarten programs; licensing; exemptions.................... HB 525 Day-care facilities; licensing; liability insurance required ..................................... HB 433 Deferred Presentment Services Act; enact ........................................................... HB 1713 Dentistry; dental coverings; practicing without a license; authorize arrest............ HB 430 Dentists and dental hygienists; additional license fees - CA................................ HR 1169 Dentists and dental hygienists; amend provisions................................................ HB 1141 Driver training schools and driver's education programs; licensing ...................... HB 450 Driver's license application; use of military identification card..............................SB 262 Driver's license number; prohibit using social security number .............................SB 564 Drivers' licenses; acknowledgment of implied consent law................................... HB 816 Drivers' licenses and identification cards; prohibit fingerprinting ......................... HB 490 Drivers' licenses and training; vehicle insurance lapse fees;
truck identification standards; administrative procedure................................... HB 1168 Drivers' licenses; application and information records; amend provisions.......... HB 1560 Drivers' licenses; application; child support; additional forms
of identification.................................................................................................... HB 139 Drivers' licenses, cell phones, seat belts, minors; amend provisions ................... HB 1241 Drivers' licenses; certain out-of-state applicants; on-the-road
driving test not required....................................................................................... HB 616 Drivers' licenses; certain records; furnish to Georgia Bureau
of Investigation .................................................................................................. HB 1687 Drivers' licenses; certain requirement; driver training, schools,
and oversight...................................................................................................... HB 1056 Drivers' licenses; certain students show parents' address ..................................... HB 1114 Drivers' licenses; certain suspension; limited driving permits ............................... HB 169 Drivers' licenses; certain suspension; limited driving permits ............................... HB 185 Drivers' licenses; Class D permit holders; limitations............................................ HB 187 Drivers' licenses; exempt certain persons from driving exam................................ HB 483 Drivers' licenses for minors; certain instructors sign application........................... HB 452 Drivers' licenses; ignition interlock devices; amend provisions ............................ HB 449 Drivers' licenses; include pedestrian safety procedures on exam........................... HB 153 Drivers' licenses; mailing address other than residence ....................................... HB 1333 Drivers' licenses; priority service at centers ......................................................... HB 1015 Drivers' licenses; redefine "resident"; amend alien provisions ................................ HB 12 Drivers' licenses; redefine resident; child support; forms of identification............ HB 126 Drivers' licenses; residency requirements; veteran's license .................................. HB 356 Drivers' licenses; revocation; destruction of surrendered licenses ......................... HB 620 Drivers' licenses; suspension; certain time period................................................ HB 1274 Drivers' licenses; suspension; minors; controlled substance violation................. HB 1023

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INDEX

4341

Drivers' licenses; suspension; nonresidents; prescribed forms............................. HB 1177 Drivers' licenses; young drivers; amend provisions ............................................... HB 124 Early Care and Learning, Department of; create; Georgia Child
Care Council; redesignate and transfer to Title 20 ...............................................SB 456 Economic Development and Public Safety Act; enact........................................... HB 578 Economic Development and Public Safety Act; enact......................................... HB 1483 Education; student attendance requirements; amend provisions.......................... HB 1193 Farmers' markets; license to sell; suspension; prohibition ................................... HB 1186 Financial institutions; amend provisions .................................................................SB 405 Firearms dealers; regulation authority; license provisions; surety bonds ...............SB 528 Game and fish; hunting deer with dogs ................................................................ HB 1289 Game and fish; permits to kill certain deer; authorize.............................................. HB 80 Georgia Massage Therapy Practice Act; enact..................................................... HB 1542 Handguns; fees; exempt law enforcement officers................................................. HB 499 Health; micropigmentation practitioners ................................................................ HB 797 Hunting; alligators and certain other wildlife; amend regulations ......................... HB 814 Hunting; amend provisions; commercial deer hunting preserves .......................... HB 247 Hunting and fishing; honorary licenses; disability certification........................... HB 1608 Hunting and fishing; lifetime honorary licenses; certain military veterans ......... HB 1586 Hunting deer with dogs; permits; amend provisions............................................ HB 1558 Hunting licenses or permits; violations; hunting deer with dogs ............................SB 406 Ignition Interlock Device Providers Act; enact .................................................... HB 1162 Ignition interlock devices; limited driving permits; revocation;
provisions........................................................................................................... HB 1158 License to carry pistol; law enforcement officer; no fee ........................................ HB 870 Lifetime sportsman's licenses; certain nonresidents; provisions .......................... HB 1362 Malt beverages; free tasting; brewery tours; food ................................................ HB 1236 Massage Therapy Licensure Act; enact.................................................................. HB 368 Meat, poultry, seafood; mobile sale vehicles; license expiration......................... HB 1234 Mortgage loan officers; definitions and provisions.............................................. HB 1385 Motor vehicles; certain violations; life imprisonment or death................................ HB 11 Motor vehicles; certificate of title and driver's license suspension;
amend provisions ..................................................................................................SB 461 Motor vehicles; radios and mobile phones; prohibit certain use............................ HB 125 Motor vehicles; temporary registrations; extend time............................................ HB 575 Motor vehicles; traffic offenses; conviction notification ..................................... HB 1159 Motorized cart; redefine; amend provisions......................................................... HB 1063 Municipalities; private trespass towing; license fees ........................................... HB 1643 Off-road vehicles; registration; amend provisions ................................................. HB 260 Overpaid taxes; refunds by counties or municipalities; time to file claim ........... HB 1605 Pharmacies; State Board powers; drug therapy certification ............................... HB 1427 Physicians; temporary postgraduate training permits........................................... HB 1265 Premarital counseling; financial incentive; marriage licenses ............................. HB 1451

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4342

INDEX

Professional counselors; exempt disaster relief services........................................ HB 206 Professsional counselors; foreign born, English speaking;
temporary licenses ............................................................................................... HB 625 Real estate closings; unfair trade practice; licensee conducting
closing; remove provision.................................................................................. HB 1311 Residential and General Contractors, State Licensing Board; create................... HB 1003 Residential Contractors, State Licensing Board; create ......................................... HB 109 Revenue; temporary income tax exemption; database of special
driver's license issuance..................................................................................... HB 1309 Roofing contractors; regulation ............................................................................ HB 1037 Sexual offenses; business license sanctions; massage activities .......................... HB 1097 Soil Scientists Licensing Act of 2004; enact ........................................................ HB 1047 Soil Scientists Licensing Act of 2004; enact; professions and
businesses; amend provisions ...............................................................................SB 449 State licensing boards; reduce number of members ............................................... HB 597 Surgical assistants; licensure; Composite State Board of
Medical Examiners ............................................................................................ HB 1008 Taxes; tobacco products; licensure, definitions, penalties ................................... HB 1282 Uniform rules of the road and drivers' licenses; probation restrictions.................. HB 863 Uniform rules of the road; dangerous driving; duty of passenger........................ HB 1482 Used car dealers; surety bond ................................................................................. HB 585 Utility contractors and systems; definitions; licensing and
certification requirements; safety training ......................................................... HB 1300 Volunteers in health care, dentistry, and medicine; revise provisions ................. HB 1706 Voter registration; application through hunting and fishing
license applications ...............................................................................................SB 541 Wild animal permit; exempt Bengal cat ................................................................. HB 227
LIENS (See Mortgages and Liens)
LIEUTENANT GOVERNOR Communications .........................................................................................Pages 351, 355 General Assembly, Lt. Governor, House Speaker; term limits - CA .....................HR 354 Salaries of certain state officials; 10 percent reduction..........................................HB 222 Temporary reduction in salary.................................................................................. SB 76
LIGHTFOOT, DR. SAMUEL, SR.; condolences................................................HR 1669
LIMOUSINE CARRIERS AND TAXICABS Motor carriers; certain 911 service; vehicles and loads; amend provisions.........HB 1248 Taxicabs; regulation by Department of Motor Vehicle Safety ..............................HB 437
LINH UYEN THI TRAN; commend ....................................................................HR 1495

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4343

LITTER Roadside beautification; public rights of way; provisions .....................................HB 180
LITTLE, FLOYD WAYNE AND BARBARA FOUTS; commend ...................HR 1700
LIVESTOCK Agriculture Commissioner; retention and use of moneys ......................................HB 569 Uniform rules of the road; securing vehicle loads; live animal provisions............HB 460
LOANS Crimes; payday lending, deferred presentment services, advance cash services, certain small loans; violations; penalties........................ SB 157 Education loans; repayment assistance; public interest lawyers ..........................HB 1607 House Study Committee on Lending and Financial Services; create.....................HR 703
LOBBYING AND LOBBYISTS Code of ethics for government service; lobbying, nepotism, gifts, campaign contributions; comprehensive revision of provisions ................ SB 108 Ethics; campaign contribution disclosure reports; transfer filing to State Ethics Commission ....................................................................... SB 144 Ethics in government; amend provisions................................................................HB 771 Ethics in government; comprehensive revisions of provisions .............................. SB 517 Ethics reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments .................................... SB 109 Lobbying practices; state government; prohibit public funds ..................................HB 15 Lobbying; prohibit expenditure of public funds..................................................... SB 446
LOCAL GOVERNMENT (Also, see Counties or Municipalities) Annexation; certain counties; repeal provisions...................................................HB 1321 Annexation; effective date; declaratory judgment provisions..............................HB 1031 Annexation; prohibit without county's consent; apply statewide .........................HB 1211 Annexation; 60 percent method; best interest determination ...............................HB 1032 Annexation; unincorporated islands; objections.....................................................HB 601 Annual audits; service delivery; change certain amounts and definitions .............HB 666 Bail bondsmen; allow service as certain elected officials ....................................HB 1086 Bid opportunities for local governments and boards of education; advertisements.................................................................................... SB 342 Cable television providers; franchising provisions ................................................ SB 445 Cable television systems; underground cable; installation requirement ..............HB 1625 Cemeteries; removal of isolated abandoned burial plots; provisions...................HB 1645 Certain counties; certain limitation on annexation; repeal .....................................HB 906 Clean fuel use; state and local governments; public schools; provisions.............HB 1655 CLEAR Act of 2003; H.R. 2671; urge Congress enact........................................HR 1323

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4344

INDEX

Comprehensive planning and service delivery; amend definition .......................HB 1559 Conform Code references to House and Senate committee names........................HB 846 Contracts; optional bidding preference; local businesses.....................................HB 1834 Contracts; public works; prohibit certain requirement .........................................HB 1009 Counties and municipalities; agencies assisting refugees; certain reports ...........HB 1002 Counties and municipalities; certain building permits; notice
to local boards of education and Department of Transportation .........................HB 432 Counties and municipalities; electronic security systems; fees............................HB 1139 Counties and municipalities; public water and sewage systems;
prohibitions; exceptions.....................................................................................HB 1205 Counties and municipalities; resettlement of refugees; certain reports.................. SB 399 Counties; certain officers; nonpartisan elections..................................................HB 1469 Counties; consolidation; intergovernmental agreement and referendum...............HB 392 Counties; increase maximum to 160 - CA..............................................................HR 349 County employees; service as elected officials; provisions .................................HB 1092 County or consolidated government; police force or sheriff's
office; referendum..............................................................................................HB 1090 Cross-jurisdictional authority; law enforcement officers .....................................HB 1486 Education; local boards; adopt code of ethics ........................................................HB 198 Education property tax relief grants; provisions...................................................HB 1543 Education property tax relief grants; provisions...................................................HB 1544 Elections; qualifying fees; certain county officials ................................................ SB 153 Emergency management agencies; certain employees; indemnification ............... SB 218 Emergency "9-1-1" system; interoperable communications;
wireline and wireless .........................................................................................HB 1518 Emergency '911' systems; joint authorities; intergovernment contracts ..............HB 1746 Emergency safety plans; unified incident command system;
Airport Anti-Terrorism Training Committee....................................................... SB 243 Enterprise zones; pervasive poverty area; job tax credits ....................................HB 1527 Ethics in government; comprehensive revisions of provisions .............................. SB 517 Georgia Municipal Training Act; training of municipal clerks.............................. SB 421 Graffiti; compensation to property owners; establish programs ............................ SB 312 Graffiti; compensation to property owners; use of inmate
labor to remove from private property................................................................. SB 313 Homeowner tax relief grants; alternative uses - CA...............................................HR 258 Homestead exemption; base year assessed value ................................................... SB 601 Homestead option sales tax; referendum; disbursement of proceeds.....................HB 522 Hotel-motel tax; consolidated governments; amend provisions ..........................HB 1524 Hotel-motel tax; continuation; audits; review board; reports...............................HB 1201 Hotel-motel tax; counties and municipalities; amend provisions.........................HB 1525 Hotel-motel tax; create review board; amend certain provisions.........................HB 1404 Hotel-motel tax; create review board; amend certain provisions.........................HB 1415

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4345

House Atlanta-Fulton County Local Government Restructuring Study Committee; create....................................................................................HR 1576
House Local School District Development Impact Fees Study Committee; create......................................................................................HR 558
House Local School District Development Impact Fees Study Committee; create....................................................................................HR 1475
Impact fees; include sewer improvement fees......................................................HB 1231 Income tax; job tax credits; less developed areas; certain
businesses; enterprise zones ................................................................................HB 984 Income tax refunds; setoff debt collection; political subdivisions .......................HB 1506 Incorporation of municipalities; minimum distance; amend provisions ..............HB 1641 Incorporation of municipalities; minimum distance requirements.........................HB 136 Indigent defense; state funds; distribution provisions ..........................................HB 1267 Interlocal agreements; comprehensive regulation; provisions .............................HB 1792 Joint development authorities; county membership in more than
one; prohibit certain tax credit ............................................................................. SB 444 Land use regulations; housing resources ..............................................................HB 1624 License plates; state and local government vehicles; permanent plates...............HB 1743 Local authorities; sale or disposition of real property ..........................................HB 1575 Local code enforcement; repeat violations; amend provisions ..............................HB 714 Local victim assistance programs; funding; additional penalty ...........................HB 1562 Major Airport Operations Act; enact....................................................................HB 1062 Memorialize Congress; constitutional amendment prohibiting
judicially imposed taxes.....................................................................................HR 1424 Minimum wage; certain local mandates; preemption ............................................ SB 495 Motor carriers; certain 911 service; vehicles and loads; amend provisions.........HB 1248 Municipal charter commissions; create ..................................................................HB 151 Municipal charter commissions; create; provisions ................................................. SB 43 Municipal corporations; lease property to nonprofit corporations;
recreation ...........................................................................................................HB 1565 Municipal corporations; minimum distance requirement; repeal.........................HB 1557 Municipalities; lease property to certain nonprofit corporation .............................HB 423 Municipal landfill; distance requirement from residence.......................................HB 496 New counties; procedures for creating; County Formation
Review Commission ............................................................................................HB 658 New municipality; creation; minimum distance; sales tax distribution .................HB 315 Private probation services; local governments; agreements.................................HB 1567 Public-Private Infrastructure Act of 2003; enact.................................................... SB 273 Public roads and transportation projects; design-build procedures........................ SB 553 Public works construction; bidding conditions; certain prohibition....................... SB 599 Redevelopment commissions; local authority of certain
property; jurisdiction retroceded by federal government .................................... SR 858
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4346

INDEX

Redevelopment; tax allocation districts; amend certain provisions .....................HB 1510 Redevelopment; tax allocation districts; amend certain provisions .....................HB 1639 Regional development centers; acquisition of property; lease-purchase .............HB 1563 Regulatory Reform Act of 2003; regulations, laws, statutes; provisions ............... SB 361 Revenue bonds; issuance of obligations; amend provisions ..................................HB 766 Revenue bonds; redefine undertaking; remove certain
referendum requirement.......................................................................................HB 689 Rock quarries; licensing and regulation by local governments..............................HB 895 Sales tax; additional county 1 percent levy; authorization.....................................HB 297 Sales tax exemption; food and beverages; repeal; homeowner's
incentive adjustment trust fund............................................................................HB 258 Sales tax on certain food and beverages; allocate to homeowner's
incentive adjustment - CA ...................................................................................HR 108 School systems; purchasing contracts over $5000; regulations ............................. SB 294 Service delivery; funding; comprehensive provisions .........................................HB 1714 Service delivery strategy; certain franchise fees; offset certain costs ....................HB 262 Smokefree Air Act of 2004; enact .......................................................................... SB 507 Special county 1 percent sales tax; amend provisions............................................HB 572 Special county 1 percent sales tax; annual publication of audit...........................HB 1414 Special county 1 percent sales tax; certain capital outlay projects.........................HB 135 Special county 1 percent sales tax; consolidated governments;
public safety.......................................................................................................HB 1767 Special county 1 percent sales tax; extend time period ........................................HB 1436 Special county 1 percent sales tax; water and sewer projects ..............................HB 1545 Special county 1 percent sales tax; water and sewer projects ..............................HB 1546 Special county 1 percent sales tax; water and sewer projects ..............................HB 1578 Special county 1 percent sales tax; water and sewer projects ..............................HB 1612 Special purpose 1 percent sales tax; proceeds; publish ........................................HB 1758 Special purpose 1 percent sales tax; proceeds; publish uses ................................HB 1513 State and local governments; business transactions; use English
only; exception...................................................................................................HB 1119 State and local governments; tax allocation, redevelopment,
general obligation bonds...................................................................................... SB 514 State and Local Taxation, Financing, and Service Delivery
Revision Act of 2004; enact ................................................................................HB 709 State, local governments, local boards of education; timely
payment of goods and services ............................................................................HB 725 State minimum codes for construction; amend provisions..................................... SB 550 Technology and indigent defense fees and certain fines; authorize .......................HB 240 Timely payments for goods and services; local governments
and boards of education; failing to comply .......................................................HB 1304 Voting precincts; boundaries; gated community or planned
unit development................................................................................................HB 1228

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4347

War on Terrorism Local Assistance Act; enact......................................................HB 595 Waste management; disposal facilities; comply with local ordinances ...............HB 1284 Water utility services; rates and fees ....................................................................HB 1060 Zoning procedures; time when action may not be taken ........................................HB 510
LOCKHEED MARTIN C-130 HERCULES Fiftieth anniversary; declare 2004 "Year of the Hercules"..................................... SR 872
LOFTIN, WILLIAM OWEN; condolences .........................................................HR 1608
LONG COUNTY; probate judge; nonpartisan elections......................................... SB 371
LONG, WILLIAM G. "BILL"; commend ..........................................................HR 2014
LOONEY, REGINALD; commend ......................................................................HR 1591
LORD, HONORABLE JIMMY; committee assignment ..................................... Page 25
LORD LAIRD OF ARTIGARVAN; invite to House............................................HR 987
LOTTERY FOR EDUCATION Bona fide coin operated amusement machines; regulation ....................................HB 891 Georgia Income Tax Lottery Act; enact ...............................................................HB 1425 HOPE scholarships and grants; amend provisions ................................................. SB 471 HOPE scholarships; eligibility; academic performance review...........................HB 1369 HOPE scholarships; eligibility; amend provisions...............................................HB 1325 HOPE scholarships; eligibility; entering freshmen ..............................................HB 1271 HOPE scholarships; eligibility; schools with certain accreditation .....................HB 1011 HOPE scholarships; felony or misdemeanor conviction; ineligibility .................HB 1116 HOPE scholarships; ineligibility; drug-free provisions .......................................HB 1584 HOPE scholarships; loss of eligibility; certain freshmen.....................................HB 1689 HOPE scholarships; private colleges; certain part-time eligibility ........................HB 341 House Lottery Technology Study Committee; create ..........................................HR 1678 Lottery Corporation; legislative oversight committee; conform committee references .........................................................................................HB 1117 Lottery proceeds; authorized uses; remove capital outlay projects - CA.............HR 1170 Lottery proceeds; authorized uses; remove capital outlay projects - CA............... SR 678 Lottery proceeds; compensation to retailers...........................................................HB 934 Lottery proceeds; compensation to retailers...........................................................HB 978 Lottery Technology Joint Study Committee; create............................................... SR 907 Online ticket sales; establish Georgia Peach Account .........................................HB 1272 Tuition equalization grants; part-time students; certain HOPE scholarships ..............................................................................................HB 342

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INDEX

LOVEJOY, CITY OF Proposal for September 2006 Start of Commuter Rail from Lovejoy on the Macon Line to Atlanta; express support...................................HR 1324
LOVEJOY WILDCATS HIGH SCHOOL FOOTBALL TEAM AND COACHES; invite to House .........................................................HR 1064
LOVELACE, ALICE; commend ..........................................................................HR 1948
LOVVORN, MARY E.; commend........................................................................HR 1837
LOWE, LORENA; commend on 100th birthday ..................................................HR 1697
LOWNDES COUNTY Convey property ..................................................................................................... SR 652 Public facilities authority; create ..........................................................................HB 1661
LUMLEY, TONY M., Georgia State Trooper; condolences ................................HR 1016
LUMPKIN COUNTY; homestead exemption; certain residents ..........................HB 1084
LYERLY, CITY OF; homestead exemption; certain residents ............................HB 1705
LYLE, JAMES M. "JIM"; invite to House..........................................................HR 1652
LYNDALL, TERRI M. AND WILLIAM G. CONSIGLIO; commend ............HR 1393

M
M. E. FREEMAN ELEMENTARY SCHOOL; commend.................................HR 1300
MACON BEARS AND CLAYTON EAGLES WHEELCHAIR BASKETBALL TEAMS; invite teams and coaches to House ..........................HR 1627
MACON, CITY OF Board of water commissioners; amend pension plan .............................................HB 987 Community improvement districts; provisions ....................................................HB 1786 Proposal for September 2006 Start of Commuter Rail from Lovejoy on the Macon Line to Atlanta; express support...................................HR 1324
MACON COUNTY Board of elections and registration; create ............................................................. SB 369
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4349

Commissioner districts; reapportion.....................................................................HB 1351 Commissioner districts; reapportion....................................................................... SB 276 Education districts; reapportion............................................................................HB 1350 Education districts; reapportion.............................................................................. SB 275
MADDOX, HONORABLE GEORGE; commend ..............................................HR 1958
MADISON COUNTY Board of education; amend provisions ................................................................... SB 628 Education districts; reapportion.............................................................................. SB 587
MAENPAA, STEPHEN ANDREW Commend..............................................................................................................HR 1860 Eagle Scout; commend .........................................................................................HR 1765
MAGISTRATE COURTS Controlled substances; conditional discharge; expand eligibility ........................HB 1475 County judicial offices; nonpartisan elections; provide by local Act.......................HB 47 Courts; certain clerks; continuing education ..........................................................HB 995 Courts; senior magistrate; create office; provisions .............................................HB 1808 Magistrates and chief magistrate; nonpartisan elections ........................................HB 639 Magistrates Retirement Fund; create......................................................................HB 618 Violation of certain ordinances; increased jail time ...............................................HB 879
MALT BEVERAGES (See Alcoholic Beverages and Alcoholism)
MANSFIELD, CITY OF; commend.....................................................................HR 1254
MARIETTA, CITY OF Cobb County-Marietta Water Authority; amend provisions ..................................HB 687 Homestead exemption; disabled residents............................................................HB 1832
MARIETTA FIRE DEPARTMENT; commend on 150 years of service ...........HR 1045
MARIJUANA Controlled substances; attempt or conspiracy to commit offense; sentence..................................................................................................HB 605 Driving under the influence of marijuana; prohibition; remove exception..........HB 1587 Psychologists; authority to prescribe drugs; create psychopharmacological formulary..................................................................................HB 717 Substance Abuse and Crime Prevention Act; enact ...............................................HB 603
MARION COUNTY; commissioner districts; reapportion...................................HB 1611

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INDEX

MARIST HIGH SCHOOL WAR EAGLES FOOTBALL TEAM; commend .................................................................................................. SR 666
MARKLEY, SHERIFF ROBERT AND MEMBERS OF MORGAN COUNTY SHERIFF'S OFFICE; commend .................................HR 1305
MARRIAGE (Also, see Domestic Relations) Federal marriage amendment; urge Congress pass ..............................................HR 1063 Premarital counseling; financial incentive; marriage licenses .............................HB 1451 Recognition of marriage; prohibit certain unions - CA.......................................... SR 595 Union of a man and a woman - CA ......................................................................HR 1470
MARSHALL, AKSANA; commend .....................................................................HR 1500
MARSHALL, MARIE BELL; commend on 100th birthday ...............................HR 1447
MARSHALL, NICHOLAS M.; commend ...........................................................HR 1507
MARSHLANDS (See Coastal Marshlands)
MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) Airports receiving state financial assistance; certain repayment............................HB 886 Certain Board members; voting power...................................................................HB 745 Eligibility to use certain funds; repeal prohibition ...............................................HB 1317 Joint MARTA Finance Study Committee; create...................................................HR 147 Mass transportation service; increase limit of state funds......................................HB 263 Public roads; allocation of state and federal funds; remove MARTA provisions ............................................................................................. SB 127 Public transit; buses, rapid rail cars, stations; allow bottled water.........................HB 778 Public transportation; certain offenses; local jurisdiction ....................................HB 1690
MARTIN, HONORABLE CHUCK; committee assignment ............................... Page 28
MARTIN, JESSE ADAM; commend ...................................................................HR 1437
MARTIN, KNOX; commend.................................................................................HR 1006
MARTORELL, GAY; commend ..........................................................................HR 1598
MASIH, ALMA JEAN; commend ........................................................................HR 1979
MASON, MICHAEL VAUGHN; commend ........................................................HR 1712

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4351

MASON, MYRA GEORGE; commend ...............................................................HR 1757
MASS TRANSPORTATION Airports receiving state financial assistance; certain repayment............................HB 886 Alternative fueled vehicles; hybrid vehicles; designated travel lanes....................HB 436 Community Streetcar Development and Revitalization Act; enact........................ SB 516 Highways; transportation facilities; bicycles and passenger trains ......................HB 1465 Joint MARTA Finance Study Committee; create...................................................HR 147 MARTA; certain Board members; voting power ...................................................HB 745 MARTA; eligible to use certain funds; repeal prohibition...................................HB 1317 Mass transportation service; increase limit of state funds......................................HB 263 Proposal for September 2006 Start of Commuter Rail from Lovejoy on the Macon Line to Atlanta; express support...................................HR 1324 Public-Private Infrastructure Act of 2003; enact.................................................... SB 273 Public transit; buses, rapid rail cars, stations; allow bottled water.........................HB 778 Public transportation; certain offenses; local jurisdiction ....................................HB 1690 Public transportation; corporation or authority; General Assembly create - CA ..........................................................................................HR 818 Transportation, Department of; appointment of investigators; streetcar pilot projects; provisions .....................................................................HB 1156 Weapons; unauthorized possession; affirmative defense .......................................HB 193
MASSAGE Massage Therapy Licensure Act; enact..................................................................HB 368 Massage Therapy Practice Act; enact...................................................................HB 1542 Massage Therapy Practice Act; enact..................................................................... SB 551 Sexual offenses; business license sanctions; massage activities ..........................HB 1097
MASSEY, MS. JESSE LEE; commend................................................................HR 1974
MAX LOCKWOOD MEMORIAL CORRIDOR; designate............................... SR 843
MAX R. DAVEY BRIDGE; designate .................................................................HR 1454
MAXWELL HIGH SCHOOL OF TECHNOLOGY; commend.......................HR 1464
MAYNARD, MELISSA; commend ......................................................................HR 1831
MAYO, JANE; commend .....................................................................................HR 1934
MAYOR GEORGE MERRON PETERS MEMORIAL HIGHWAY; designate ..........................................................................................HR 940

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INDEX

MCBRAYER, FRANCES WHEELER; condolences ...........................................HR 955
MCCAIN, SUSAN; commend ...............................................................................HR 1824
MCCALL, BURROUGHS BUCHANAN; condolences .....................................HR 1605
MCCLAIN, JAMES F., JR.; commend................................................................HR 1883
MCCOY, HANNAH; 4-H honoree; commend......................................................HR 1050
MCCULLER, MALIK STEPHEN; commend ....................................................HR 1718
MCCURDY, WALTER, JR.; condolences ..........................................................HR 1782
MCDONALD, CHRIS; 4-H honoree; commend ..................................................HR 1090
MCGEE, BARRY; commend................................................................................HR 1492
MCINTOSH COUNTY; education districts; reapportion.......................................HB 949
MCKENNIE, HORACE; condolences .................................................................HR 1165
MCKINNON, JEB STEWART; commend..........................................................HR 1435
MCLAUGHLIN, JOHN; commend......................................................................HR 1862
MCNABB, UNITED STATES NAVY CAPTAIN JERRY E.; commend.........HR 1276
MCNAMARA, CORRY; commend......................................................................HR 1294
MCRAE, DR. PEGGY; commend ........................................................................HR 1778
MEADOWS, LORI; commend .............................................................................HR 2017
MEADOWVIEW ELEMENTARY SCHOOL Commend; invite principal and school board officers to House ............................HR 557
MEDICAL ASSISTANCE AND MEDICAID Medicaid; medications for certain disorders; prohibit restricting ........................HB 1500 Medicaid; medications for certain illnesses; prohibit restricting .........................HB 1473 Nursing homes; influenza and pneumococcal vaccinations; offer to patients annually ...................................................................................HB 1709 State excise tax on tobacco products; fund state Medicaid program - CA.............HR 229

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4353

MEDICAL CONSENT Abortion; Woman's Right to Know Act; enact......................................................... SB 23 Senate Bill 23; urge consideration by House..........................................................HR 722 Surgical or medical treatment; mental patients; representative give consent .........................................................................................................HB 700
MEEKS, CLAYTON; 4-H honoree; commend ....................................................HR 1004
MEHAFFEY, JAMES R.; commend....................................................................HR 1867
MEMORIALIZE CONGRESS Constitutional amendment prohibiting judicially imposed taxes .........................HR 1424
MEN'S HEALTH, COMMISSION ON Health, education, and social services; certain boards and councils; amend provisions................................................................................HB 1266 Presiding officer; term ..............................................................................................HB 45
MENTAL HEALTH Assisted living facilities; Levels I and II; provisions ...........................................HB 1033 Certain deaths; persons in compensated care; notify coroner ................................HB 357 Community Service Board Overview Commission; create..................................HB 1129 Community service boards; full-time employment of retirees; prohibit; exception .............................................................................................HB 1128 Community service boards; retirees; prohibit re-employment; exception ...........HB 1568 Day-care; certain pre-kindergarten programs; licensing; exemptions....................HB 525 Health maintenance organizations; mental disorders; pointof-service options.................................................................................................HB 145 Indigent Defense Act of 2003; enact; circuit public defender; multicounty capital defender ............................................................................... SB 102 Intellectually Disabled Health and Fitness Program Fund; establish; special license plates............................................................................HB 428 Intellectually disabled health and fitness support program; special plates - CA ...............................................................................................HR 225 Long-term care facilities; redefine abuse .............................................................HB 1381 Medicaid; medications for certain disorders; prohibit restricting ........................HB 1500 Medicaid; medications for certain illnesses; prohibit restricting .........................HB 1473 Mental illness and suicide in youth; urge screening of children and adolescents ....................................................................................................HR 563 Mentally retarded; habilitation; designated representatives; guardian ad litem .................................................................................................HB 931 Psychologists; authority to prescribe drugs; create psychopharmacological formulary..................................................................................HB 717

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4354

INDEX

State employees' health insurance; certain community service retirees.................HB 594 Surgical or medical treatment; mental patients; representative
give consent .........................................................................................................HB 700
MENTALLY RETARDED Assisted living facilities; designation; provisions ................................................HB 1466 Assisted living facilities; Levels I and II; provisions ...........................................HB 1033 Habilitation; designated representatives; guardian ad litem...................................HB 931 Intellectually disabled health and fitness support program; special plates - CA ...............................................................................................HR 225 Postmajority child support; certain disabilities; provisions..................................HB 1835 Psychologists; authority to prescribe drugs; create psychopharmacological formulary..................................................................................HB 717 Surgical or medical treatment; mental patients; representative give consent .........................................................................................................HB 700 Workers' compensation; certain claimants; appointment of guardian; settlements .........................................................................................HB 1278
MERIT SYSTEM (Also, see State Employees or State Government) Deferred compensation; special pay plan; terminal leave ....................................HB 1536 Fraud, waste, abuse in state operations; whistle blower; prohibit retaliation................................................................................................HB 708 State employees; certain office holders; use of annual and personal leave............HB 348
MERIWETHER COUNTY Convey property ..................................................................................................... SR 652 Grant easement ....................................................................................................... SR 651
METH WATCH PROGRAM; commend states that have enacted......................HR 1897
METROPOLITAN ATLANTA AREA CRIMINAL GANG POLICY AND REVIEW COMMITTEE; urge creation ....................HR 1569
METROPOLITAN NORTH GEORGIA WATER PLANNING DISTRICT; meetings and dues....................................................... SB 459
METTER, CITY OF Mayor and city manager; powers and duties ........................................................HB 1828
MICHAEL B. MUNDY MEMORIAL BRIDGE Designate ................................................................................................................ SR 299 Designate ................................................................................................................ SR 787

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4355

MIDDLE GEORGIA DRUG TASK FORCE; commend...................................HR 1109
MIDWAY CHURCH AND SOCIETY AND CONGREGATION Commend on 250th anniversary............................................................................. SR 984
MILFORD, JON DAVID, SR.; condolences........................................................HR 1610
MILFORD, WILLIAM CAREY; condolences ...................................................HR 1611
MILITARY AFFAIRS Ad valorem tax; appeal procedures; certain military personnel...........................HB 1553 Ad valorem tax; appeal procedures; military service ...........................................HB 1710 Ad valorem tax; time extension for certain members of armed forces; homestead exemption applications ............................................... SB 393 Certain military service; termination of lease; security deposits............................ SB 560 Defense appropriations legislation; urge Congress enact before other spending bills...................................................................................HR 989 Driver's license; application; use of military identification card............................ SB 262 Georgia Military Pension Fund; certain prior service; certain call to active duty .....................................................................................HB 464 Health insurance; state employees no longer covered by federal insurance plan .......................................................................................... SB 282 Income tax credits; less developed areas; certain business enterprises; military bases...................................................................................... SB 11 Income tax; exempt active duty military income ...................................................HB 118 Income tax; exempt military income ..........................................................................HB 9 Income tax; exempt military income ....................................................................HB 1460 Income tax; military income exclusion; amend provisions..................................HB 1226 Missile defense system; declare support ................................................................ SR 232 Monuments honoring military personnel; protection ...........................................HB 1654 Motor vehicle insurance; termination; exception; certain military personnel ................................................................................................HB 171 Motor vehicle liability insurance; cancellation by member of armed forces ordered abroad ........................................................................... SB 280 National Guard; officers; compensation; arrest powers ......................................... SB 496 Privately owned military monuments; defacement; penalties................................ SB 588 Sales tax exemption; wax and dies used by military ............................................HB 1105 Special U.S. flag license plate fees; certain education trust fund - CA..................HR 322 State flag; prohibit certain symbols; exception ......................................................HB 899 State income tax; exempt military income ...........................................................HB 1296 Taxable net income; exclude certain military pay..................................................HB 100 Taxable net income; exclude certain military pay..................................................HB 310 Unemployment benefits; eligibility; military transfer of spouse............................HB 117

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4356

INDEX

MILK AND MILK PRODUCTS Standards and requirements; amend certain provisions ......................................... SB 401
MILLER COUNTY Pataula Judicial Circuit; change certain terms of court ........................................HB 1373
MILLER, ROBERT JASON; commend ..............................................................HR 1542
MILLICAN, KIMELAN Commend..............................................................................................................HR 1026 Invite to House......................................................................................................HR 1683
MILLS, DAISY; commend....................................................................................HR 1671
MILLS, HELENE S.; commend ...........................................................................HR 1902
MILTON HIGH SCHOOL BOYS TENNIS TEAM Invite team and coach to House............................................................................HR 1443
MINERAL RESOURCES AND CAVES Rock quarries; licensing and regulation by local governments..............................HB 895
MINORS Aaron Cohn Regional Youth Detention Center; designate ..................................HR 1530 Abortion; identification requirements ..................................................................HB 1597 Abortion; parental notification ...............................................................................HB 574 Abortion; parental notification; requirements ........................................................ SB 240 Academic Placement and Promotion Policy; amend certain provisions ..............HB 1614 Adoption and child custody proceedings; 90-day time limit for court decision.....................................................................................................HB 1631 Adoptions and child-placing agencies; records access; birth records; practices and procedures.......................................................................... SB 55 Adoptions; name change of office; amend provisions ...........................................HB 176 Adult entertainment; licensing; urge DeKalb County enforce existing laws ........................................................................................................HR 820 All-terrain vehicles; restrictions, violations, penalties; change certain provisions...............................................................................................HB 1294 American Heritage in Education Act; documents to be posted in public school buildings.................................................................................... SB 394 Charter schools; amend provisions......................................................................... SB 216 Child abuse, sexual abuse, or exploitation; failure to report; define offense.....................................................................................................HB 1551 Child care facilities; liability insurance coverage..................................................... SB 24

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INDEX

4357

Child endangerment; define various offenses; penalties ........................................ SB 467 Child Highway Safety Act; amend provisions .....................................................HB 1334 Child placement; adoption petition; time limit requirement ................................HB 1322 Child protective services workers; definition; provisions ....................................HB 1554 Children and youth; day-care employees; require first aid
and CPR training..................................................................................................HB 977 Children in protective custody; cost of care; reimbursement .................................HB 489 Children; prohibit sale or offer for sale of child..................................................... SB 281 Children's Internet Protection Act; enact; schools, libraries;
funding for computers............................................................................................ SB 52 Children's Vision Improvement and Learning Readiness Act
of 2004; enact.....................................................................................................HB 1361 Child support; guidelines; basic obligation amounts............................................HB 1452 Child welfare agencies; recall notices on unsafe products;
provide; certain records checks; amend provisions ...........................................HB 1347 Cigarettes and tobacco products; prohibit possession by
minors; exceptions ...............................................................................................HB 653 Cigarettes and tobacco products; sales to minors; amend provisions ....................HB 894 College students; vaccination against meningococcal meningitis.......................... SB 266 Computer pornography and child exploitation prevention;
unlawful acts; penalties.......................................................................................... SB 51 Computer pornography and child sexual exploitation; increase penalties ............. SB 124 Cosmetology; persons authorized to study; lower age from 17 to 16 ..................HB 1024 Crimes against children; negligence, cruelty, methamphetamines,
serious injury, sexual abuse ...............................................................................HB 1108 Crimes against minors; criminal negligence, cruelty, serious
injury; redefine...................................................................................................HB 1057 Crimes against minors; criminal negligence, cruelty, serious
injury; redefine...................................................................................................HB 1329 Crimes; Child Protection Registry; create ............................................................HB 1809 Crimes; opening certain accounts using minor's social security
number; define offense ......................................................................................HB 1285 Criminal records; national background checks; child care,
elder care, disabled care, volunteers with youth.................................................. SB 198 Cruelty to children; endangering a child in the second degree;
criminal negligence.................................................................................................. SB 1 Cruelty to children; methamphetamine; unlawful activities ................................HB 1135 Cruelty to children; second degree; nonmerger provision ...................................HB 1229 Defense of Scouting Act; enact ................................................................................HB 37 Deprived child; temporary legal custody; provisions...............................................HB 41 Divorce; grounds; time limits; effect on children; class for parents ...................... SB 298 Driver education for minors; income tax credit......................................................HB 813 Driver education fund; create; General Assembly provide by law - CA ...............HR 699

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4358

INDEX

Driver education; local boards offer as elective; funding ......................................HB 281 Driver education; requirements; provisions ...........................................................HB 953 Driver training schools and driver's education programs; licensing ......................HB 450 Drivers' licenses, cell phones, seat belts, minors; amend provisions ...................HB 1241 Drivers' licenses; certain students show parents' address .....................................HB 1114 Drivers' licenses; certain suspension; limited driving permits ...............................HB 185 Drivers' licenses; Class D permit holders; limitations............................................HB 187 Drivers' licenses; exempt certain persons from driving exam................................HB 483 Drivers' licenses for minors; certain instructors sign application...........................HB 452 Drivers' licenses; suspension; minors; controlled substance violation.................HB 1023 Driving under the influence of alcohol or drugs; refusal to submit
to chemical testing; create offense......................................................................... SB 13 Early Care and Learning, Department of; create; Georgia Child
Care Council; redesignate and transfer to Title 20 .............................................. SB 456 Education accountability; comprehensive revision of provisions ..........................HB 515 Education accountability; comprehensive revision of provisions;
Office of Student Achievement ........................................................................... SB 248 Education; bullying by students; amend provisions.............................................HB 1125 Education flexibility and accountability; comprehensive
revision of provisions...........................................................................................HB 516 Education; kindergarten attendance requirement .................................................HB 1677 Education laws; amend provisions .......................................................................HB 1190 Education; mandatory attendance; change age to 17 .............................................HB 179 Education officials; recommending certain products to students;
prohibit compensation .........................................................................................HB 478 Education; student attendance requirements; amend provisions..........................HB 1193 Education; students committing certain acts of physical
violence; disciplinary tribunal ...............................................................................HB 34 Education; students under age 16; prohibit permanent expulsion..........................HB 962 Elections; campaign activities; prohibit on certain grounds.....................................HB 49 Electronic monitoring devices; condition of probation;
unlawful interference ........................................................................................... SB 469 Employment; written permission of parent or guardian...........................................HB 13 Endangering child through manufacture of methamphetamine;
define offense.....................................................................................................HB 1131 Female genital mutilation; define offense .............................................................. SB 418 Feticide; redefine; manslaughter, assault, battery; define unborn child...............HB 1458 Foster Parents Bill of Rights; enact ......................................................................HB 1580 Furnishing alcoholic beverages to persons under 21 without
seeing proper identification; rebuttable presumption ..........................................HB 716 Health; advisory committee on hearing in newborn infants; continuation.............HB 760 Health; advisory committee on hearing in newborn infants; continuation...........HB 1581 Health; advisory committee on hearing in newborn infants; continuation...........HB 1627

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INDEX

4359

Health; advisory committee on hearing in newborn infants; continuation...........HB 1679 Home school students; eligibility; extracurricular programs in
public schools ...................................................................................................... SB 210 Home study programs; qualifications of tutors ....................................................HB 1428 HOPE scholarships; felony or misdemeanor conviction; ineligibility .................HB 1116 HOPE scholarships; ineligibility; drug-free provisions .......................................HB 1584 HOPE scholarships; loss of eligibility; certain freshmen.....................................HB 1689 House Study Committee on Adapted Athletics; create ..........................................HR 743 House Study Committee on Adult and Childhood Obesity
and Prevention; create........................................................................................HR 1580 House Study Committee on Children's Protective Services; create .....................HR 1686 Interscholastic or intramural extracurricular athletic policy; provisions..............HB 1626 Interstate Compact for Juveniles; enact..................................................................HB 955 Joint Study Committee on Adult and Childhood Obesity
and Prevention; create........................................................................................HR 1536 Jury duty; exempt certain caregivers and home school teachers..........................HB 1227 Jury duty; exemptions; certain caregivers and elderly .........................................HB 1273 Juvenile court judges; compensation from state funds; adjustment .......................HB 502 Juvenile court; jurisdiction; change age ...............................................................HB 1418 Juvenile court; jurisdiction; minors under age 17 ................................................HB 1490 Juvenile court; jurisdiction; temporary child support for deprived child ...............HB 655 Juvenile court; jurisdiction; temporary child support order ...................................HB 273 Juvenile justice reform; training programs; pretrial
proceedings; indictment.....................................................................................HB 1299 Juvenile proceedings; certain conviction; termination of parental rights.............HB 1632 Juvenile proceedings; court supervision fees; amend provisions.........................HB 1485 Juvenile proceedings; deprived children; amend provisions.................................. SB 148 Juvenile proceedings; discovery and inspection; regulate......................................HB 172 Juvenile proceedings; disposition and evidence against child
in civil action ......................................................................................................... SB 48 Juvenile proceedings; redefine "child" ...................................................................HB 905 Juvenile proceedings; sibling group placement and visitation;
amend provisions ...............................................................................................HB 1025 Juvenile proceedings; youthful offenders; amend provisions ................................HB 670 Juvenile traffic offenses; jurisdiction; remove from juvenile court .......................HB 740 Keeping a place of prostitution; penalties ................................................................ SB 77 L.O.C.A. (Leave Our Children Alone) Alert; encourage
cellular and internet participation ......................................................................HR 1347 Local boards of education; child abuse, neglect, and abduction;
develop prevention program ..............................................................................HB 1723 Mental illness and suicide in youth; urge screening of children
and adolescents ....................................................................................................HR 563 Motor vehicles; safety restraints for children; change provisions..........................HB 966

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4360

INDEX

Open meetings; exemption; local boards of education; discipline issues ............HB 1742 Open records; certain exemption; redact identifying information .........................HB 331 Parental Leave Act; enact .....................................................................................HB 1058 Persons supervising children; criminal background checks;
National Crime Information Center.....................................................................HB 316 Petition to change name; confidentiality; amend certain provisions....................HB 1099 Postmajority child support; certain disabilities; provisions..................................HB 1835 Protection of Children Act of 2004; enact............................................................HB 1298 Public records disclosure; minors; redact identifying information ......................HB 1358 Quiet reflection in schools; clarification; silent prayer or meditation....................HB 963 Safe Kids Act; enact; develop curriculum............................................................HB 1448 Sales tax exemption; nonprofit organizations providing child services...............HB 1744 Schools; compulsory attendance; disciplinary actions; codes
of conduct; drivers' licenses................................................................................. SB 428 Schools; grades K-8; urge 30 minutes physical activity daily ...............................HR 968 Schools; health education and physical activity; urge funding ............................HR 1096 Schools; local boards; adopt truancy policy ...........................................................HB 900 Schools; prohibit certain sales of soft drinks........................................................HB 1124 Schools; promote health education and physical activity....................................... SR 578 Schools; student leaving without permission; custody of peace officer...............HB 1480 Seat belts; child restraints; change age ...................................................................HB 217 Secure and Verifiable Identity Document Act; enact...........................................HB 1336 Sexual offender registry; first offenders; change registration requirements ........HB 1093 Sexual offenders; probation or parole; register prior to release .............................HB 577 Smoking in motor vehicle with child in car seat; define offense .........................HB 1138 Speech-language pathologists and audiologists; advisory
committee on hearing in newborns....................................................................HB 1701 Street gangs; prohibited activity; punishment provisions ......................................HB 381 Student improvement; waiver of certain provisions; exceptions .........................HB 1535 Textbooks of excessive weight; provisions to protect
students from injury .............................................................................................HB 412 Torts; broadcasters engaged in Levi's Call; immunity ........................................... SB 400 Torts; "Levi's Call: GA's Amber Alert Program"; liability;
exempt broadcasters...........................................................................................HB 1075 Trials; young victims of certain crimes; closed circuit
television for questioning ....................................................................................HB 400 Truancy Enforcement Act; school attendance; driver's
license; employment ............................................................................................ SB 392 Uniform rules of the road; dangerous driving; duty of passenger........................HB 1482 Uniform rules of the road; leaving child unattended in car; penalty....................HB 1035 Virtual charter schools; provisions ......................................................................... SB 203 Vital records; birth certificate in legitimations, paternity orders,
and adoptions ....................................................................................................... SB 263

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4361

Weapons; school discipline policies; petition juvenile courts..............................HB 1388 Workers' compensation; certain claimants; appointment of
guardian; settlements .........................................................................................HB 1278
MISSILE DEFENSE SYSTEM; declare support................................................... SR 232
MITCHELL, DARRION; invite to House ...........................................................HR 1120
MITCHELL, TOWN OF; new charter .................................................................HB 1818
MITCHELL, WILLA; commend .........................................................................HR 1418
MIZE, SUZANNE; commend ...............................................................................HR 1594
MOBILE HOMES Buildings and housing; plumbing fixtures; water flow ........................................HB 1467 Transporting; dealer license plates; restrict use........................................................HB 84 Uniform Standards Code for Manufactured Homes Act; enact ...........................HB 1174
MOBILE TELEPHONES Advisory referendum; using hand-held mobile phone while driving vehicle; prohibit ......................................................................................HB 908 Drivers' licenses, cell phones, seat belts, minors; amend provisions ...................HB 1241 Emergency "9-1-1" system; interoperable communications; wireline and wireless .........................................................................................HB 1518 Emergency '911' systems; joint authorities; intergovernment contracts ..............HB 1746 Income tax credit; qualified broadband equipment ................................................HB 961 Income tax credits; certain counties; wireless telecommunications carrier .........HB 1515 Income tax credits; certain counties; wireless telecommunications carrier .........HB 1516 L.O.C.A. (Leave Our Children Alone) Alert; encourage cellular and internet participation ......................................................................HR 1347 Motor vehicles; radios and mobile phones; prohibit certain use............................HB 125 Public service corporations or utilities; increase certain fees...............................HB 1354 Telecommunications companies; process for disputing charges; disclosure.............................................................................................HB 1149 Uniform rules of the road; mobile telephones; certain prohibition ..........................HB 83
MOBLEY, HONORABLE BARBARA J.; commend.........................................HR 1962
MODENA, JERRY, BIBB COUNTY SHERIFF, AND HIS OFFICERS; commend ................................................................................HR 1102
MOORE, CAPTAIN THOMAS L. IV; condolences ..........................................HR 1966

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4362

INDEX

MOORE, CLAYTON THOMAS; condolences...................................................HR 1352
MORGAN COUNTY; board of education; compensation....................................HB 1217
MORTGAGES AND LIENS Abandoned motor vehicles; removal or storage fees; liens; collection.................. SB 404 Fair Lending Act; amend provisions ......................................................................HB 142 Fair Lending Act; points and fees; exclude funding fees for USDVA loans.................................................................................................HB 146 Fair Lending Act; repeal.........................................................................................HB 170 Fair lending practices; amend provisions .............................................................HB 1171 Fair lending; redefine points and fees; exclude certain fees.....................................HB 82 Intangible tax; payment; recording of instruments.................................................HB 513 Intangible tax; property in more than one county; prorated payment ..................HB 1665 Liens of hospitals and nursing homes; physician practice; cause of action liens.....................................................................................................HB 1303 Liens; treatment, board, or care of animals; change provisions .............................HB 941 Mortgage lenders and brokers; remove Code references to registered public accountants............................................................................... SB 449 Mortgage lenders and brokers; requirements for regulation .................................. SB 405 Mortgage loan officers; definitions and provisions..............................................HB 1385 Motor vehicles; security interests or liens; failure to cancel ................................HB 1812 Nuisance abatement liens and tax liens; collection; tax sales; certain foreclosures .............................................................................................. SB 182 Professions and businesses; amend certain provisions........................................... SB 449 Revenue laws; erroneous tax lien; correction provisions .........................................HB 58 Self-service storage; redefine personal property; disposition of unclaimed property.......................................................................................... SB 403 Tax executions; prohibit sale ..................................................................................HB 306 Vehicles and loads; excess weight; penalties .........................................................HB 636
MOSLEY, HONORABLE HINSON; committee assignment.............................. Page 34
MOSLEY, MATT; Eagle Scout; commend...........................................................HR 1877
MOTION PICTURES (See Films, Motion Pictures, and Movies)
MOTOR CARRIERS Certain 911 service; vehicles and loads; amend provisions .................................HB 1248 House Study Committee on Truck and Highway Safety; create..........................HR 1643 House Study Committee on Truck and Highway Safety; create..........................HR 1679 House Study Committee on Truck Safety on the Highways; create ....................HR 1630 Joint Study Committee on Truck and Highway Safety; create ............................HR 1125

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4363

Joint Study Committee on Truck and Highway Safety; create .............................. SR 669 Joint Study Committee on Truck Safety on the Highways; create.......................HR 1629 Motor vehicles; identification rules; comply with federal provisions..................HB 1243 Theft; certain offenses involving commercial vehicles; penalties; fines..............HB 1456
MOTOR FUEL AND ROAD TAX (Also, see Gas, Gasoline, and Gas Service or Motor Vehicles and Traffic) Amend certain definitions ....................................................................................HB 1078 Amend definitions ....................................................................................................HB 71 Education funding; repeal ad valorem tax; impose excise tax on motor fuel - CA.................................................................................................HR 43 Motor fuel tax and sales tax; dealers and distributors; amend certain provisions...............................................................................................HB 1413 Sales and motor fuel taxes; dealers and distributors; amend provisions ..............HB 1459 Sales tax; temporary change in rate........................................................................HB 541 Sales tax; temporary rate change ............................................................................HB 520 State Public Transportation Fund; priority of expenditures and allocation of funds .............................................................................................HB 1295
MOTOR VEHICLE ACCIDENT INSURANCE Advance payment requirements ...........................................................................HB 1499 Certain payments; notification to lienholder ..........................................................HB 421 Certain proof of insurance; amend provisions..........................................................HB 86 Determination of liability; timely contact ............................................................HB 1497 Issuance, renewal, termination; amend certain provisions...................................HB 1509 Liability insurance; cancellation by member of armed.forces ordered abroad ..................................................................................................... SB 280 Mile-based premiums .............................................................................................HB 201 Motor vehicles; registration; proof of insurance ....................................................HB 610 Surcharges for certain public safety employees; remove certain limitations ................................................................................................HB 547 Termination; exception; certain military personnel................................................HB 171
MOTOR VEHICLES AND TRAFFIC Abandoned motor vehicles; removal or storage fees; liens; collection.................. SB 404 Ad valorem tax; motor vehicles; exempt Medal of Honor recipients ..................HB 1656 Ad valorem tax; motor vehicles; exempt veterans organizations...........................HB 626 Ad valorem tax; motor vehicles; return in county where functionally located..............................................................................................HB 834 Advisory referendum; using hand-held mobile phone while driving vehicle; prohibit ......................................................................................HB 908 All-terrain vehicles; restrictions, violations, penalties; change certain provisions...............................................................................................HB 1294

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4364

INDEX

Alternative fueled vehicles; hybrid vehicles; designated travel lanes....................HB 436 Arson in the first, second, and third degree; define offenses ................................. SB 184 Bail; driving under influence; amend release provisions .....................................HB 1166 Beer; single container sales; prohibit where motor fuel is sold..............................HB 110 Certificate of title; applications; change time period ...........................................HB 1178 Child Highway Safety Act; amend provisions .....................................................HB 1334 Child passenger restraining systems; amend provisions ........................................HB 371 Clean fuel use; state and local governments; public schools; provisions.............HB 1655 Commercial Code and motor vehicles; certain transactions
between dealer and owner ...................................................................................HB 221 Commercial Code; used motor vehicle dealers; certain warranties .....................HB 1423 Commercial driveways; permits; certain school bus loading areas........................HB 763 Conform Code references to House and Senate committee names........................HB 846 Controlled substances; conditional discharge; expand eligibility ........................HB 1475 Counties and consolidated governments; private trespass towing; licenses ........HB 1145 Counties; private trespass towing; licenses ..........................................................HB 1150 Department of Probation and Parole Community Based
Supervision; create.............................................................................................HB 1154 Disabled persons; identification cards and parking; include
persons age 85 or above.......................................................................................HB 793 Disabled persons; redefine; temporary parking permits.......................................HB 1176 Division of probation and parole community based supervision; create .............HB 1163 Driver education for minors; income tax credit......................................................HB 813 Driver education fund; create; General Assembly provide by law - CA ...............HR 699 Driver education; requirements; provisions ...........................................................HB 953 Driver's license application; use of military identification card............................. SB 262 Driver's license number; prohibit using social security number ............................ SB 564 Drivers' licenses; acknowledgment of implied consent law...................................HB 816 Drivers' licenses and identification cards; prohibit fingerprinting .........................HB 490 Drivers' licenses and training; vehicle insurance lapse fees;
truck identification standards; administrative procedure...................................HB 1168 Drivers' licenses; application and information records; amend provisions..........HB 1560 Drivers' licenses; application; child support; additional forms
of identification....................................................................................................HB 139 Drivers' licenses, cell phones, seat belts, minors; amend provisions ...................HB 1241 Drivers' licenses; certain out-of-state applicants; on-the-road driving
test not required ...................................................................................................HB 616 Drivers' licenses; certain records; furnish to Georgia Bureau
of Investigation ..................................................................................................HB 1687 Drivers' licenses; certain requirement; driver training, schools,
and oversight......................................................................................................HB 1056 Drivers' licenses; certain students show parents' address .....................................HB 1114

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4365

Drivers' licenses; certain suspension; law enforcement officer's legal representation ..............................................................................................HB 678
Drivers' licenses; certain suspension; limited driving permits ...............................HB 169 Drivers' licenses; certain suspension; limited driving permits ...............................HB 185 Drivers' licenses; Class D permit holders; limitations............................................HB 187 Drivers' licenses; exempt certain persons from driving exam................................HB 483 Drivers' licenses for minors; certain instructors sign application...........................HB 452 Drivers' licenses; ignition interlock devices; amend provisions ............................HB 449 Drivers' licenses; include pedestrian safety procedures on exam...........................HB 153 Drivers' licenses; mailing address other than residence .......................................HB 1333 Drivers' licenses; priority service at centers .........................................................HB 1015 Drivers' licenses; redefine "resident"; amend alien provisions ................................HB 12 Drivers' licenses; redefine resident; child support; forms of identification............HB 126 Drivers' licenses; reduced fees for organ donors; eliminate...................................HB 751 Drivers' licenses; residency requirements; veteran's license ..................................HB 356 Drivers' licenses; revocation; destruction of surrendered licenses .........................HB 620 Drivers' licenses; suspension; certain time period................................................HB 1274 Drivers' licenses; suspension; minors; controlled substance violation.................HB 1023 Drivers' licenses; suspension; nonresidents; prescribed forms.............................HB 1177 Driver's license suspension; noncompliance with child support;
reinstatement........................................................................................................HB 872 Drivers' licenses; young drivers; amend provisions ...............................................HB 124 Driver training schools and driver's education programs; licensing ......................HB 450 Driving under the influence; additional penalties; victim
compensation awards.............................................................................................HB 20 Driving under the influence; chemical testing requests; hospitals
receiving state funds ..........................................................................................HB 1293 Driving under the influence of alcohol or drugs; refusal to
submit to chemical testing; create offense............................................................. SB 13 Driving under the influence of marijuana; prohibition; remove exception..........HB 1587 Driving under the influence; refusal to submit to chemical
testing; create offense ..........................................................................................HB 651 Economic Development and Public Safety Act; enact...........................................HB 578 Economic Development and Public Safety Act; enact.........................................HB 1483 Education; student attendance requirements; amend provisions..........................HB 1193 Employees' Retirement; certain employees of Motor Vehicle
Safety Department; certain benefits.....................................................................HB 491 Employees' Retirement; certain law enforcement personnel;
benefit formula.....................................................................................................HB 476 Employees' Retirement; certain law enforcement personnel;
enhanced retirement benefit.................................................................................HB 426 Excise tax; motor vehicle rentals; amend definitions...............................................HB 70
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4366

INDEX

Excise tax; motor vehicle rentals; amend definitions...........................................HB 1080 Excise tax; motor vehicle rentals; gradual elimination ........................................HB 1283 Fair business practices; certain motor vehicle sales; spot delivery ..........................HB 94 Feticide; redefine; manslaughter, assault, battery; define unborn child...............HB 1458 Fines and forfeitures; certain traffic fines; pay to state treasury ............................HB 102 Fleeing or eluding a police officer; define offenses; penalties.............................HB 1221 Fleeing or eluding police while driving under the influence; felony .....................HB 283 Georgia War Veterans Nursing Home Trust Fund; create;
special license plates............................................................................................HB 911 Georgia War Veterans Nursing Home Trust Fund; create;
special plates - CA ...............................................................................................HR 614 Handicapped parking; enforcement; change provisions......................................... SB 302 House Study Committee on Penalties for Driving Under the
Influence Offenses; create .....................................................................................HR 53 House Study Committee on Truck and Highway Safety; create..........................HR 1643 House Study Committee on Truck and Highway Safety; create..........................HR 1679 House Study Committee on Truck Safety on the Highways; create ....................HR 1630 Human resources; Choose Life adoption support program;
special license plates............................................................................................HB 286 Human resources; Choose Life adoption support program;
special license plates............................................................................................HB 254 Ignition Interlock Device Providers Act; enact ....................................................HB 1162 Ignition interlock devices; limited driving permits; revocation; provisions ........HB 1158 Implied consent warning; amend provisions ........................................................HB 1765 Income tax credits; less developed areas; leased motor vehicles ............................. SB 11 Income tax credits; low or zero emission vehicles; electric chargers ....................HB 535 Insurance; certain notices; certified mail or statutory overnight delivery............HB 1043 Intellectually Disabled Health and Fitness Program Fund;
establish; special license plates............................................................................HB 428 Intellectually disabled health and fitness support program;
special plates - CA ...............................................................................................HR 225 Joint Study Committee on Truck and Highway Safety; create ............................HR 1125 Joint Study Committee on Truck and Highway Safety; create .............................. SR 669 Joint Study Committee on Truck Safety on the Highways; create.......................HR 1629 Juvenile traffic offenses; jurisdiction; remove from juvenile court .......................HB 740 Law enforcement officer in unmarked vehicle; identification ...............................HB 350 Law enforcement officers stopping motorists; prohibit
race considerations...............................................................................................HB 818 License plates and special plates; placement on vehicle ........................................HB 685 License plates; authentic historical plates; redefine .............................................HB 1242 License plates; disabled veteran; vehicle owned by certain trust...........................HB 611 License plates; free to certain veterans; departmental duties ...............................HB 1447 License plates; state and local government vehicles; permanent plates...............HB 1743

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4367

Maximum speed limit; school zones; 25 miles per hour........................................HB 219 Meat, poultry, seafood; mobile sale vehicles; license expiration.........................HB 1234 Misdemeanor traffic offenses; fines to be paid into state treasury...........................HB 19 Motor fuel and road tax; amend certain definitions .............................................HB 1078 Motor fuel and road tax; amend definitions .............................................................HB 71 Motor fuel tax and sales tax; dealers and distributors; amend
certain provisions...............................................................................................HB 1413 Motor vehicle accident insurance; certain payments; notification
to lienholder .........................................................................................................HB 421 Motor vehicle accidents; removal of vehicles from roadways............................... SB 525 Motor vehicle emissions fund; provide by general law - CA.................................HR 356 Motor vehicle emissions inspections; exempt certain vehicles............................HB 1548 Motor vehicle emissions inspections; remote sensing technology;
create fund............................................................................................................HB 676 Motor vehicle for certain warden; repeal provisions..............................................HB 340 Motor vehicle franchises; provisions; Motor Vehicle Safety
Department enforce............................................................................................HB 1157 Motor vehicle insurance; advance payment requirements ...................................HB 1499 Motor vehicle insurance; determination of liability; timely contact ....................HB 1497 Motor vehicle insurance; issuance, renewal, termination; amend
certain provisions...............................................................................................HB 1509 Motor vehicle insurance; mile-based premiums.....................................................HB 201 Motor vehicle insurance; termination; exception; certain
military personnel ................................................................................................HB 171 Motor vehicle liability insurance; cancellation by member of
armed forces ordered abroad ............................................................................... SB 280 Motor vehicle license fees and classes; amend definitions ......................................HB 67 Motor vehicle license fees, classes, restricted plates; amend provisions .............HB 1087 Motor vehicles abandoned on public property; removal by peace officer .............HB 950 Motor vehicles; certain proof of insurance; amend provisions ................................HB 86 Motor vehicles; certain records; subject to Driver's Privacy
Protection Act ......................................................................................................HB 743 Motor vehicles; certain violations; life imprisonment or death................................HB 11 Motor vehicles; certificate of title and driver's license suspension;
amend provisions ................................................................................................. SB 461 Motor vehicles; certificates of title; payment of sales tax ......................................HB 560 Motor vehicles; definitions; lane restrictions; HOV lanes ..................................... SB 489 Motor vehicles; identification rules; comply with federal provisions..................HB 1243 Motor vehicles; license fees and classes; change certain definitions ...................HB 1064 Motor vehicles; maximum speed limits for trucks; exception ...............................HB 353 Motor vehicles; racial profiling; prohibit .............................................................HB 1327 Motor vehicles; radio and other sound-making devices; limits on
sound volume.......................................................................................................HB 302

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4368

INDEX

Motor vehicles; radios and mobile phones; prohibit certain use............................HB 125 Motor vehicles; red or blue lights; restrictions; exemptions ................................HB 1287 Motor vehicles; registration; proof of insurance ....................................................HB 610 Motor vehicles; safety restraints for children; change provisions..........................HB 966 Motor vehicles; security interests or liens; failure to cancel ................................HB 1812 Motor vehicles; temporary registrations; extend time............................................HB 575 Motor vehicles; traffic offenses; conviction notification .....................................HB 1159 Motor vehicles; window tint restrictions; nonresidents........................................HB 1244 Motorcycles; certain traffic-control signals; regulations......................................HB 1251 Motorized cart; redefine; amend provisions.........................................................HB 1063 Municipalities; private trespass towing; license fees ...........................................HB 1643 Offense of fleeing or attempting to elude a police officer; penalties ..................... SB 297 Off-road vehicles; registration; amend provisions .................................................HB 260 Parking for persons with disabilities; include lupus and other
sunlight-sensitive conditions ............................................................................... SB 481 Parking permits; certain transporters of persons with disabilities..........................HB 613 Prestige and special license plates; prohibit new types ........................................HB 1286 Radar; delete certain requirement; permit use while application pending .............HB 188 Revenue; temporary income tax exemption; database of special
driver's license issuance.....................................................................................HB 1309 Sales and motor fuel taxes; dealers and distributors; amend provisions ..............HB 1459 Sales tax; temporary change in rate........................................................................HB 541 Salvaged and rebuilt motor vehicles; certificate of title; redefine builder ............. SB 357 School bus monitors; provisions...........................................................................HB 1570 Schools; compulsory attendance; disciplinary actions; codes of
conduct; drivers' licenses ..................................................................................... SB 428 Seat belts; child restraints; change age ...................................................................HB 217 Seat belts; passenger vehicles; eliminate certain exceptions................................HB 1637 Seat belts; pickup trucks and off-road vehicles; requirement; fines.......................HB 296 Self-service storage; redefine personal property; disposition of
unclaimed property .............................................................................................. SB 403 Sheriffs engaging in certain businesses; violation of oath of office.......................HB 415 Smoking in motor vehicle with child in car seat; define offense .........................HB 1138 Special license plates; administrative process; applications ..................................HB 901 Special license plates; AIDS Survival Project........................................................HB 593 Special license plates; AIDS Survival Project - CA.............................................HR 1151 Special license plates; Benevolent and Protective Order of Elks.........................HB 1577 Special license plates; Boy Scouts of America ......................................................HB 205 Special license plates; Boy Scouts of America ......................................................HB 280 Special license plates; Choose Life, Inc. ................................................................HB 630 Special license plates; colleges or universities; amend provisions ........................HB 902 Special license plates; community greenspace preservation
trust fund - CA .....................................................................................................HR 587

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4369

Special license plates for motorcycles; veterans awarded Purple Heart ................ SB 470 Special license plates for persons with disabilities; include
disabled parent ..................................................................................................... SB 301 Special license plates; General Assembly; change certain provisions .................HB 1588 Special license plates; Georgia Association of Realtors ......................................HB 1383 Special license plates; historic preservation ........................................................... SB 407 Special license plates honoring Masons; revenue provisions...............................HB 1041 Special license plates; Medal of Honor; surviving spouse retain.........................HB 1253 Special license plates; organ and tissue donation organizations ..........................HB 1377 Special license plates; organ and tissue donation organizations ............................ SB 542 Special license plates; organ and tissue donation organizations - CA .................HR 1189 Special license plates; professional sports team foundations ................................. SB 228 Special license plates; promote organ and tissue donation
organizations - CA ............................................................................................... SR 802 Special license plates promoting charitable organizations;
provisions - CA....................................................................................................HR 857 Special license plates; purchased by mail; change fee .........................................HB 1315 Special license plates; Purple Heart, Bronze Star, Silver Star,
or Distinguished Service Cross recipients ........................................................... SB 120 Special license plates; Purple Heart; motorcycles................................................HB 1307 Special license plates; restoration of wild turkey populations ...............................HB 440 Special license plates; retired reservists or National Guard members ...................HB 274 Special license plates; revenue dedication; certain nonprofit
organizations - CA .............................................................................................HR 1322 Special license plates; Rotary International; Girl Scouts U.S.A. .........................HB 1549 Special license plates; "Share the Road" message; motorists
and bicyclists........................................................................................................ SB 283 Special license plates; Thanks Mom and Dad Fund...............................................HB 214 Special license plates; United States flag ...............................................................HB 473 Special license plates; veterans of Global War on Terrorism ................................ SB 479 Speed detection device; certain 30-day limitation; work zone
speeding violations ..............................................................................................HB 329 Speed detection devices; required warning signs; change size ..............................HB 313 Surcharges for certain public safety employees; remove
certain limitations ................................................................................................HB 547 Surveillance technology on highways; prohibit recorded images
of persons in motor vehicles ................................................................................ SB 603 Taxicabs; regulation by Department of Motor Vehicle Safety ..............................HB 437 Theft; certain offenses involving commercial vehicles; penalties; fines..............HB 1456 Traffic control device preemption emitters; prohibition ......................................HB 1113 Traffic control signal monitoring devices; prohibit recording
image of driver...................................................................................................HB 1268 Traffic law sentences; restrictions on modification; amend...................................HB 858

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4370

INDEX

Traffic offenses; certain right of way violations; penalties ..................................HB 1155 Traffic violations bureaus; prosecution of certain misdemeanor offenses.............HB 683 Traffic violations; disposition; amend; suspension of license................................HB 767 Transporting motor vehicles and mobile homes; dealer license
plates; restrict use...................................................................................................HB 84 Truancy Enforcement Act; school attendance; driver's license;
employment ......................................................................................................... SB 392 Uniform rules of the road and drivers' licenses; probation restrictions..................HB 863 Uniform rules of the road; dangerous driving; duty of passenger........................HB 1482 Uniform rules of the road; leaving child unattended in car; fine .........................HB 1035 Uniform rules of the road; mobile telephones; certain prohibition ..........................HB 83 Uniform rules of the road; securing vehicle loads; live animal provisions............HB 460 Uniform rules of the road; television in motor vehicles;
prohibition; exception .......................................................................................... SB 506 Used car dealers; surety bond .................................................................................HB 585 Weapons; transporting loaded firearm in vehicle; delete certain language..............HB 40 Weight of vehicle and load; certain limitations; farm products ...........................HB 1235
MOTORCYCLES Certain traffic-control signals; regulations ...........................................................HB 1251 Motorcycle Awareness and You Month; recognize May 2004............................HR 1101 Public accommodations; access by motorcycle patrons.......................................HB 1276 Special license plates; veterans awarded Purple Heart.........................................HB 1307 Special license plates; veterans awarded Purple Heart........................................... SB 470 Traffic offenses; certain right of way violations; penalties ..................................HB 1155
MOUNT BETHEL UNITED METHODIST CHURCH; commend .................HR 1930
MOVIES (See Films, Motion Pictures, and Movies)
MR. LONNIE'S HOUSE; commend ....................................................................HR 1061
MULLIN, LEO F.; commend................................................................................HR 1168
MUNICIPALITIES (Also, see Local Government or Named Municipality) Ad valorem tax millage rate increase; require voter approval - CA.......................HR 171 Ad valorem taxes, fees, service charges, assessments; installment payments; statewide applicability .....................................................HB 679 Alcoholic beverages; Sunday sales; amend provisions ........................................HB 1471 American Heritage in Education Act; documents to be posted in public school buildings.................................................................................... SB 394 Annexation; certain counties; repeal provisions...................................................HB 1321

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4371

Annexation; effective date; declaratory judgment provisions..............................HB 1031 Annexation; prohibit without county's consent; apply statewide .........................HB 1211 Annexation; 60 percent method; best interest determination ...............................HB 1032 Annexation; unincorporated islands; objections.....................................................HB 601 Assault and battery against county or municipal officers; penalties ....................HB 1219 Business and occupation tax; certain construction permits; mail
or electronic means ............................................................................................HB 1598 Cemeteries; removal of isolated abandoned burial plots; provisions...................HB 1645 Certain counties; certain limitation on annexation; repeal .....................................HB 906 Certain state and local construction; urge certain design and
material standards ................................................................................................HR 668 Charter schools; amend provisions......................................................................... SB 216 Cigar and cigarette taxes; certain local excise taxes; authorize .............................HB 106 Cigar and cigarette taxes; certain local excise taxes; authorize .............................HB 107 Cigars and cigarettes; certain local excise taxes; authorize......................................HB 85 Clean fuel use; state and local governments; public schools; provisions.............HB 1655 Community improvement district; imposition of sales tax; approval - CA ...........HR 814 Comprehensive planning and service delivery; local government;
amend definition ................................................................................................HB 1559 Counties and municipalities; agencies assisting refugees; certain reports ...........HB 1002 Counties and municipalities; authorization; pari-mutuel betting
and casino gambling - CA .................................................................................HR 1421 Counties and municipalities; certain building permits; notice to
local boards of education and Department of Transportation .............................HB 432 Counties and municipalities; electronic security systems; fees............................HB 1139 Counties and municipalities; public water and sewage systems;
prohibitions; exceptions.....................................................................................HB 1205 Counties and municipalities; resettlement of refugees; certain reports.................. SB 399 Counties; consolidation; intergovernmental agreement and referendum...............HB 392 County school superintendents; employment contract; publication.....................HB 1123 Dentistry; dental coverings; practicing without a license; authorize arrest............HB 430 Development impact fees for educational purposes; local boards
collect - CA..........................................................................................................HR 350 Driver education; local boards offer as elective; funding ......................................HB 281 Education; bullying by students; amend provisions.............................................HB 1125 Education; deaf students; certification of interpreters............................................HB 295 Education; division of school board mediation; provisions ...................................HB 407 Education; division of school board mediation; provisions ...................................HB 459 Education flexibility and accountability; school councils; charter schools............ SB 429 Education funding; repeal ad valorem tax; impose sales tax - CA.......................HR 1264 Education funding; repeal ad valorem tax; impose sales tax - CA.......................HR 1265 Education officials; recommending certain products to students;
prohibit compensation .........................................................................................HB 478

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4372

INDEX

Elected officials; prohibit party affiliation change; exception - CA ......................HR 355 Elections; candidate qualification challenges; amend provisions ........................HB 1142 Elections; direct recording electronic voting systems; amend provisions..............HB 427 Elections; on-site absentee voting; provisions........................................................HB 752 Election superintendent; office to remain open until ballots are counted ..............HB 114 Elections; voting precinct; boundaries; gated community ...................................HB 1481 Electronic textbooks; make available to local boards, schools,
and students..........................................................................................................HB 363 Eminent domain; municipal corporations; transfer interest in property...............HB 1646 Employees' Retirement and Judicial Retirement; certain
membership; creditable service ...........................................................................HB 923 Enterprise zones; pervasive poverty area; job tax credits ....................................HB 1527 Fair housing authorities; subpoena power to investigate complaints.....................HB 393 Fines and forfeitures; certain traffic fines; pay to state treasury ............................HB 102 Fraud, waste, abuse in state operations; whistle blower;
prohibit retaliation................................................................................................HB 708 Georgia Municipal Training Act; training of municipal clerks.............................. SB 421 Georgia Procurement Registry; certain bid advertisements;
local governments ..............................................................................................HB 1260 Georgia Procurement Registry; certain bid opportunities; advertisement .............HB 409 Homestead option sales tax; referendum; disbursement of proceeds.....................HB 522 Hotel-motel tax; consolidated governments; amend provisions ..........................HB 1524 Hotel-motel tax; continuation; audits; review board; reports...............................HB 1201 Hotel-motel tax; counties and municipalities; amend provisions.........................HB 1525 Hotel-motel tax; create review board; amend certain provisions.........................HB 1404 Hotel-motel tax; create review board; amend certain provisions.........................HB 1415 Hotel-motel tax; define certain authorities .............................................................HB 545 Hotel-motel tax; define certain convention and bureau authorities......................HB 1029 House Community Improvement District Study Committee; create .....................HR 260 House Local School District Development Impact Fees
Study Committee; create......................................................................................HR 558 House Local School District Development Impact Fees
Study Committee; create....................................................................................HR 1475 House Septage Disposal Study Committee; create...............................................HR 1419 House Study Committee on Funding for Local Victim
Assistance Programs; create ................................................................................HR 669 House Unfunded Mandates Study Committee; create............................................HR 621 Income tax credits; certain businesses; less developed areas.................................HB 298 Income tax credits; home improvements and community
improvement districts ..........................................................................................HB 543 Income tax refunds; set off debt collection; political subdivisions ......................HB 1319 Income tax refunds; set off debt collection; political subdivisions ......................HB 1506 Incorporation of municipalities; minimum distance requirements.........................HB 136

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4373

Incorporation of municipalities; minimum distance; amend provisions ..............HB 1641 Indigent Defense Act of 2003; enact; circuit public defender;
multicounty capital defender ............................................................................... SB 102 Joint county and municipal sales and use tax; special districts
referendum .........................................................................................................HB 1305 Joint county and municipal sales tax; rate for consolidated governments .............HB 207 Joint county and municipal sales tax; 2 percent levy by
consolidated governments .....................................................................................HB 92 Joint county and municipal sales tax; 2 percent levy by
consolidated governments ...................................................................................HB 249 Joint county and municipal sales tax; 2 percent levy by
consolidated governments ...................................................................................HB 287 Lease property to certain nonprofit corporation .....................................................HB 423 Licensed physicians volunteering with law enforcement
agencies; immunity from liability........................................................................ SB 408 License plates; state and local government vehicles; permanent plates...............HB 1743 Local authorities; sale or disposition of real property ..........................................HB 1575 Local boards of education; certain benefits; authorize funds.................................HB 328 Local boards of education; child abuse, neglect, and abduction;
develop prevention program ..............................................................................HB 1723 Local boards of education; establish start date of school year ...............................HB 930 Local code enforcement; repeat violations; amend provisions ..............................HB 714 Local correctional facilities; inmates; medical treatment.....................................HB 1202 Local government contracts; optional bidding preference;
local businesses..................................................................................................HB 1834 Local government entities and state authorities; timely payment
for goods and services..........................................................................................HB 374 Local government; impact fees; include sewer improvement fees ......................HB 1231 Local governments; annual audits; service delivery; change
certain amounts and definitions ...........................................................................HB 666 Local governments; cross-jurisdictional authority; law
enforcement officers ..........................................................................................HB 1486 Local governments; interlocal agreements; comprehensive
regulation; provisions ........................................................................................HB 1792 Local governments; land use regulations; housing resources ..............................HB 1624 Local governments; water utility services; rates and fees ....................................HB 1060 Local sales tax; special county 1 percent sales tax; water and
sewer projects ....................................................................................................HB 1578 Local sales tax; special county 1 percent sales tax; water and
sewer projects ....................................................................................................HB 1612 Local school boards and superintendents; method of selection
provided by law - CA...........................................................................................HR 130 Local victim assistance programs; funding; additional penalty ...........................HB 1562

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4374

INDEX

Major Airport Operations Act; enact....................................................................HB 1062 Minimum wage; certain local mandates; preemption ............................................ SB 495 Minimum wage mandates by local governments; preemption; exceptions .........HB 1258 Misdemeanor traffic offenses; fines to be paid into state treasury...........................HB 19 Motor carriers; certain 911 service; vehicles and loads; amend provisions.........HB 1248 Motor vehicles; radio and other sound-making devices; limits on
sound volume.......................................................................................................HB 302 Municipal charter commissions; create ..................................................................HB 151 Municipal charter commissions; create; provisions ................................................. SB 43 Municipal corporations; lease property to nonprofit corporations;
recreation ...........................................................................................................HB 1565 Municipal corporations; minimum distance requirement; repeal.........................HB 1557 Municipal courts; pretrial intervention and diversion programs ............................HB 821 Municipal landfill; distance requirement from residence.......................................HB 496 Municipal Option Sales Tax Act; enact..................................................................HB 514 Municipal utility accounts; collection; statute of limitations .................................HB 631 New municipality; creation; minimum distance; sales tax distribution .................HB 315 Nuisance abatement liens and tax liens; collection; tax sales;
certain foreclosures .............................................................................................. SB 182 Nuisances; county and municipal abatement powers; unfit buildings ...................HB 474 Open meetings; exemption; local boards of education; discipline issues ............HB 1742 Open meetings; school districts; athletic and fine arts associations.....................HB 1740 Overpaid taxes; refunds by counties or municipalities; time to file claim ...........HB 1605 Perpetrators of felonies; local government rewards; remove limitation ................HB 359 Private prisons; regulation; provisions ...................................................................HB 742 Private probation services; local governments; agreements.................................HB 1567 Private trespass towing; license fees ....................................................................HB 1643 Property in industrial area; owner voluntarily remove - CA..................................HR 144 Public officers; appointed or elected; financial disclosure provisions .....................HB 62 Public property; restrooms; standards ..................................................................HB 1620 Public road funds; metropolitan planning organizations; formation......................HB 851 Public transportation; certain offenses; local jurisdiction ....................................HB 1690 Quality basic education; local share funds; equalization grants;
midterm adjustment ...........................................................................................HB 1539 Railroad crossings; elimination; petition provisions ............................................HB 1254 Redevelopment; tax allocation districts; amend certain provisions .....................HB 1639 Regional development centers; state funding; additional requirement ....................HB 29 Revenue bonds; redefine undertaking; remove certain referendum
requirement ..........................................................................................................HB 689 Rock quarries; licensing and regulation by local governments..............................HB 895 Sales tax; educational purposes; local boards; performance audit .........................HB 346 Sandy Springs, City of; incorporate .......................................................................HB 150 Sandy Springs, City of; incorporate; new charter...................................................HB 969

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4375

Sandy Springs, City of; incorporation and charter ................................................... SB 49 School bus monitors; provisions...........................................................................HB 1570 School councils; amend provisions; State of the School presentation ...................HB 390 School Pesticide Act; enact; regulations ..............................................................HB 1042 School Restroom Standards Act; enact ..................................................................HB 336 Schools; local boards; adopt truancy policy ...........................................................HB 900 Secure and Verifiable Identity Document Act; enact...........................................HB 1336 Service delivery; funding; comprehensive provisions .........................................HB 1714 Service delivery strategy; certain franchise fees; offset certain costs ....................HB 262 Smoking in public places; prohibitions; certain exceptions .................................HB 1670 Special county 1 percent sales tax; consolidated governments;
public safety.......................................................................................................HB 1767 Special purpose 1 percent sales tax; proceeds; publish ........................................HB 1758 Special purpose 1 percent sales tax; proceeds; publish uses ................................HB 1513 Speed detection device; certain 30-day limitation; work zone
speeding violations ..............................................................................................HB 329 State and local governments; employment of illegal aliens; prohibit ..................HB 1634 State and local governments; encourage display of Ten
Commandments and acknowledgement of God ................................................HR 1403 State and local governments; official documents and forms; English only .........HB 1411 State and local governments; telephone call centers outside
U. S.; prohibition ...............................................................................................HB 1357 State and local governments; Ten Commandments display; authorize................HB 1609 State and local governments; Ten Commandments display; authorize................HB 1633 State and Local Taxation, Financing, and Service Delivery
Revision Act of 2004; enact ................................................................................HB 709 State buildings; comply with Leadership in Energy and
Environmental Design Green Building Rating System standards.......................HB 127 State employees; certain office holders; use of annual and personal leave............HB 348 State government; prohibit discrimination against certain
private social organizations ...............................................................................HB 1200 State, local governments, local boards of education; timely
payment of goods and services ............................................................................HB 725 State Planning for Increased Community Access Act; enact ...............................HB 1040 Student codes of conduct; violation; certain disciplinary action............................HB 132 Students in transit; certain conditions; not to be counted tardy or absent ..............HB 434 Tax receivers; taxpayer statistical information; confidentiality .............................HB 529 Teachers and employees; nonrenewal of contract; local boards
adopt policy..........................................................................................................HB 362 "The Bible in Literature and History"; urge local boards offer as
elective course....................................................................................................HR 1255 Timber harvesting operations; local regulation; limitations...................................HB 724 Timber harvesting operations; local regulation; limit effect ..................................HB 672

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4376

INDEX

Timber harvesting; regulatory authority of counties and municipalities; limitations ...................................................................................HB 244
Uniform Alert; encourage participation by certain cities .....................................HR 1821 Used tires; counties and municipalities regulating storage;
enforce ordinances ............................................................................................... SB 348 Virtual charter schools; provisions ......................................................................... SB 203 War on Terrorism Local Assistance Act; enact......................................................HB 595 Waste management; disposal facilities; comply with local ordinances ...............HB 1284 Water reservoirs; locally funded; state-takeover; compensation............................ SB 246 Zoning procedures; time when action may not be taken ........................................HB 510
MURDER; certain convictions; life without parole ................................................. SB 442
MURRAY COUNTY Homestead exemption ..........................................................................................HB 1666 Homestead exemption ..........................................................................................HB 1667
MUSCOGEE COUNTY School superintendent; public works construction contracts ...............................HB 1316
MUSIC Home school students; eligibility; extracurricular programs in public schools .................................................................................................. SB 210 Income tax credits; certain motion picture production investments.....................HB 1523 Sales tax exemption; certain symphony halls.......................................................HB 1332 Sales tax exemption; certain symphony halls.......................................................HB 1386 Sales tax exemption; certain symphony halls.......................................................HB 1511
MYERS, DR. LEE; commend ...............................................................................HR 1858

N
NARDELLI, BOB; invite to house; commend Home Depot ................................HR 1677
NASCAR DAY; designate 3/11/04; recognize participants...................................HR 1355
NATIONAL AWARENESS OF VASCULAR BIRTHMARKS DAY; recognize 5/15/04.......................................................................................HR 1543
NATIONAL COUNCIL OF NEGRO WOMEN, DEKALB COUNTY SECTION; invite to House ...............................................................HR 1038

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4377

NATIONAL EATING DISORDERS AWARENESS WEEK Recognize February 22-29, 2004..........................................................................HR 1287 Urge Department of Human Resources undertake studies...................................HR 1029
NATIONAL FATHERHOOD INITIATIVE; commend....................................HR 1548
NATIONAL FFA ORGANIZATION; commend................................................HR 1660
NATIONAL GUARD Ad valorem tax; appeal procedures; certain military personnel...........................HB 1553 Ad valorem tax; appeals procedures; military service..........................................HB 1710 Georgia Military Pension Fund; certain prior service; certain call to active duty........................................................................................................HB 464 Income tax; exempt active duty military income ...................................................HB 118 Income tax; military income exclusion; amend provisions..................................HB 1226 National Guard Day; recognize 3/05/04; invite Major General David Poythress to House..................................................................................HR 1338 Officers; compensation; arrest powers ................................................................... SB 496 Special license plates; retired reservists or National Guard members ...................HB 274 Special U.S. flag license plate fees; certain education trust fund - CA..................HR 322 State income tax; exempt military income ...........................................................HB 1296
NATURAL GAS (See Gas, Gasoline, and Gas Service)
NATURAL RESOURCES (See Conservation and Natural Resources)
NAVY SUPPLY CORPS SCHOOL; 50th anniversary; commend .....................HR 1756
NETHER, HOWARD W.; condolences ...............................................................HR 1414
NETHER, WAYMAN; condolences .....................................................................HR 1413
NEW HOPE BAPTIST CHURCH AND REVEREND RUFUS H. BURNS; commend ...........................................................................HR 1303
NEWBORN, CITY OF; commend........................................................................HR 1295
NEWNAN UTILITIES; commend........................................................................HR 1946
NEWTON COUNTY Atlanta Regional Commission; certain counties; ratify partial incorporation...........................................................................................HR 1308

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4378

INDEX

NICHOLS, SHERIFF JOSEPH AND MEMBERS OF NEWTON COUNTY SHERIFF'S OFFICE; commend..................................HR 1306
NICHOLSON, CITY OF; water authority; membership; compensation .............HB 1571
NOBLE, BOBBY L.; condolences.........................................................................HR 1688
NONPROFIT CORPORATIONS Bingo; fee for conducting games; increase...............................................................HB 87 Business and nonprofit corporations; substantial revision of provisions ............... SB 555 Charitable solicitations; agent registration; amend ................................................HB 472 Insurance premiums; fees and taxes; amend provisions.......................................HB 1081 Insurance premium taxes; change provisions.........................................................HB 530 Municipal corporations; lease property to nonprofit corporations; recreation ...........................................................................................................HB 1565 Municipalities; lease property to certain nonprofit corporation .............................HB 423 Nonprofit hospitals and employees; liability insurance; provisions.......................HB 326 Sales tax exemption; nonprofit organizations providing child services...............HB 1744 Special license plates promoting charitable organizations; provisions - CA....................................................................................................HR 857 Special license plates; revenue dedication; certain nonprofit organizations - CA .............................................................................................HR 1322 State and nonprofit contractors; legislative oversight panels ...................................HB 98 Teacher salary supplements; certain donations - CA .................................................HR 3
NONRESIDENTS Cigar and cigarette taxes; increase; loose or smokeless tobacco; impose excise tax ..................................................................................HB 379 Drivers' licenses; redefine "resident"; amend alien provisions ................................HB 12 Drivers' licenses; suspension; prescribed forms ...................................................HB 1177 Lifetime sportsman's licenses; certain nonresidents; provisions ..........................HB 1362 Motor vehicles; window tint restrictions ..............................................................HB 1244 Taxes; tobacco products; licensure, definitions, penalties ...................................HB 1282
NORFOLK SOUTHERN; Commend; recognize February as "African American Railroader Month" .........HR 1358
NORTH FAYETTE COMMUNITY ASSOCIATION, INC.; commend..........HR 1330
NORTH GEORGIA COLLEGE AND STATE UNIVERSITY Lady Saints basketball team; commend ...............................................................HR 1769 Male choral group, the Patriot Choir; commend ..................................................HR 1386

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4379

NORTHVIEW HIGH SCHOOL'S VARSITY BOYS GOLF TEAM; commend ....................................................................................HR 1007
NUCLEAR ENERGY (See Energy)
NUGENT, MELANIE; commend .........................................................................HR 1217
NUISANCES Agricultural and forestry facilities.......................................................................... SB 511 Companion animal establishments; provisions ....................................................HB 1429 County and municipal abatement powers; unfit buildings .....................................HB 474 Georgia Neighborhood Protection Act; enact ........................................................HB 131 Nuisance abatement liens and tax liens; collection; tax sales; certain foreclosures .............................................................................................. SB 182
NURSES Health Care Protection Act; health care licensing violations; penalties ............................................................................................................... SB 162 Nurse Involuntary Mandatory Overtime Act; enact .............................................HB 1772 Sexual assault victims; protocols and protocol committees; assistance programs ............................................................................................. SB 457 State licensing board; reduce number of members.................................................HB 597
NURSING HOMES Certain deaths; persons in compensated care; notify coroner ................................HB 357 Criminal records; national background checks; child care, elder care, disabled care, volunteers with youth.................................................. SB 198 Georgia War Veterans Nursing Home Trust Fund; create; special license plates............................................................................................HB 911 Georgia War Veterans Nursing Home Trust Fund; create; special plates - CA ...............................................................................................HR 614 Health Care Protection Act; health care licensing violations; penalties ............................................................................................................... SB 162 House Study Committee on Long-term Care Insurance; create.............................HR 334 Influenza and pneumococcal vaccinations; offer to patients annually.................HB 1709 Long-term care facilities; redefine abuse .............................................................HB 1381 Long-term care partnership plans; Social Security Act; urge Congress delete deadline ...................................................................................HR 1510 State licensing board; reduce number of members.................................................HB 597
NUTT, ARMY SERGEANT DAVID TERRELL; condolences ........................HR 1245

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4380

INDEX

O
OAKCLIFF TRADITIONAL THEME SCHOOL; commend ..........................HR 1809
OBESITY House Study Committee on Adult and Childhood Obesity and Prevention; create ..............................................................................................HR 1580 Joint Study Committee on Adult and Childhood Obesity and Prevention; create ..............................................................................................HR 1536 Obesity Awareness Month; observe November ...................................................HR 1642
OBSCENITY Business and occupation tax; adult bookstores and entertainment outlets and explicit media outlets ........................................................................HB 964 Computer pornography and child exploitation prevention; unlawful acts; penalties......................................................................................................... SB 51
OCCUPATIONAL LICENSE (See Business and Occupation Tax)
OCCUPATIONAL THERAPISTS Health Care Protection Act; health care licensing violations; penalties................ SB 162 State licensing board; reduce number of members.................................................HB 597
OCEANFRONT COTTAGE RENTALS; commend..........................................HR 1161
ODUM, CITY OF; certain committees and chairs; mayoral voting......................HB 1663
OFF-ROAD VEHICLES All-terrain vehicles; restrictions, violations, penalties; change certain provisions...............................................................................................HB 1294 Registration; amend provisions ..............................................................................HB 260
OGLESBY, JAMIE W.; commend .......................................................................HR 1022
OGLESBY, R. D.; 100th birthday; commend .......................................................HR 1604
OGLETHORPE CHARTER SCHOOL; commend............................................HR 1146
OKEFENOKEE TRAIL; designate......................................................................HR 1422
OKPALA, JANE A.; commend.............................................................................HR 1493

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4381

OLD PLEASANT HILL BAPTIST CHURCH; Restoration project; commend..............................................................................HR 1622
OLIVARES, ELIZABETH; commend.................................................................HR 1776
OLIVER, ALFRED G., CLINTON OLIVER, BERT SMITH OLIVER, JOHN H. SMITH, AND G.W. SMITH; commend.........................HR 1965
OLIVER, HONORABLE MARY MARGARET; committee assignment ...... Page 2468
OMEGA, CITY OF; new charter ..........................................................................HB 1353
OMONUWA, TOMA S.; commend......................................................................HR 1489
OMOTAYO, SARAH; invite to House .................................................................HR 1071
OPEN AND PUBLIC MEETINGS Amend provisions...................................................................................................HB 827 Exception to disclosure; security issues .................................................................HB 384 Exemption; Georgia Sports Hall of Fame Authority............................................HB 1638 Exemption; local boards of education; discipline issues......................................HB 1742 Exemptions from disclosure ...................................................................................HB 467 School districts; athletic and fine arts associations ..............................................HB 1740
OPTOMETRISTS AND OPTICIANS Certain medications for the eye; authority to prescribe........................................HB 1039 Contact lenses; comprehensive revision of provisions...........................................HB 634 Contact lenses; sale and dispensing; licensed providers ........................................ SB 513 Contact lenses; sales or dispensing; comprehensive revision of provisions ..........HB 981 Contact lenses; selling and dispensing; amend provisions...................................HB 1496 Health Care Protection Act; health care licensing violations; penalties................ SB 162 State licensing board; reduce number of members.................................................HB 597
ORGAN DONORS Income tax; exempt certain organ donation expenses ..........................................HB 1410 Special licenses plates; organ and tissue donation organizations........................... SB 542 Special licenses plates; organ and tissue donation organizations........................... SR 802 Special licenses plates; organ and tissue donation organizations - CA................HR 1189
ORR, JOHN THOMAS; commend ......................................................................HR 1325
ORSO, CHRIS; 4-H honoree; commend ...............................................................HR 1086
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4382

INDEX

ORY, MATT; commend ........................................................................................HR 1807
OUTDOOR ADVERTISING Highways; certain restriction................................................................................HB 1464 Public roads; erection of sign without permit; $500 fine .......................................HB 705
OWENS, EDDIE; commend..................................................................................HR 1215
OWINGS, MICAH; commend ..............................................................................HR 1427

P
PADGETT-HARRISON, DR. SUSAN K.; commend...........................................HR 966
PAGE DAY ON CAPITOL HILL Recognize 2/10/04; invite officers to House ........................................................HR 1122
PAIGE, RALPH; commend...................................................................................HR 1673
PARDONS AND PAROLES Adult offenders; transference of supervision; fee...................................................HB 892 Board employees; police powers..........................................................................HB 1702 Criminal procedure; certain serious violent offenses; mandatory punishments .....................................................................................HB 1487 Department of Probation and Parole Community Based Supervision; create.............................................................................................HB 1154 Division of probation and parole community based supervision; create .............HB 1163 Ethics; reforms; campaign contributions; activities on behalf of inmates ............... SB 31 Inmate transfers; limitations on requests ................................................................HB 741 Notification of decision ..........................................................................................HB 582 Persons convicted of certain offenses entering certain property; criminal trespass ..................................................................................................HB 364 Reimbursement to counties for housing inmates....................................................HB 420
PARENT AND CHILD Abortion; Due Process and Equal Protection Restoration Act of 2003; enact.........................................................................................................HB 63 Abortion; make unlawful........................................................................................HB 377 Abortion; minors; identification requirements .....................................................HB 1597 Abortion; minors; parental notification ..................................................................HB 574 Abortion; parental notification; identification requirements..................................HB 466 Abortion; parental notification; requirements ........................................................ SB 240
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4383

Abortion; petition superior court for permission........................................................HB 1 Abortion; Woman's Right to Know Act; enact.........................................................HB 23 Abortion; Woman's Right to Know Act; enact.........................................................HB 52 Adoption and child custody proceedings; 90-day time limit for
court decision.....................................................................................................HB 1631 Adoptions and child-placing agencies; records access; birth
records; practices and procedures.......................................................................... SB 55 Adoptions; name change of office; amend provisions ...........................................HB 176 Advisory committee on hearing in newborn infants; continuation ........................HB 760 Advisory committee on hearing in newborn infants; continuation ......................HB 1581 Advisory committee on hearing in newborn infants; continuation ......................HB 1627 Advisory committee on hearing in newborn infants; continuation ......................HB 1679 Alimony and child support; financial status of parties; verification ........................HB 21 Amirah Joyce Aden Act; enact; offense of female genital mutilation .................HB 1477 Baby's Right to Know Act; enact .............................................................................HB 18 Bright From The Start: Georgia's Office of Early Care and
Education; create................................................................................................HB 1288 Child abuse; certain sexual abuse; parent report ....................................................HB 241 Child abuse, sexual abuse or exploitation; failure to report;
define offense.....................................................................................................HB 1551 Child custody; attorneys' fees and litigation expenses ...........................................HB 507 Child custody; court appointed custody evaluator; liability.................................HB 1194 Child placement; adoption petition; time limit requirement ................................HB 1322 Children in protective custody; cost of care; reimbursement .................................HB 489 Children; prohibit sale or offer for sale of child..................................................... SB 281 Child support; amend provisions; income deduction order......................................HB 38 Child support; amend provisions; income deduction order....................................HB 149 Child support; guidelines; basic obligation amounts............................................HB 1452 Cigarettes and tobacco products; prohibit possession by
minors; exceptions ...............................................................................................HB 653 Crimes against children; negligence, cruelty, methamphetamines,
serious injury, sexual abuse ...............................................................................HB 1108 Crimes against minors; criminal negligence, cruelty, serious
injury; redefine...................................................................................................HB 1057 Crimes against minors; criminal negligence, cruelty, serious
injury; redefine...................................................................................................HB 1329 Cruelty to children; endangering a child in the second degree;
criminal negligence.................................................................................................. SB 1 Cruelty to children in second degree; nonmerger provision ..................................HB 168 Cruelty to children; methamphetamine; unlawful activities ................................HB 1135 Cruelty to children; second degree; nonmerger provision ...................................HB 1229 Day-care facilities; licensing; liability insurance required .....................................HB 433 Deprived child; temporary legal custody; provisions...............................................HB 41

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INDEX

Divorce; grounds; time limits; effect on children; class for parents ...................... SB 298 Drivers' licenses; application; child support; additional forms
of identification....................................................................................................HB 139 Drivers' licenses; certain students show parents' address .....................................HB 1114 Drivers' licenses; redefine resident; child support; forms of identification............HB 126 Driver's license suspension; noncompliance with child support;
reinstatement........................................................................................................HB 872 Education; Adequate Yearly Progress Reports; review; appeals .........................HB 1635 Endangering a child's education; failure to enroll; penalties..................................HB 406 Grandparents' visitation rights; amend provisions .................................................HB 884 Human resources; Choose Life adoption support program;
special license plates............................................................................................HB 286 Human resources; Choose Life adoption support program;
special license plates............................................................................................HB 254 Income tax credit; qualified child care expenses....................................................HB 209 Jury duty; exempt certain caregivers and home school teachers..........................HB 1227 Jury duty; exemptions; certain caregivers and elderly .........................................HB 1273 Juvenile court; jurisdiction; temporary child support for deprived child ...............HB 655 Juvenile proceedings; certain conviction; termination of parental rights.............HB 1632 Local boards of education; child abuse, neglect, and abduction;
develop prevention program ..............................................................................HB 1723 Minors; employment; written permission of parent or guardian..............................HB 13 Parental Leave Act; enact .....................................................................................HB 1058 Parental power, grandparent visitation, adoption; prohibition;
certain conviction.................................................................................................HB 330 Postmajority child support; certain disabilities; provisions..................................HB 1835 Sales tax exemption; nonprofit organizations providing child services...............HB 1744 School council members; staggered terms ...........................................................HB 1122 Schools; student leaving without permission; custody of peace officer...............HB 1480 Seat belts; child restraints; change age ...................................................................HB 217 Smoking in motor vehicle with child in car seat; define offense .........................HB 1138 Special license plates for persons with disabilities; include
disabled parent ..................................................................................................... SB 301 Special license plates; Thanks Mom and Dad Fund...............................................HB 214 Speech-language pathologists and audiologists; advisory
committee on hearing in newborn infants .........................................................HB 1701 Student codes of conduct; violation; certain disciplinary action............................HB 132 Uniform rules of the road; leaving child unattended in car; fine .........................HB 1035 Vital records; birth certificate in legitimations, paternity orders,
and adoptions ....................................................................................................... SB 263 Vital records; birth certificates; unwed mothers; identify fathers ........................HB 1566
PARHAM, OSCAR; commend .............................................................................HR 1214

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4385

PARKER, CAMERON; commend .......................................................................HR 1984
PARKER, LEESA; commend .................................................................................HR 948
PARKMAN, STANLEY AND MARY; commend ..............................................HR 1329
PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION Confederate History and Heritage Month; confederate memorials; designate ............................................................................................................HR 1442 Conservation and natural resources; certain submerged artifacts; authorize collection..............................................................................................HB 401 Iraq's cultural artifacts; looted and destroyed; urge U. S. restore and preserve .........................................................................................................HR 779 National preserve in corridor of Ocmulgee and Altamaha Rivers; urge Congress create..........................................................................................HR 1256 Public officers and employees; certain property and records; preservation.........HB 1026 Sales tax exemption; certain tangible personal property; certain corporate attractions...........................................................................................HB 1528 Special license plates; historic preservation ........................................................... SB 407 Stone Mountain Memorial Association; membership requirements ....................HB 1014 Stone Mountain Memorial Association; membership requirements ...................... SB 423
PARKVIEW HIGH SCHOOL WRESTLING TEAM; commend ....................HR 1332
PARRY, BRYAN; commend .................................................................................HR 1167
PARTNERSHIP FOR HEALTH AND ACCOUNTABILITY DAY; recognize 2/26/04.......................................................................................HR 1205
PASCOE, CRAIG; commend................................................................................HR 1230
PATAULA JUDICIAL CIRCUIT; change certain terms of court ......................HB 1373
PATEL, NIMESH; commend brave and heroic action at Heritage High School ..........................................................................................................HR 1449
PATEL, YOGIN P.; commend..............................................................................HR 1498
PATRICK, REVEREND DR. BILL L., SR.; commend .....................................HR 1624
PAULDING COUNTY Atlanta Regional Commission; certain counties; ratify partial incorporation...........................................................................................HR 1308

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4386

INDEX

PAYNE, LT. COL. (RET.) TERRY; condolences ..............................................HR 1744
PAYNE, ROY B., JR.; condolences ........................................................................HR 952
PEACE OFFICERS (See Law Enforcement Officers and Agencies)
PEACHTREE CHARTER MIDDLE SCHOOL; commend..............................HR 1810
PEANUT INDUSTRY Peanut Butter and Jelly Day at the Capitol; 3/10/04 ............................................HR 1516
PEEL, JAN; commend ...........................................................................................HR 1162
PENAL INSTITUTIONS Adult offenders; transference of supervision; fee...................................................HB 892 Bright From The Start: Georgia's Office of Early Care and Education; create................................................................................................HB 1288 Conform Code references to House and Senate committee names........................HB 846 Controlled substances; conditional discharge; expand eligibility ........................HB 1475 Correctional institutions; housing certain inmates; reimbursement .......................HB 614 Correctional institutions; inmate accounts; certain deductions ..............................HB 968 Corrections and pardons and paroles; reimbursement to counties for housing inmates..............................................................................................HB 420 Corrections, Department of; commend ..................................................................HR 974 Cosmetology; training programs operated by Corrections; provisions; board membership; amend qualifications..........................................................HB 1175 County correctional institutions; housing of state prisoners; payment ..................HB 143 County jail inmates; earned time allowances .........................................................HB 239 Criminal procedure; certain serious violent offenses; mandatory punishments .....................................................................................HB 1487 Department of Probation and Parole Community Based Supervision; create.............................................................................................HB 1154 Division of probation and parole community based supervision; create .............HB 1163 Early Care and Learning, Department of; create; Georgia Child Care Council; redesignate and transfer to Title 20 .............................................. SB 456 Electronic monitoring devices; condition of probation; unlawful interference ........................................................................................... SB 469 Employees' Retirement; certain law enforcement personnel; benefit formula.....................................................................................................HB 476 Ethics in government; comprehensive revisions of provisions .............................. SB 517 Ethics; reforms; campaign contributions; activities on behalf of inmates ............... SB 31 Graffiti; compensation to property owners; use of inmate labor to remove from private property .............................................................................. SB 313

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4387

Home arrest program; qualifications; supervision; pretrial arrestees.....................HB 272 Home arrest; redefine; pretrial arrestees................................................................. SB 487 House Georgia Correctional Industries Study Committee; create .......................HR 1761 Ignition interlock devices; limited driving permits; revocation;
provisions...........................................................................................................HB 1158 Inmate transfers; limitations on requests ................................................................HB 741 Inmates; voluntary labor; privately owned profit-making employers..................HB 1173 Jails; certain counties; full-time dispatcher serve as jailer .....................................HB 820 Juvenile proceedings; juvenile court jurisdiction; change age .............................HB 1418 Juvenile proceedings; youthful offenders; amend provisions ................................HB 670 Local correctional facilities; inmates; medical treatment.....................................HB 1202 Pardons and paroles; board employees; police powers ........................................HB 1702 Pardons and paroles; notification of decision.........................................................HB 582 Persons convicted of certain offenses entering certain property;
criminal trespass ..................................................................................................HB 364 Private prisons; regulation; provisions ...................................................................HB 742 Private probation services; local governments; agreements.................................HB 1567 Probation; increase supervision fees; fees for transferal ......................................HB 1600 Probation Management Act; enact .......................................................................HB 1161 Probation system; drug and alcohol screening; provisions ..................................HB 1130 Serious violent felonies; portion of sentence; work release status .......................HB 1556 Sexual offender registry; certain defendants; registration requirements..............HB 1673 Sexual offenders; probation or parole; register prior to release .............................HB 577 State and county penal institutions; certain inmate labor; authorize......................HB 398 State-wide probation system; terms and conditions; risk-reducing
programs ............................................................................................................HB 1371 Work release programs; felony sentences; provisions .........................................HB 1182
PENNINGTON SEED COMPANY; commend...................................................HR 1278
PENSIONS (See Retirement and Pensions)
PEPPERMILL RESTAURANT AND OWNERS LING-FENG TANG AND GLENN KERSH; commend.........................................................HR 1797
PERMAR, STEVEN; commend............................................................................HR 1368
PERRY, CITY OF Industrial building authority; repeal constitutional amendment creating...............HB 960 Perry-Houston County Airport Authority; membership.......................................HB 1684
PERSONAL CARE HOMES Medical malpractice review panels; create...........................................................HB 1508

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4388

INDEX

PERSONS AND THEIR RIGHTS Juries; service provisions; Jury Patriotism Act.....................................................HB 1323 Nondiscrimination Act of 2003; enact....................................................................HB 885 State and local governments; business transactions; use English only; exception...................................................................................................HB 1119 State government; prohibit discrimination against certain private social organizations............................................................................................HB 1200
PETROLEUM PRODUCTS (See Gas, Gasoline, and Gas Service)
PETTYS, RICHARD R. "DICK"; commend......................................................HR 1180
PHARMACISTS (See Prescription Drugs and Pharmacists or Professions and Businesses)
PHILLIPS, GINA; commend ................................................................................HR 1975
PHILLIPS, KIMBERLY; commend ....................................................................HR 1213
PHILLIPS, LINDSEY NICOLE; commend ........................................................HR 1476
PHYSICAL THERAPISTS Health Care Protection Act; health care licensing violations; penalties................. SB 162 State licensing board; reduce number of members.................................................HB 597
PHYSICIANS, PHYSICIAN'S ASSISTANTS, AND RESPIRATORY CARE Certificate of need; injectable medications administered in home; certain exemptions .............................................................................................HB 1785 Certified Professional Midwifery Act; enact........................................................HB 1550 Civil practice and torts; substantial revision of provisions; health care...............HB 1472 Civil practice, evidentiary matters, and liability in tort actions; comprehensive revision of provisions ...............................................................HB 1712 Clinical perfusionist; physician's assistants; certain licensures; amend provisions .................................................................................................HB 617 Common Sense Civil Justice Reform Act; enact.................................................... SB 133 Contact lenses; comprehensive revision of provisions...........................................HB 634 Contact lenses; sale and dispensing; licensed providers ........................................ SB 513 Contact lenses; sales or dispensing; comprehensive revision of provisions ........................................................................................................HB 981 Contact lenses; selling and dispensing; amend provisions...................................HB 1496 Crime victims; restitution; certain medical costs ................................................... SB 419 Evidence; expert testimony; standards for admitting ...........................................HB 1398

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4389

Evidence; expert testimony; standards for admitting ...........................................HB 1420 Expert testimony; professional malpractice actions; provisions ..........................HB 1337 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1491 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1492 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1521 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1522 House Study Committee on Liability Insurance Rates for
Hospitals and Physicians; create..........................................................................HR 819 House Trauma Network Study Committee; create...............................................HR 1474 Immunity; independent contractors; certain hospitals and
health care providers..........................................................................................HB 1534 Income tax credit; rural physicians; medical malpractice
insurance premiums ...........................................................................................HB 1401 Insurance; health care claims; filing, processing, timely payment......................... SB 350 Karon's Law; enact; repository; donated prescription drugs ................................HB 1692 Licensed physicians volunteering with law enforcement
agencies; immunity from liability........................................................................ SB 408 Liens of hospitals and nursing homes; physician practice;
cause of action liens...........................................................................................HB 1303 Medical malpractice civil actions; depositions and discovery;
expert opinions...................................................................................................HB 1399 Medical malpractice insurers; rate filings; certain hearings.................................HB 1402 Medical malpractice review panels; create...........................................................HB 1508 Patient Safe Prescription Drug Act; electronic data prescription
drug orders ........................................................................................................... SB 179 Physician's assistants; handling of professional samples .....................................HB 1016 Physicians; gifts from certain industries; prohibit..................................................HB 186 Physicians; licenses; temporary postgraduate training permits............................HB 1265 Senate Bill 23; urge consideration by House..........................................................HR 722 State health planning and development; health care facilities;
amend provisions ...............................................................................................HB 1376 Surgical assistants; licensure; Composite State Board of
Medical Examiners ............................................................................................HB 1008 Tattooing near the eye; prohibition; expand exception ..........................................HB 183 Torts; certain emergency health care; limited liability.........................................HB 1339 Torts; certain hospital emergency room physicians; liability...............................HB 1396 Torts; certain hospital emergency room physicians; liability...............................HB 1419 Torts; certain hospital emergency room physicians; liability...............................HB 1805 Torts; free health clinics; limit liability ................................................................HB 1576 Torts; free health clinics; limit liability ................................................................HB 1674 Torts; free health clinics; limit liability ................................................................HB 1711 Torts; health care services; noneconomic damages..............................................HB 1618 Torts; limiting liability of free health clinics; provide .........................................HB 1793

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4390

INDEX

Vaccination program for emergency responders; contingent upon bioterrorism funding ................................................................................... SB 333
Vital records; amend provisions; create Office of Vital Records........................... SB 478 Volunteers in health care, dentistry, and medicine; revise provisions .................HB 1706 X-ray equipment; require annual training and education .....................................HB 1800
PICKENS COUNTY Board of education; certain per diems..................................................................HB 1822 Land use ordinance; advisory referendum............................................................HB 1694 Magistrate court; county law library fees .............................................................HB 1693
PIKE COUNTY; office of county manager...........................................................HB 1819
PINHOLSTER, HONORABLE GARLAND State Board of Transportation; election; Seventh Congressional District........... Page 351
PINSON, RUTH; commend...................................................................................HR 1834
PITMAN, BRANDON; commend.........................................................................HR 1079
PITMAN, JENNIFER T.; commend ....................................................................HR 1972
POENICKE, ED; commend ..................................................................................HR 1893
POLICE CHIEFS AND HEADS OF LAW ENFORCEMENT AGENCIES; commend .......................................................................................HR 1698
POOLE, CHARLES J.; condolences....................................................................HR 1607
POOLE, TYLER; 4-H honoree; commend .............................................................HR 996
POOLER, CITY OF Homestead exemption; unremarried surviving spouse.........................................HB 1732 New charter...........................................................................................................HB 1778
PORT WENTWORTH, CITY OF Homestead exemption; unremarried surviving spouse.........................................HB 1727
POSITIVE GROWTH, INCORPORATED; commend .....................................HR 1021
POSTSECONDARY EDUCATION Board of Regents; power; subject to General Assembly and Governor - CA .....................................................................................................HR 622

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4391

Board of Regents; urge expansion of teacher education program..........................HR 601 Board of Regents; urge inclusion of a professor on board ...................................HR 1816 Children of certain officers; tuition-free college; General
Assembly provide by law - CA .............................................................................HR 26 Children of deceased POST officers; urge free college tuition................................HR 23 Colleges and technical schools; textbooks in electronic format.............................HB 712 Colleges; certain bookstores; textbooks; maximum price....................................HB 1368 Colleges; meningococcal meningitis; vaccination or signed waiver......................HB 199 College students; vaccination against meningococcal meningitis.......................... SB 266 Education; joint enrollment; certain private schools and home
study programs.....................................................................................................HB 985 Education loans; repayment assistance; public interest lawyers ..........................HB 1607 Education officials; recommending certain products to students;
prohibit compensation .........................................................................................HB 478 Health, education, and social services; certain boards and
councils; amend provisions................................................................................HB 1266 HOPE scholarships and grants; amend provisions ................................................. SB 471 HOPE scholarships; eligibility; academic performance review...........................HB 1369 HOPE scholarships; eligibility; amend provisions.................................................HB 706 HOPE scholarships; eligibility; amend provisions...............................................HB 1325 HOPE scholarships; eligibility; entering freshmen ..............................................HB 1271 HOPE scholarships; eligibility; schools with certain accreditation .....................HB 1011 HOPE scholarships; felony or misdemeanor conviction; ineligibility .................HB 1116 HOPE scholarships; ineligibility; drug-free provisions .......................................HB 1584 HOPE scholarships; loss of eligibility; certain freshmen.....................................HB 1689 HOPE scholarships; private colleges; certain part-time eligibility ........................HB 341 Illegal aliens; prohibit receiving state or local services - CA...............................HR 1648 Lottery; online ticket sales; establish Georgia Peach Account ............................HB 1272 Sales tax exemption; athletic event tickets; University System .............................HB 251 Sales tax exemption; certain school clothes, supplies, computer
items; limited time ...............................................................................................HB 204 Sales tax exemption; certain school clothes, supplies, computer
items; limited time .............................................................................................HB 1412 Sales tax exemption; certain school supplies and dormitory
items; limited time .............................................................................................HB 1504 Sales tax exemption; school clothes, supplies, computers;
annually in August ...............................................................................................HB 228 Special U.S. flag license plate fees; certain education trust fund - CA..................HR 322 Student Finance Authority; editorial changes; certain definitions .......................HB 1547 Teachers Retirement; certain non-public school service; credit.............................HB 873 Tuition equalization grants; part-time students; certain
HOPE scholarships ..............................................................................................HB 342

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INDEX

University System; required textbooks; use for six semesters .............................HB 1434 University System; urge reduction in student fees ...............................................HR 1037
POULTRY PRODUCTION Contracts; regulate ..................................................................................................HB 644 Contracts; regulate ..................................................................................................HB 648 Eggs; labeling; provisions concerning expiration dates .........................................HB 747 Sales tax exemption; ice; poultry processing .......................................................HB 1052 Sales tax exemption; ice; processing and storing poultry and vegetables............HB 1409
POWDER SPRINGS, CITY OF; redevelopment powers; referendum ................. SB 545
POYTHRESS, MAJOR GENERAL DAVID Invite to House; "National Guard Day"; recognize 3/5/04...................................HR 1338
PRCHAL, DR. JERRY; Georgia Optometric Association; invite to House ........HR 1121
PRESCRIPTION DRUGS AND PHARMACISTS Advisory committee on seniors and prescription drug costs; establish..................HB 935 Assisted living facilities; Levels I and II; provisions ...........................................HB 1033 Certificate of need; injectable medications administered in home; certain exemptions .............................................................................................HB 1785 Community Health, Department of; rebates on pharmaceuticals; annual report ......................................................................................................HB 1346 Controlled substances; forfeitures; dangerous drug lists; certain first offender status .............................................................................................. SB 502 Health maintenance organizations; mail-order pharmaceuticals; provisions...........................................................................................................HB 1478 Income tax credit; certain pharmaceutical companies............................................HB 993 Joint Study Committee on Prescription Drugs for Seniors; create........................... SR 55 Karon's Law; enact; repository; donated prescription drugs ................................HB 1692 Medicaid; medications for certain illnesses; prohibit restricting .........................HB 1473 Optometrists; certain medications for the eye; authority to prescribe..................HB 1039 Patient Safe Prescription Drug Act; electronic data prescription drug orders ........................................................................................................... SB 179 Pharmacies; State Board powers; drug therapy certification ...............................HB 1427 Pharmacy Services Fee Act; enact........................................................................HB 1462 Physician's assistants; handling of professional samples .....................................HB 1016 Physicians; gifts from certain industries; prohibit..................................................HB 186 Prescription drugs by mail; enrollees in HMO health benefit plans ...................... SB 145 Prescription drugs; maximum manufacturer prices; create schedule ...................HB 1061

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4393

Prescription drugs; receipts; include pharmacy cost ............................................HB 1442 Psychologists; authority to prescribe drugs; create psycho-
pharmacological formulary..................................................................................HB 717
PRESLEY, MIKE; Georgia State Patrol Trooper First Class; commend .............HR 1705
PRESTON, CITY OF; new charter.......................................................................HB 1630
PRETRIAL PROCEEDINGS Controlled substances; conditional discharge; expand eligibility ........................HB 1475 Criminal procedure; demand for trial; service; expiration; appeals ......................... SB 45 Juvenile justice reform; training programs; pretrial proceedings; indictment.....................................................................................HB 1299
PRICE, DANIEL B.; commend.............................................................................HR 1508
PRICE, MICHAEL W.; commend .......................................................................HR 1780
PRIMARIES (See Elections)
PRINCE, CAMERON; commend.........................................................................HR 1752
PRISONS (See Penal Institutions)
PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESSES Sheriffs engaging in certain businesses; violation of oath of office.......................HB 415 State licensing board; reduce number of members.................................................HB 597
PRIVATE SCHOOLS Education; joint enrollment; certain private schools and home study programs.....................................................................................................HB 985 Home study programs; qualifications of tutors ....................................................HB 1428 HOPE scholarships; eligibility; amend provisions.................................................HB 706 HOPE scholarships; eligibility; entering freshmen ..............................................HB 1271 HOPE scholarships; eligibility; schools with certain accreditation .....................HB 1011 HOPE scholarships; private colleges; certain part-time eligibility ........................HB 341 Private schools; prayer at athletic events; public school participation.................HB 1290 Teachers Retirement; certain prior service in public schools; credit .....................HB 345 Tuition equalization grants; part-time students; certain HOPE scholarships ..............................................................................................HB 342

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INDEX

PROBATE COURTS Certain judges; salary increases............................................................................HB 1372 Civil filings and criminal fines; additional charges; repeal certain charges...........HB 869 Comprehensive planning and service delivery; local government; amend definition ................................................................................................HB 1559 Controlled substances; conditional discharge; expand eligibility ........................HB 1475 Courts; certain clerks; continuing education ..........................................................HB 995 Judges of the Probate Courts Retirement; designated surviving beneficiary ...........................................................................................................HB 739 Premarital counseling; financial incentive; marriage licenses .............................HB 1451
PROBATION Controlled substances; conditional discharge; expand eligibility ........................HB 1475 Department of Probation and Parole Community Based Supervision; create.............................................................................................HB 1154 Division of probation and parole community based supervision; create .............HB 1163 Electronic monitoring devices; condition of probation; unlawful interference .......................................................................................................... SB 469 Ignition interlock devices; limited driving permits; revocation; provisions ........HB 1158 Income tax refund; setoff debt; probation fees and restitution orders....................HB 677 Increase supervision fees; fees for transferal........................................................HB 1600 Private probation services; local governments; agreements.................................HB 1567 Probation Management Act; enact .......................................................................HB 1161 Probation system; drug and alcohol screening; provisions ..................................HB 1130 Sexual offender registry; certain defendants; registration requirements..............HB 1673 Sexual offender registry; first offenders; change registration requirements ........HB 1093 State-wide probation system; terms and conditions; riskreducing programs .............................................................................................HB 1371
PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS Divorce; grounds; time limits; effect on children; class for parents ...................... SB 298 Education; Certified School Social Worker Specialists; salary increase ...............HB 320 Guardian; appointment; licensed clinical social workers; qualified evaluators............................................................................................HB 1085 Health Care Protection Act; health care licensing violations; penalties................ SB 162 Premarital counseling; financial incentive; marriage licenses .............................HB 1451 Professional counselors; licensing; exempt disaster relief services .......................HB 206 Professsional counselors; foreign born, English speaking; temporary licenses ...............................................................................................HB 625

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4395

PROFESSIONS AND BUSINESSES Ad valorem tax exemption; inventory of business taxpayer ..................................HB 156 Ad valorem tax; inventory of small business; exemption ......................................HB 162 Agriculture Commissioner; retention and use of moneys ......................................HB 569 Amend certain provisions; Soil Scientists Licensing Act of 2004; enact .............. SB 449 Architects and interior designers; education, research, and recovery fund; establish .....................................................................................HB 1672 Architecture; registration to practice; amend requirements .................................HB 1167 Athletic and Entertainment Commission; amend provisions .................................HB 558 Athletic trainers; licensing; exceptions.................................................................HB 1394 Barbers; apprentices; supervision.........................................................................HB 1359 Business Equity Act of 2004; provisions .............................................................HB 1707 Certified Professional Midwifery Act; enact........................................................HB 1550 Charitable solicitations; agent registration; amend ................................................HB 472 Chiropractors; board of examiners; additional authority......................................HB 1512 Clinical perfusionist; physician's assistants; certain licensures; amend provisions .................................................................................................HB 617 Common Sense Civil Justice Reform Act; enact.................................................... SB 133 Construction industry; electrical, mechanical, general, and utility contractors; licensing provisions.............................................................HB 1045 Contracts; timely payment; professional services providers ................................HB 1195 Cosmetology; persons authorized to study; lower age from 17 to 16 ..................HB 1024 Cosmetology; training programs operated by Corrections; provisions; board membership; amend qualifications .......................................HB 1175 Dental hygienists; increase membership on Dentistry Board.................................HB 284 Dentistry; dental coverings; practicing without a license; authorize arrest.....................................................................................................HB 430 Dentistry, State Board of; add additional dental hygienist.....................................HB 980 Dentists and dental hygienists; additional license fees - CA................................HR 1169 Dentists and dental hygienists; amend provisions................................................HB 1141 Dentists; mercury amalgam fillings; prohibit certain usage...................................HB 442 Driver education fund; create; General Assembly provide by law - CA ...............HR 699 Driver education; requirements; provisions ...........................................................HB 953 Driver training schools and driver's education programs; licensing ......................HB 450 Drivers' licenses; certain requirement; driver training, schools, and oversight......................................................................................................HB 1056 Drivers' licenses; exempt certain persons from driving exam................................HB 483 Engineer-in-training and land surveyor-in-training; certification requirements.........................................................................................................HB 986 Health Care Protection Act; health care licensing violations; penalties................ SB 162 Hotels and motels; excessive room rates during special sporting events; prohibit .................................................................................................... SB 150
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INDEX

House Study Committee on Health Insurance Options for Small Businesses and Uninsured Working People; create.............................................HR 588
Ignition Interlock Device Providers Act; enact ....................................................HB 1162 Income tax credits; certain businesses; border counties.........................................HB 325 Income tax credits; certain businesses; less developed areas.................................HB 298 Income tax credits; certain headquarters; creation of full-time jobs ......................HB 492 Income tax; corporations; allocation and apportionment formulas;
comprehensive revision .....................................................................................HB 1435 Industrial Hygiene Title Protection Act; enact .....................................................HB 1379 Massage Therapy Licensure Act; enact..................................................................HB 368 Massage Therapy Practice Act; enact...................................................................HB 1542 Massage Therapy Practice Act; enact..................................................................... SB 551 Minority business enterprises; certification procedures;
amend provisions ................................................................................................. SB 115 Mortgage loan officers; definitions and provisions..............................................HB 1385 Occupational regulation legislative review; amend provisions..............................HB 628 Occupation taxes; certain exemption; Department of Veterans Service ..............HB 1445 Optometrists; certain medications for the eye; authority to prescribe..................HB 1039 Physician's assistants; handling of professional samples .....................................HB 1016 Physicians; gifts from certain industries; prohibit..................................................HB 186 Physicians; licenses; temporary postgraduate training permits............................HB 1265 Plumbers; false advertising; amend provisions ......................................................HB 338 Plumbing code; gray water recycling systems appendix; enforcement....................HB 35 Professsional counselors; foreign born, English speaking;
temporary licenses ...............................................................................................HB 625 Professional counselors; licensing; exempt disaster relief services .......................HB 206 Psychologists; authority to prescribe drugs; create psycho-
pharmacological formulary..................................................................................HB 717 Real estate closings; unfair trade practice; licensee conducting
closing; remove provision..................................................................................HB 1311 Residential and General Contractors, State Licensing Board; create...................HB 1003 Residential Contractors, State Licensing Board; create .........................................HB 109 Roofing contractors; regulation ............................................................................HB 1037 Salvaged and rebuilt motor vehicles; certificate of title; redefine builder ............. SB 357 Small Business Employee Choice of Benefits Health Insurance
Plan Act; enact ...................................................................................................HB 1302 Soil Scientists Licensing Act of 2004; enact ........................................................HB 1047 Speech-language pathologists and audiologists; advisory committee
on hearing in newborns......................................................................................HB 1701 State licensing boards; reduce number of members ...............................................HB 597 State Structural Pest Control Commission; amend provisions.............................HB 1279 Surgical assistants; licensure; Composite State Board of
Medical Examiners ............................................................................................HB 1008

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4397

Torts; noneconomic damages; financial limitations.............................................HB 1343 Used car dealers; surety bond .................................................................................HB 585 Utility contractors and systems; definitions; licensing and
certification requirements; safety training .........................................................HB 1300 Volunteers in health care, dentistry, and medicine; revise provisions .................HB 1706
PROPERTY Ad valorem tax; amend certain definitions...............................................................HB 78 Ad valorem tax; amend certain definitions...........................................................HB 1067 Ad valorem tax; appraise property at owner's acquisition cost CA ......................HR 45 Ad valorem tax assessments; periods of limitation ................................................HB 736 Ad valorem tax assessments; taxpayer appeals; certain refunds ............................ SB 161 Ad valorem tax; bona fide conservation use property; expand preferential assessment ......................................................................................HB 1344 Ad valorem taxes, fees, service charges, assessments; installment payments; statewide applicability........................................................................HB 679 Ad valorem tax; exempt certain property used in generating electricity................HB 565 Ad valorem tax; exempt full homestead value; senior citizens..................................HB 8 Ad valorem tax; freeport personal property inventory exemption; tax assessments; periods of limitation ................................................................. SB 453 Ad valorem tax; limit increase of millage rate and property value - CA ...................HR 4 Ad valorem tax; limit increase of millage rate and property value - CA ...................HR 5 Ad valorem tax; limit increase of millage rate and property value - CA ...................HR 6 Ad valorem tax; millage rate and property value; limit increases - CA..............HR 1336 Ad valorem tax; millage rate or valuation increases; limitations - CA ......................HR 7 Ad valorem tax; millage rate or valuation increases; limitations - CA ......................HR 8 Ad valorem tax; preferential assessment; certain storm-water wetlands ...............HB 528 Ad valorem tax; property equipped with certain systems for generating electricity; exempt - CA.....................................................................HR 259 Ad valorem tax; returns; rates; roll-back rates; assessment appeals ....................HB 1540 Ad valorem tax; special class; antique aircraft - CA ..............................................HR 527 American Indian tribes; recognize RedNation of Cherokee New Echota Band.........................................................................................................HB 755 Arson in the first, second, and third degree; define offenses ................................. SB 184 Bankruptcy; exemptions from levy and sale; increase homestead exemption...........................................................................................................HB 1479 Bankruptcy; exemptions from levy and sale; increase homestead exemption...........................................................................................................HB 1532 Bona fide agricultural property; preferential assessment; additional forms - CA .............................................................................................................HR 21 Bona fide conservation use property; include wildlife habitat and production ...................................................................................................HB 1416

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4398

INDEX

Bona fide conservation use property; notification; expiration of covenants .......................................................................................................HB 1103
Bona fide conservation use property; undeveloped riverside or streamside lands.................................................................................................HB 1107
Cemeteries; removal of isolated abandoned burial plots; provisions...................HB 1645 Coastal Marshlands Protection Act; private docks; amend provisions ....................HB 51 Coastal marshlands; protection provisions; exempt certain property.....................HB 178 Condominiums; clarification of provisions ............................................................HB 210 Conform Code references to House and Senate committee names........................HB 846 Construction defects; alternative dispute mechanism ............................................ SB 563 Counties and consolidated governments; private trespass
towing; licenses..................................................................................................HB 1145 Counties; private trespass towing; licenses ..........................................................HB 1150 Crimes; improvements to real property; certain contract offenses.......................HB 1389 Deeds conveying title; recordation; additional requirements...............................HB 1647 Dispossessory proceedings; answer to summons; payment of filing fee .............HB 1505 Dispossessory proceedings; certain property deemed abandoned........................HB 1378 Eastern Cherokee Indian Tribe; revise address ........................................................ SB 93 Education funding; ad valorem tax relief; impose 1 percent
sales tax - CA.....................................................................................................HR 1371 Education funding; ad valorem tax relief; impose 1 percent
sales tax - CA.....................................................................................................HR 1372 Education property tax relief grants; provisions ..................................................HB 1543 Education property tax relief grants; provisions...................................................HB 1544 Electric power plants; remove power of eminent domain......................................HB 664 Electronic monitoring devices; condition of probation; unlawful
interference .......................................................................................................... SB 469 Eminent domain; electric transmission line; prohibit; exception ...........................HB 671 Eminent domain; municipal corporations; transfer interest in property...............HB 1646 Estate tax; amend certain definitions....................................................................HB 1073 Estate tax; amend definitions....................................................................................HB 66 Exemptions from levy and sale; certain reciprocal exemption .............................. SB 347 Farmland Protection Act; enact ..............................................................................HB 822 Financial institutions; amend provisions ................................................................ SB 405 Funk Heritage/Bennett Center at Reinhardt College; designate as
official Frontier and Southeastern Indian Interpretive Center.............................HB 494 Georgia Neighborhood Protection Act; enact ........................................................HB 131 Graffiti; compensation to property owners; local governments
establish programs ............................................................................................... SB 312 Graffiti; compensation to property owners; use of inmate labor to
remove from private property .............................................................................. SB 313 Guardians of incapacitated adults; amend provisions ..........................................HB 1314
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INDEX

4399

Homestead exemption; state-wide base year assessed value - CA...........................HR 22 Homestead exemption; state-wide base year assessed value - CA...........................HR 80 Income tax credits; home improvements and community
improvement districts ..........................................................................................HB 543 Industry, Trade, and Tourism, Department of; powers; real property.................... SB 531 Insurance; property and casualty; location of agents............................................HB 1134 Insurance; property or casualty; premium financing............................................HB 1133 Insurance; service of orders and notices; authorize electronic
mail; property insurance; claim against policy; define......................................HB 1263 Intangible tax; payment; recording of instruments.................................................HB 513 Intangible tax; property in more than one county; prorated payment ..................HB 1665 Interfering with electronic monitoring devices; define offense ...........................HB 1160 Joint Study Committee on Coastal Marshlands Protection; create ........................HR 271 Joint Study Committee on Location of Electric Transmission
Lines; create......................................................................................................... SR 308 Landlord and tenant; disposition of tenant's property; landlord's liability .............HB 762 Liens of hospitals and nursing homes; physician practice;
cause of action liens...........................................................................................HB 1303 Liens; treatment, board, or care of animals; change provisions .............................HB 941 Local authorities; sale or disposition of real property ..........................................HB 1575 Motor vehicles abandoned on public property; removal by peace officer .............HB 950 Municipal corporations; lease property to nonprofit corporations;
recreation ...........................................................................................................HB 1565 Municipalities; private trespass towing; license fees ...........................................HB 1643 New residential subdivisions; restrictive covenants; applicability.........................HB 389 Nuisance abatement liens and tax liens; collection; tax sales;
certain foreclosures .............................................................................................. SB 182 Nuisances; companion animal establishments; provisions...................................HB 1429 Personal property in custody of law enforcement agency; disposition ..................HB 484 Persons convicted of certain offenses entering certain property;
criminal trespass ..................................................................................................HB 364 Property in industrial area; owner voluntarily remove - CA..................................HR 144 Property insurance; warranty service agreements; surety bonds..........................HB 1737 Property Owners' Association Act; change certain provisions;
clarify applicability ..............................................................................................HB 208 Property owners' associations; owners; right of access to records .........................HB 965 Property sold for taxes; amend redemption amount.................................................HB 89 Property sold for taxes; foreclosure; right of redemption ......................................HB 769 Property sold for taxes; redemption amount...........................................................HB 477 Property unlawfully obtained; photographic record...............................................HB 195 Purchasing property at tax sales; registration of business ......................................HB 737 Real estate transfer tax; amend provisions ...........................................................HB 1070 Redevelopment; tax allocation districts; amend certain provisions .....................HB 1639

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4400

INDEX

Regional development centers; acquisition of property; lease-purchase .............HB 1563 Residential real property; freeze value; ad valorem tax; assess
at acquisition date value - CA..................................................................................HR 2 Residential real property; freeze value; ad valorem tax; market
value at acquisition - CA ..................................................................................... SR 311 Revenue laws; erroneous tax lien; correction provisions .........................................HB 58 Sales tax exemption; liquidation of estate of deceased person.............................HB 1642 Sales tax; temporary rate change ............................................................................HB 520 School buildings; construction, demolition, or renovation;
notify adjacent property owners ........................................................................HB 1426 Security deposits; certain military service; termination of lease............................ SB 560 Self-service storage; redefine personal property; disposition of
unclaimed property .............................................................................................. SB 403 Special master; inverse condemnation; provisions.................................................HB 868 Tax amnesty and property tax amnesty programs; provisions ...............................HB 354 Tax executions; issuance and transfer; prompt handling .....................................HB 1187 Tax executions; issuance; amend certain provisions............................................HB 1071 Tax executions; issuance; amend provisions............................................................HB 74 Tax levies and executions; amend provisions regarding sales .................................HB 73 Tax sales; notice period; redemption amount.......................................................HB 1503 Tax sales; notice period; redemption amount.......................................................HB 1520 Tax sales; redemption of property; amend provisions .........................................HB 1170 Tax sales; redemption of property; amend provisions .........................................HB 1188 Tax sales; redemption of property; amount payable ..............................................HB 538 Tax sales; redemption of property; amount payable ............................................HB 1197 Tax sales; redemption of property; personal service of certain notice...................HB 654 Taxable net income; exclude certain capital gains; condemned property............HB 1255 Unclaimed property; certain dividends or capital credits; disposition .....................HB 24 Unclaimed property; disposition of unpaid wages; change provisions ..................HB 744 Unclaimed property; disposition; unpaid wages deemed abandoned.....................HB 733 Waste management; sewage permits; redesignate certain provisions..................HB 1468 Water reservoirs; locally funded; state-takeover; compensation............................ SB 246
PROSECUTING ATTORNEYS Attorney General; prosecution of certain persons; authority ................................. SB 424 County law libraries; board members; use of collected funds ................................. SB 83 District attorneys emeritus; compensation; increase ................................................HB 55 Drivers' licenses; certain suspension; law enforcement officer's legal representation ..............................................................................................HB 678 Employees' Retirement and Judicial Retirement; certain membership; creditable service ...........................................................................HB 923 Employees' Retirement and Judicial Retirement; prior service as assistant district attorney; service credit..........................................................HB 753

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INDEX

4401

Employees' Retirement; assistant district attorneys; credit for certain previous service .......................................................................................HB 292
Employees' Retirement; Prosecuting Attorneys' Council; certain prior service credit; provisions ............................................................................HB 878
Indigent defense; Public Defender Standards Council; members ........................HB 1318 Judicial Retirement; certain judges; transfer from Employees' Retirement ...........HB 976 Judicial Retirement; certain prior county service; credit........................................HB 933 Judicial Retirement; members transfer contributions from
Employees' Retirement System ...........................................................................HB 224 Juvenile justice reform; training programs; pretrial proceedings;
indictment ..........................................................................................................HB 1299 Municipal courts; pretrial intervention and diversion programs ............................HB 821
PSYCHOLOGISTS Authority to prescribe drugs; create psychopharmacological formulary ...............HB 717 Crime victims; restitution; certain medical costs ................................................... SB 419 Divorce; grounds; time limits; effect on children; class for parents ...................... SB 298 Expert testimony; professional malpractice actions; provisions ..........................HB 1337 Health Care Protection Act; health care licensing violations; penalties................ SB 162 Premarital counseling; financial incentive; marriage licenses .............................HB 1451 School psychologists; national certification; salary increase .................................HB 808 State licensing board; reduce number of members.................................................HB 597
PUBLIC ASSISTANCE (See Social Services)
PUBLIC BUILDINGS Aaron Cohn Regional Youth Detention Center; designate ..................................HR 1530 Buildings and housing; plumbing fixtures; water flow ........................................HB 1467 Public property; restrooms; standards ..................................................................HB 1620 Residential and General Contractors, State Licensing Board; create...................HB 1003 Roofing contractors; regulation ............................................................................HB 1037 Sales tax exemption; certain symphony halls.......................................................HB 1332 Sales tax exemption; certain symphony halls.......................................................HB 1386 Sales tax exemption; certain symphony halls.......................................................HB 1511 Smoking in public places; prohibitions; certain exceptions .................................HB 1670
PUBLIC CONTRACTS Administrative Services, Department of; multiyear contracts; real property.......................................................................................................HB 1696 Bid opportunities for local governments and boards of education; advertisements.................................................................................... SB 342 Contracts for school principals; date for tendering ................................................HB 360 Contracts; public works; prohibit certain requirement .........................................HB 1009

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4402

INDEX

Georgia Procurement Registry; certain bid advertisements; local governments ..............................................................................................HB 1260
Georgia Procurement Registry; certain bid opportunities; advertisement .............HB 409 Iraq; postwar rebuilding; urge president and Congress include
African Americans...............................................................................................HR 744 Local government contracts; optional bidding preference;
local businesses..................................................................................................HB 1834 Public-Private Infrastructure Act of 2003; enact.................................................... SB 273 Public roads and transportation projects; design-build procedures........................ SB 553 Public roads; design-build contracts; definitions and provisions .........................HB 1644 Public works construction; bidding conditions; certain prohibition....................... SB 599 School systems; purchasing contracts over $5000; regulations ............................. SB 294 State agencies; contracts for services; prohibit outside U.S.................................HB 1281 State government; certain privatization contracts; amend provisions..................HB 1153 State government; executive branch; privatization contracts...............................HB 1210 State government; privatization contracts; revise provisions...............................HB 1326 State purchasing; budget emergency; Governor reduce costs................................HB 571 State purchasing contracts; preference for Georgia vendors..................................HB 200 State purchasing; vendor requirements; contracts ................................................HB 1457 State purchasing; vendors; additional requirements.............................................HB 1240
PUBLIC HEALTH AND MORALS, OFFENSES AGAINST Bingo; fee for conducting games; increase...............................................................HB 87 Bingo games; operation by auxiliary unit of parent organization ..........................HB 772 Bingo; operation of games; auxiliaries................................................................... SB 492 Bona fide coin operated amusement machines; regulation ....................................HB 891 Child abuse, sexual abuse or exploitation; failure to report; define offense.....................................................................................................HB 1551 Children's Internet Protection Act; enact; schools, libraries; funding for computers ......................................................................................................... SB 52 Cigarettes and tobacco products; prohibit possession by minors; exceptions ...............................................................................................HB 653 Cigarettes and tobacco products; sales to minors; amend provisions ....................HB 894 Coin operated amusement machines; revise provisions.........................................HB 573 Computer pornography and child exploitation prevention; unlawful acts; penalties.......................................................................................... SB 51 Computer pornography and child sexual exploitation; increase penalties ............. SB 124 Crimes; abortion; make unlawful ...........................................................................HB 377 Crimes against children; negligence, cruelty, methamphetamines, serious injury, sexual abuse ...............................................................................HB 1108 Crimes against minors; criminal negligence, cruelty, serious injury; redefine...................................................................................................HB 1057

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INDEX

4403

Crimes against minors; criminal negligence, cruelty, serious injury; redefine...................................................................................................HB 1329
Keeping a place of prostitution; penalties ................................................................ SB 77 Professions and businesses; amend certain provisions; Soil
Scientists Licensing Act of 2004; enact............................................................... SB 449 Public transit; buses, rapid rail cars, stations; allow bottled water.........................HB 778 Public transportation; certain offenses; local jurisdiction ....................................HB 1690 Remove Code references to registered public accountants .................................... SB 449 Senate Bill 23; urge consideration by House..........................................................HR 722 Sexually offensive material or content; distribution through
electronic media....................................................................................................... SB 5 Smokefree Air Act of 2004; enact.......................................................................... SB 507 Smoking in motor vehicle with child in car seat; define offense .........................HB 1138 Smoking in public places; prohibitions; certain exceptions .................................HB 1670 Tattooing near the eye; prohibition; expand exception ..........................................HB 183 Weapons; unauthorized possession; affirmative defense .......................................HB 193
PUBLIC HEALTH, DEPARTMENT OF; commend.........................................HR 1379
PUBLIC INITIATIVE REFERENDUMS; provisions - CA ..................................HR 44
PUBLIC OFFICERS AND EMPLOYEES Accident and sickness insurers; prohibit limitation; geographic location............HB 1232 Assault and battery against county or municipal officers; penalties ....................HB 1219 Autopsies; certain persons; governor's authority to order ....................................HB 1148 Bail bond business; allow attorneys to indirectly engage in but not manage...................................................................................................HB 1206 Bail bondsmen; allow service as certain elected officials ....................................HB 1086 Budget Act; eliminate continuation budget report; apply zero-base budgeting ................................................................................................. SB 8 Captive insurance companies; workers' compensation contracts; amend provisions ..............................................................................HB 1623 Carrying weapons at school functions or safety zones; exceptions to prohibition ...................................................................................HB 1225 Certain deaths; persons in compensated care; notify coroner ................................HB 357 Certain property and records; preservation ..........................................................HB 1026 Civil offices; high school diploma required; provide...........................................HB 1308 Code of ethics for government service; lobbying, nepotism, gifts, campaign contributions; comprehensive revision of provisions ................ SB 108 Continuation budget reports; agencies justify programs ........................................HB 875 Coroners and deputy coroners; compensation......................................................HB 1280 County officers; include certain coroners - CA......................................................HR 562
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4404

INDEX

Criminal Justice Coordinating Council; membership; law enforcement officers; liability insurance for certain temporary service.............. SB 427
Deferred compensation; special pay plan; terminal leave ....................................HB 1536 Deferred compensation; terminal leave; special pay plan ...................................... SB 486 Defined contribution plans; employer and employee contributions.......................HB 475 Department of Probation and Parole Community Based
Supervision; create.............................................................................................HB 1154 Division of probation and parole community based supervision; create .............HB 1163 Elected officials; party affiliation; certain prohibition - CA ....................................HR 89 Elected officials; prohibit party affiliation change; exception - CA ......................HR 355 Elected public officers; residency requirements; oath and affidavit ......................HB 405 Election fraud; information leading to arrest; reward ..............................................HB 14 Emergency management agencies; certain employees; indemnification ............... SB 218 Employees' health insurance plan; include agricultural commodity
commission employees ........................................................................................HB 101 Employees' Retirement and Judicial Retirement; prior service as
assistant district attorney; service credit ..............................................................HB 753 Employees' Retirement and Teachers Retirement; unused sick
leave; credit..........................................................................................................HB 817 Employees' Retirement; assistant district attorneys; credit for
certain previous service .......................................................................................HB 292 Employees' Retirement; certain court administrators; certain
service credit ........................................................................................................HB 838 Employees' Retirement; certain employees of Motor Vehicle
Safety Department; certain benefits.....................................................................HB 491 Employees' Retirement; certain Housing and Finance Authority
employees; service payment ..............................................................................HB 1237 Employees' Retirement; certain law enforcement personnel;
benefit formula.....................................................................................................HB 476 Employees' Retirement; certain law enforcement personnel;
enhanced retirement benefit.................................................................................HB 426 Employees' Retirement; certain members; purchase additional years ...................HB 480 Employees' Retirement; certain prior service; creditable service...........................HB 394 Employees' Retirement; certain temporary full-time service; credit......................HB 498 Employees' Retirement; disability benefits; maximum compensation.................HB 1034 Employees' Retirement; forfeited leave; include from prior service......................HB 746 Employees' Retirement; group term life insurance; definition...............................HB 607 Employees' Retirement; Indigent Defense Council; change designation.............HB 1137 Employees' Retirement; Prosecuting Attorneys' Council;
certain prior service credit; provisions ................................................................HB 878 Employees' Retirement; reduced retirement allowance and
partial lump sum payment; provisions.................................................................HB 914

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INDEX

4405

Employees' Retirement; spouse's survivor benefits; change of beneficiaries.....................................................................................................HB 609
Employees' Retirement; tax officials' employees; membership .............................HB 382 Employees' Retirement; 30 years' service; project to age 65 .................................HB 552 Employees' Retirement; 31 years' service; project to age 65 .................................HB 553 Employees' Retirement; 32 years' service; project to age 65 .................................HB 554 Employees' Retirement; 33 years' service; project to age 65 .................................HB 555 Ethics; campaign contribution disclosure reports; transfer
filing to State Ethics Commission ....................................................................... SB 144 Ethics; Code of Fair Campaign Practices; provisions ..........................................HB 1769 Ethics; disclosure reports and delivery envelopes; file together ..........................HB 1262 Ethics; disposition of excess campaign contributions .............................................. SB 82 Ethics; distribution of campaign contributions; ordinary and
necessary expenses .............................................................................................. SB 338 Ethics in government; amend provisions................................................................HB 771 Ethics in government; comprehensive reforms ...................................................... SB 168 Ethics in government; comprehensive revisions of provisions .............................. SB 517 Ethics; reforms; campaign contributions; activities on behalf of inmates ............... SB 31 Ethics reforms; public officials' conduct and lobbyist
disclosure; awarding of contracts to vendors; judicial appointments.................. SB 109 Fraud, waste, abuse in state operations; whistle blower;
prohibit retaliation................................................................................................HB 708 General Assembly and Lieutenant Governor; temporary
reduction in salary.................................................................................................. SB 76 General Assembly members; annual salaries; reduce 5 percent ............................HB 192 General Assembly members; salary; four equal monthly payments ......................HB 897 General Assembly, Lt. Governor, House Speaker; term limits - CA .....................HR 354 Governor; appointment of agency heads; qualifications ......................................HB 1275 Governor's powers; cabinet of advisers, removal of boards,
constitutional officers; and public officials - CA ..............................................HR 1258 Health insurance; state employees no longer covered by federal
insurance plan ...................................................................................................... SB 282 High school diploma; requirement to hold state office - CA ...............................HR 1117 Indemnification; government employed firefighters; rebuttable
presumption .......................................................................................................HB 1297 Industries for the Blind; manufactured products; purchase by
state employees; exception ..................................................................................HB 256 Industry, Trade, and Tourism, Department of; change name...............................HB 1529 Inmate transfers; limitations on requests ................................................................HB 741 International Affairs Coordinating Council; create ................................................HB 324 Judicial vacancies; appointment by governor; prohibition; exemption..................HB 675

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4406

INDEX

Law enforcement and emergency personnel; line-of-duty disability; certain infections................................................................................. SB 604
Law enforcement officer or fire fighter; claims for temporary disability ............HB 1574 Legislative and congressional reapportionment; specify
requirements; community of interest ..................................................................... SB 91 Lobbying; prohibit expenditure of public funds..................................................... SB 446 Managed health care plans; right to independent review;
include state employees .......................................................................................HB 697 Nonprofit hospitals and employees; liability insurance; provisions.......................HB 326 Notaries public; amend provisions; superior court fees .......................................HB 1617 Payroll deductions; Higher Education Savings Plan ............................................HB 1118 Perpetrators of felonies; local government rewards; remove limitation ................HB 359 Public officers; appointed or elected; financial disclosure provisions .....................HB 62 Public officials; decrease in salary .........................................................................HB 568 Public Service Employees' Occupational Safety and Health Act; enact ................HB 277 Religious heritage; recognize; prepare documents; counties display...................HB 1537 Salaries of certain state officials; 10 percent reduction..........................................HB 222 Secretary of State; director of protocol and international affairs;
create position ......................................................................................................HB 458 State agencies; furloughs or reduction in force; prohibit hiring;
exceptions ..........................................................................................................HB 1708 State employees' health insurance; certain community service retirees.................HB 594 State employees' health insurance; coverage; certain health centers....................HB 1751 State employees' health insurance; fiscal condition; annual reports ....................HB 1320 State employees; certain office holders; use of annual and personal leave............HB 348 State employees; consumer driven health plan option; provisions ........................ SB 344 State employees; payroll deductions; certain federated charitable
organizations........................................................................................................ SB 584 State employees; retirement options; early retirement incentives.......................... SB 159 State highway employees; indemnification; eligibility date ..................................HB 332 State purchasing; budget emergency; Governor reduce costs................................HB 571 Supplemental appropriations; revenue shortfall and mid-year
adjustment reserve .............................................................................................HB 1189 Theft; certain fiduciaries; increased penalties ......................................................HB 1463 Whistleblower Protection Act; enact......................................................................HB 165
PUBLIC ORDER AND SAFETY, OFFENSES AGAINST Assault Weapons Protection Act; enact................................................................HB 1380 Carrying weapons at school functions or safety zones; exceptions to prohibition......................................................................................................HB 1225 Carrying weapon without a license; exempt certain court clerks.........................HB 1214 Carrying weapon without a license; prohibit; exception to prohibition ...............HB 1010
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INDEX

4407

Deadly weapons; carrying to public gathering; exception to prohibition ................HB 30 Handguns; license fees; exempt law enforcement officers ....................................HB 499 Judicial Emergency Act of 2004; enact................................................................HB 1450 License to carry pistol; law enforcement officer; no fee ........................................HB 870 Loaded firearm in private vehicle; repeal certain provisions .................................HB 113 Motor vehicles and traffic; implied consent warning; amend provisions ............HB 1765 Open meetings and records; amend provisions ......................................................HB 827 Peeping Toms; expand description.......................................................................HB 1493 Peeping Toms; spying upon or invading the privacy of another............................ SB 151 Terrorists and weapons of mass destruction; urge Congress
support President's effort to protect U. S. ............................................................HR 988 Weapons; carrying without license; repeal certain power of governor................HB 1741 Weapons; transporting loaded firearm in vehicle; delete certain language..............HB 40 Weapons; unauthorized possession; affirmative defense .......................................HB 193
PUBLIC PROPERTY Administrative Services, Department of; multiyear contracts; real property.......................................................................................................HB 1696 Bartow, Chatham, Cobb, Coffee, Floyd, Glynn, Harris, Lowndes, Meriwether, and Stephens counties; convey property......................................... SR 652 Burke, Chatham, Clarke, Cobb, Dougherty, Gilmer, Gwinnett, Houston, Floyd, Jasper, Liberty, Meriwether, and Union counties; grant easements .................................................................................... SR 651 Butts County; regional airport; feasibility study .................................................... SR 589 Confederate History and Heritage Month; confederate memorials; designate ............................................................................................................HR 1442 Department of Natural Resources; assign law enforcement personnel on certain public beaches ....................................................................HR 604 Henry McNeal Turner Tribute Commission; create; authorize statue ................... SR 682 National preserve in corridor of Ocmulgee and Altamaha Rivers; urge Congress create .............................................................................HR 1256 Public funds; certain write-offs; Department of Technical and Adult Education ..........................................................................................HB 1582 Public officers and employees; certain property and records; preservation........................................................................................................HB 1026 Public property; restrooms; standards ..................................................................HB 1620 Redevelopment commissions; local authority of certain property; jurisdiction retroceded by federal government .................................... SR 858 Richmond County; convey property; Chatham County; lease property ................ SR 704 State and local governments; Ten Commandments display; authorize................HB 1609 State and local governments; Ten Commandments display; authorize................HB 1633 State buildings; comply with Leadership in Energy and Environmental Design Green Building Rating System standards.......................HB 127

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4408

INDEX

State property; naming for elected public official; amend provisions .....................HB 17 Ten Commandments; display; Pledge of Allegiance and
national motto; right to recite - CA....................................................................HR 1348 Towers, Admiral John Henry; authorize placement of
portrait in state capitol ......................................................................................... SR 942 Zell Bryan Miller Tribute Commission; create; authorize statue........................... SR 561
PUBLIC RECORDS Agricultural Water Conservation Incentive Program; create ................................. SB 436 Bondsmen relying on accuracy of certain records; immunity................................HB 990 Coin operated amusement machines; revise provisions.........................................HB 573 Courts; mandatory sealing of records; certain circumstances ..............................HB 1331 Disclosure; minors; redact identifying information .............................................HB 1358 Disclosure; exempt personal information of certain employees ............................ SB 451 Drivers' licenses; certain records; furnish to Georgia Bureau of Investigation ..................................................................................................HB 1687 Economic Development and Fiscal Accountability Act; enact..............................HB 860 Emergency safety plans; unified incident command system; Airport Anti-Terrorism Training Committee....................................................... SB 243 Exemptions from disclosure ...................................................................................HB 467 Family Violence Shelter Confidentiality Act of 2004; enact ................................. SB 147 Financial institutions; disclosure of certain information; consumer's consent required ................................................................................HB 184 Georgia Emergency Management Agency; state government safety plans; exemptions......................................................................................HB 632 Inspection; certain requests to be in writing...........................................................HB 833 Motor vehicles; certain records; subject to Driver's Privacy Protection Act ......................................................................................................HB 743 Open records; amend provisions ............................................................................HB 827 Open records; certain exemption; redact identifying information .........................HB 331 Open records; exception to disclosure; security issues ..........................................HB 384 Open records; exemption; certain personal information ........................................HB 903 Open records; exemption; certain personal information ......................................HB 1594 Open records; exemption; Georgia Sports Hall of Fame Authority.....................HB 1638 Open records exemption; public water supply or sewage systems; judicial review in camera ......................................................................HB 807 Open records; exemption; public water supply systems or sewage systems ....................................................................................................HB 703 Open records requests; compliance; Internet records.............................................HB 532 Property owners' associations; owners; right of access to records .........................HB 965 Public officers and employees; certain property and records; preservation........................................................................................................HB 1026 Revenue, Department of; certain disclosure; taxpayer records ............................HB 1461

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INDEX

4409

State and local tax revision; uniform sales and use tax administration................HB 1437 Sunshine in Litigation Act; enact .........................................................................HB 1019 Tax disputes; taxpayer information; prohibit disclosure ......................................HB 1432
PUBLIC SAFETY, DEPARTMENT OF (Also, see Drivers' Licenses or Law Enforcement Officers and Agencies) Economic Development and Public Safety Act; enact...........................................HB 578 Economic Development and Public Safety Act; enact.........................................HB 1483 Employees' Retirement; certain law enforcement personnel; benefit formula.....................................................................................................HB 476 Employees' Retirement; certain law enforcement personnel; enhanced retirement benefit.................................................................................HB 426 Employees' Retirement; certain public safety personnel; enhanced benefit ..........HB 548 Law enforcement officer; disabled in line of duty; retention of weapon and badge................................................................................................HB 158 Public safety; uniform state-wide radio codes and signals; create .......................HB 1088
PUBLIC SCHOOL EMPLOYEES Carrying weapons at school functions or safety zones; exceptions to prohibition ...................................................................................HB 1225 Crimes against public school employees; redefine school property; school bus drivers; mandatory training..............................................HB 1179 Education; high-performing schools; exemptions from certain requirements.......................................................................................................HB 1636 Income tax credit; certain teachers and paraprofessionals ...................................HB 1530 Income tax credit; certain teachers or paraprofessionals........................................HB 453 Retirement; age 60 or 30 years' credit ....................................................................HB 276 School counselors; national certification; salary increase......................................HB 761 School psychologists; national certification; salary increase .................................HB 808 Whistleblowers' Protection Act for Public School Employees; enact.................... SB 254
PUBLIC UTILITIES AND TRANSPORTATION Communication service and devices; unlawful access; penalties ..........................HB 867 Conform Code references to House and Senate committee names........................HB 846 Counties and municipalities; public water and sewage systems; prohibitions; exceptions.....................................................................................HB 1205 Electric, natural gas, and local phone companies; payment centers.......................HB 311 Electric or gas utility rate hearings; ex parte communication; penalties..............HB 1328 Electric utilities; renewable energy goals...............................................................HB 586 Emergency "9-1-1" system; interoperable communications; wireline and wireless .........................................................................................HB 1518 Emergency '911' systems; joint authorities; intergovernment contracts ..............HB 1746 Eminent domain; electric transmission line; prohibit; exception ...........................HB 305

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4410

INDEX

Eminent domain; electric transmission line; Public Service Commission issue certificate .................................................................................HB 22
Eminent domain; electric transmission lines; provisions; certain exceptions ................................................................................................HB 373
Family Violence Shelter Confidentiality Act of 2004; enact ................................. SB 147 Income tax credits; less developed areas; certain business
enterprises; military bases...................................................................................... SB 11 Joint Study Committee on Location of Electric Transmission
Lines; create......................................................................................................... SR 308 Local government; cable television providers; franchising provisions.................. SB 445 Local government; water utility services; rates and fees......................................HB 1060 Mass transportation service; increase limit of state funds......................................HB 263 Motor carriers; certain 911 service; vehicles and loads; amend provisions.........HB 1248 Motor vehicles; definitions; lane restrictions; HOV lanes ..................................... SB 489 Municipal utility accounts; collection; statute of limitations .................................HB 631 Natural gas competition and deregulation; regulated providers;
amend provisions .................................................................................................HB 889 Natural gas marketers; bills; late fees...................................................................HB 1430 Natural gas services; rate-making method; provisions.........................................HB 1514 Natural gas; universal service fund; extending services.......................................HB 1671 Plasma arc technology; renewable energy; state recognize .................................HR 1759 Public-Private Infrastructure Act of 2003; enact.................................................... SB 273 Public roads and transportation projects; design-build procedures........................ SB 553 Public Service Commission; administrative fees; collection ...............................HB 1356 Public Service Commission; authority to regulate rates; pilot project .....................HB 50 Public service corporations or utilities; increase certain fees...............................HB 1354 Public transportation; certain offenses; local jurisdiction ....................................HB 1690 Public transportation; corporation or authority; General
Assembly create - CA ..........................................................................................HR 818 Sales tax exemption; gas producing electricity; in-state use ................................HB 1502 Taxicabs; regulation by Department of Motor Vehicle Safety ..............................HB 437 Telecommunication companies; process for disputing charges; disclosure.........HB 1149 Telecommunications; audible universal information access
services; blind and print disabled citizens .........................................................HB 1055 Telecommunications; income tax credits; less developed areas .............................. SB 11 Telephone service; collect long distance calls; required announcement................HB 604 Trains; operation, whistles, lights; remove certain provisions .............................HB 1022 Unclaimed property; certain dividends or capital credits; disposition .....................HB 24 Utility contractors and systems; definitions; licensing and
certification requirements; safety training .........................................................HB 1300 Utility facilities protection; excavating and blasting; amend provisions .............HB 1352

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4411

PUBLICATIONS Business and occupation tax; adult bookstores and entertainment outlets and explicit media outlets ........................................................................HB 964
PURPLE HEART HIGHWAY Designate ................................................................................................................HR 103 Designate ..............................................................................................................HR 1191 Designate portion of State Route 232.....................................................................HR 398
PURPLE HEART TRAIL; designate Interstate 95 within Georgia.......................HR 625
PURPLE HEART WEEK; recognize August 6-12, 2004....................................HR 1944
PUTNAM COUNTY Homestead exemption; base year assessment ......................................................HB 1367 Homestead exemption; certain residents ..............................................................HB 1364 Homestead exemption; education; base year assessment.....................................HB 1365 Homestead exemption; education; certain residents ............................................HB 1366
Q
QUALITY BASIC EDUCATION Athletic associations; permit certain region or classification changes.................HB 1213 Bill of rights for Georgia teachers; enact................................................................HB 275 Driver education; local boards offer as elective; funding ......................................HB 281 Education flexibility and accountability; school councils; charter schools............ SB 429 Education; certificated professional personnel; compensation ..............................HB 271 Education; deaf students; certification of interpreters............................................HB 295 Education; K-12 public education system; urge standard grading system............. SR 850 Education laws; amend provisions .......................................................................HB 1190 Education; mandatory attendance; change age to 17 .............................................HB 179 Education; state mandated student assessments; exempt certain international students .............................................................................................HB 33 Endangering a child's education; failure to enroll; penalties..................................HB 406 High priority school teachers; student loan repayments...........................................HB 99 Local boards of education and school councils; amend provisions .....................HB 1208 Local share funds; equalization grants; midterm adjustment ...............................HB 1539 School councils; amend provisions; State of the School presentation ...................HB 390 School counselors; national certification; salary increase......................................HB 761 Special K-12 Distance Learning School; create ..................................................... SB 579 Student improvement; waiver of certain provisions; exceptions .........................HB 1535
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4412

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Students in transit; certain conditions; not to be counted tardy or absent......................................................................................................HB 434
Teachers; rights for continued employment; restore ................................................HB 81
QUEEN, ROGER G.; commend ...........................................................................HR 1800
QUITMAN COUNTY Homestead exemption; certain residents ................................................................HB 667 Homestead exemption; certain residents ..............................................................HB 1143

R
RABUN COUNTY Ridgecrest Hospital facilities; certain compliance ...............................................HB 1747
RACETRACKS Counties and municipalities; authorization; pari-mutuel betting and casino gambling CA.....................................................................HR 1421 House Study Committee on Pari-mutuel Betting and Casino Gambling; create................................................................................................HR 1124 House Study Committee on Pari-mutuel Betting on Horse Racing; create ......................................................................................................HR 781 Pari-mutuel wagering; General Assembly provide by law CA ...........................HR 547
RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS Redefine racketeering activity; include payday lending ........................................ SB 157
RADAR SPEED DETECTION DEVICES Certain 30-day limitation; work zone speeding violations.....................................HB 329 Delete certain requirement; permit use while application pending ........................HB 188 Motorcycles; certain traffic-control signals; regulations......................................HB 1251 Motor vehicles; maximum speed limits for trucks; exception ...............................HB 353 Required warning signs; change size......................................................................HB 313 Surveillance technology on highways; prohibit recorded images of persons in motor vehicles.................................................................... SB 603 Traffic control signal monitoring devices; prohibit recording image of driver...................................................................................................HB 1268
RADFORD, NINA; commend .................................................................................HR 978

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4413

RADIATION CONTROL Savannah River Site; radiation monitoring program; urge Congress restore.................................................................................................HR 1685
RADIO COMMON CARRIERS Communication service and devices; unlawful access; penalties ..........................HB 867 Emergency "9-1-1" system; interoperable communications; wireline and wireless .........................................................................................HB 1518 Emergency '911' systems; joint authorities; intergovernment contracts ..............HB 1746 Income tax credits; certain counties; wireless telecommunications carrier .........HB 1515 Income tax credits; certain counties; wireless telecommunications carrier .........HB 1516 Income tax credits; qualified broadband equipment ..............................................HB 961 Motor vehicles; radio and other sound-making devices; limits on sound volume........................................................................................HB 302 Motor vehicles; radios and mobile phones; prohibit certain use............................HB 125 Public safety; uniform state-wide radio codes and signals; create .......................HB 1088 Torts; "Levi's Call: GA's Amber Alert Program"; liability; exempt broadcasters...........................................................................................HB 1075
RAILROADS Arson in the first, second, and third degree; define offenses ................................. SB 184 Highways; transportation facilities; bicycles and passenger trains ......................HB 1465 Proposal for September 2006 Start of Commuter Rail from Lovejoy on the Macon Line to Atlanta; express support...................................HR 1324 Public roads and transportation projects; design-build procedures........................ SB 553 Public service corporations or utilities; increase certain fees...............................HB 1354 Railroad crossings; elimination; petition provisions ............................................HB 1254 Reckless conduct; railroad employee injured on job; medical treatment.............HB 1324 Trains; operation, whistles, lights; remove certain provisions .............................HB 1022
RAINWATER, SUE; commend ............................................................................HR 1656
RANDALL, HONORABLE NIKKI T. Committee assignment....................................................................................... Page 3074 Communication.................................................................................................... Page 159
RANDALL, NEKEISHA; 4-H honoree; commend ................................................HR 991
RANDOLPH COUNTY Homestead exemption; certain residents ................................................................HB 399 Homestead exemption; certain residents ..............................................................HB 1144 Pataula Judicial Circuit; change certain terms of court ........................................HB 1373
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4414

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RANDOLPH-CLAY HIGH SCHOOL Boys basketball team; commend ..........................................................................HR 1691 Girls basketball team; commend ..........................................................................HR 1690
RANEY, WILLIAM; condolences........................................................................HR 1290
RAYKIN, JULIA; commend .................................................................................HR 1488
RAYNOR, JENNIFER L.; commend ...................................................................HR 1484
REAL ESTATE (Also, see Property) Brokers and salespersons; delete Code references to registered public accountants............................................................................... SB 449 Closings; unfair trade practice; licensee conducting closing; remove provision ...............................................................................................HB 1311 Crimes; improvements to real property; certain contract offenses.......................HB 1389 Intangibles; real estate transfer tax; amend provisions.............................................HB 77 Mortgage loan officers; definitions and provisions..............................................HB 1385 Residential real property; freeze value; ad valorem tax; market value at acquisition - CA ......................................................................... SR 311 Sales tax exemption; certain school supplies and dormitory items; limited time .............................................................................................HB 1504 Special license plates; Georgia Association of Realtors ......................................HB 1383 Transfer tax; amend provisions ................................................................................HB 77 Transfer tax; amend provisions ............................................................................HB 1070
REAPPORTIONMENT Congressional districts; amend provisions .............................................................HB 642 Congressional, House, and Senate districts; amend certain provisions................HB 1750 Docket No. 02-182; express regret; minority vote dilution....................................HR 914 General Assembly; reapportion ............................................................................HB 1454 General Assembly; reapportionment by independent commission - CA .................HR 67 House districts; amend provisions..........................................................................HB 643 House districts 132, 134, 135, 136, 137, 138, 139, 141; reapportion.....................HB 640 House districts; reapportion..................................................................................HB 1453 House districts; reapportion..................................................................................HB 1564 House districts; reapportionment; amend certain provisions ...............................HB 1749 Joint Legislative and Congressional Redistricting Study Committee; create ..............................................................................................HR 1626 Joint Study Committee on Legislative and Congressional Redistricting; create .............................................................................................HR 408 Legislative and congressional reapportionment; specify requirements; community of interest ..................................................................... SB 91

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4415

Senate districts; composition; number; apportionment .............................................. SB 2 Senate districts; reapportion ................................................................................... SB 239 Senate districts; reapportion ................................................................................... SB 522
RECKLESS CONDUCT Against peace or correctional officer; HIV or hepatitis infected person................HB 711 Railroad employee injured on job; medical treatment..........................................HB 1324
RECREATION Landfill sites; used for certain construction; required tests....................................HB 495 Schools; grades K-8; urge 30 minutes physical activity daily ...............................HR 968
REDEVELOPMENT (See Buildings and Housing)
REECE, ROBERT N., JONES COUNTY SHERIFF, AND HIS OFFICERS; commend.......................................................................HR 1104
REFUGEE FAMILY SERVICES; commend......................................................HR 1051
REGENTS RETIREMENT PLAN Teachers Retirement; university system employees; optional plan ....................... SB 253
REGIONAL DEVELOPMENT CENTERS Acquisition of property; lease-purchase ...............................................................HB 1563 Atlanta Regional Commission; certain counties; ratify partial incorporation...........................................................................................HR 1308 Ratify boundaries..................................................................................................HR 1402 State funding; additional requirement ......................................................................HB 29
RELIGION American Heritage in Education Act; documents to be posted in public school buildings ........................................................................ SB 394 Parking permits; certain transporters of persons with disabilities..........................HB 613 Premarital counseling; financial incentive; marriage licenses .............................HB 1451 Private schools; prayer at athletic events; public school participation.................HB 1290 Public funding of social services by certain organizations; exception - CA ...................................................................................................HR 1030 Public funding of social services by religious or sectarian institutions; allow - CA......................................................................................HR 1535 Public funding of social services by religious or sectarian organizations - CA ................................................................................................... SR 1 Public funding of social services by religious or sectarian organizations; prohibit discrimination - CA ........................................................HR 941

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4416

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Public funding of social services by religious or sectarian organizations; prohibit discrimination - CA ........................................................ SR 560
Public funding; social services by certain religious or sectarian institutions; exceptions .......................................................................HB 1761
Public funding; social services by religious organizations - CA..........................HR 1457 Quiet reflection in schools; clarification; silent prayer or meditation....................HB 963 Quiet reflection period; public institutions, schools, and
sporting events; urge Congress require................................................................HR 172 Religious heritage; recognize; prepare documents; counties display...................HB 1537 State and local governments; encourage display of Ten
Commandments and acknowledgement of God ................................................HR 1403 State and local governments; Ten Commandments display; authorize................HB 1609 State and local governments; Ten Commandments display; authorize................HB 1633 Ten Commandments; display; Pledge of Allegiance and
national motto; right to recite - CA....................................................................HR 1348 "The Bible in Literature and History"; urge local boards offer
as elective course ...............................................................................................HR 1255 USA as Judeo-Christian nation; urge Congress reaffirm .........................................HR 27
REMBERT OLEN MCAFEE BRIDGE; designate ............................................HR 1349
REMERTON, CITY OF; new charter ..................................................................HB 1604
RENFROE, DR. CARL GILBERT; condolences ...............................................HR 2019
RESPRESS, EMMA; invite to House .....................................................................HR 616
RESTAURANTS Common-sense Consumption Act; enact .............................................................HB 1519 Food service establishments serving tea; requirements..........................................HB 819 Public accommodations; access by motorcycle patrons.......................................HB 1276 Smoking in public places; prohibitions; certain exceptions .................................HB 1670
RETIREMENT AND PENSIONS Community service boards; full-time employment of retirees; prohibit; exception ...............................................................................HB 1128 Community service boards; retirees; prohibit re-employment; exception ...........HB 1568 Deferred compensation; special pay plan; terminal leave ....................................HB 1536 Defined contribution plans; employer and employee contributions.......................HB 475 District attorneys emeritus; compensation; increase ................................................HB 55 Education flexibility and accountability; school councils; charter schools............ SB 429 Employees' Retirement and Judicial Retirement; certain membership; creditable service ...........................................................................HB 923

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4417

Employees' Retirement and Judicial Retirement; prior service as assistant district attorney; service credit .............................................HB 753
Employees' Retirement and Teachers Retirement; unused sick leave; credit ..................................................................................................HB 817
Employees' Retirement; assistant district attorneys; credit for certain previous service..................................................................................HB 292
Employees' Retirement; certain court administrators; certain service credit ............................................................................................HB 838
Employees' Retirement; certain employees of Motor Vehicle Safety Department; certain benefits .......................................................HB 491
Employees' Retirement; certain Housing and Finance Authority employees; service payment .............................................................HB 1237
Employees' Retirement; certain law enforcement personnel; amend provisions ...................................................................................................HB 97
Employees' Retirement; certain law enforcement personnel; benefit formula.....................................................................................................HB 476
Employees' Retirement; certain law enforcement personnel; enhanced retirement benefit.................................................................................HB 426
Employees' Retirement; certain members; credit for qualified prior service ..........................................................................................HB 439
Employees' Retirement; certain members; purchase additional years ...................HB 480 Employees' Retirement; certain prior service; creditable service...........................HB 394 Employees' Retirement; certain public safety personnel;
enhanced benefit ..................................................................................................HB 548 Employees' Retirement; certain temporary full-time service; credit......................HB 498 Employees' Retirement; disability benefits; maximum compensation.................HB 1034 Employees' Retirement; forfeited leave; include from prior service......................HB 746 Employees' Retirement; group term life insurance; definition...............................HB 607 Employees' Retirement; Indigent Defense Council; change designation.............HB 1137 Employees' Retirement; Prosecuting Attorneys' Council;
certain prior service credit; provisions ................................................................HB 878 Employees' Retirement; reduced retirement allowance and
partial lump sum payment; provisions.................................................................HB 914 Employees' Retirement; spouse's survivor benefits; change of
beneficiaries .........................................................................................................HB 609 Employees' Retirement; tax officials' employees; membership .............................HB 382 Employees' Retirement; 30 years' service; project to age 65 .................................HB 552 Employees' Retirement; 31 years' service; project to age 65 .................................HB 553 Employees' Retirement; 32 years' service; project to age 65 .................................HB 554 Employees' Retirement; 33 years' service; project to age 65 .................................HB 555 Firefighters' Pension; reemployment of retired firefighters ...................................HB 809 Garnishment; exemption of certain pension funds; additional exemption.................HB 6

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4418

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Georgia Military Pension Fund; certain prior service; certain call to active duty.................................................................................................HB 464
House Study Committee on Law Enforcement Retirement; create........................HR 238 Insurance premium taxes; change provisions.........................................................HB 530 Joint Study Committee on State Retirement Plan Options; create ......................... SR 107 Judges of the Probate Courts Retirement; designated surviving
beneficiary ...........................................................................................................HB 739 Judicial Retirement; certain creditable service.......................................................HB 557 Judicial Retirement; certain judges; transfer from Employees' Retirement ...........HB 976 Judicial Retirement; certain prior county service; credit........................................HB 933 Judicial Retirement; Fulton County State Court judges; membership ...................HB 441 Judicial Retirement; members transfer contributions from
Employees' Retirement System ...........................................................................HB 224 Legislative Retirement; General Assembly; membership; prior service................HB 300 Lifetime and retirement savings accounts; urge Congress enact..........................HR 1187 Local boards of education; certain benefits; authorize funds.................................HB 328 Magistrates Retirement Fund; create......................................................................HB 618 Peace Officers' Annuity and Benefit; creditable service for
certain prior service ...........................................................................................HB 1027 Peace Officers' Annuity and Benefit; include certain fraud investigators..............HB 715 Peace officers; training requirements; exempt retired officers from fees ............HB 1216 Public officers and employees; deferred compensation;
terminal leave; special pay plan........................................................................... SB 486 Public School Employees Retirement; age 60 or 30 years' credit ..........................HB 276 Retirement and Pensions Code; corrections .........................................................HB 1246 Sheriffs' Retirement; certain retirees; return to service ........................................HB 1005 Social security; personal retirement accounts; urge Congress enact......................HR 980 State employees; retirement options; early retirement incentives.......................... SB 159 Superior Court Clerks' Retirement; death of spouse; full benefit restored.............HB 234 Superior Court Clerks' Retirement; 8 years' service; benefits ..............................HB 1036 Taxable net income; retirement income exclusion; increase..................................HB 116 Teachers Retirement; certain non-public school service; credit.............................HB 873 Teachers Retirement; certain prior service in public schools; credit .....................HB 345 Teachers Retirement; contribution rate; certain reduction .....................................HB 267 Teachers Retirement; creditable service; 29 years .................................................HB 230 Teachers Retirement; early retirement; eliminate penalty......................................HB 235 Teachers Retirement; employee's contribution rate ...............................................HB 232 Teachers Retirement; 5 years' service; vested benefit............................................HB 615 Teachers Retirement; increase retirement allowance multiplier ............................HB 233 Teachers Retirement; postretirement benefit increase............................................HB 624 Teachers Retirement; prior service; definition .......................................................HB 606

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4419

Teachers Retirement; reduced retirement allowance and partial lump sum payment; provisions.................................................................HB 917
Teachers Retirement; reemployment of retired teachers........................................HB 216 Teachers Retirement; reemployment of retired teachers........................................HB 231 Teachers Retirement; reemployment of retired teachers........................................HB 376 Teachers Retirement; reemployment of retired teachers; provisions .....................HB 366 Teachers Retirement; university system employees; optional plan ....................... SB 253 Teachers Retirement; vested after 5 years' service.................................................HB 608 Teachers Retirement; vested benefit; 5 years' membership ...................................HB 546
REVENUE (See Taxation and Revenue)
REVENUE BONDS Georgia Regional Transportation Authority; administrative assignment; Department of Transportation .......................................................HB 1760 House Study Committee on Health Care Bonds; create.......................................HR 1118 Revenue bonds; issuance of obligations; amend provisions ..................................HB 766 State and local governments; tax allocation, redevelopment, general obligation bonds...................................................................................... SB 514
REYNOLDS, STEVE Commend..............................................................................................................HR 1603 Commend..............................................................................................................HR 1882
RICE, GLORIA BETH; commend.......................................................................HR 2020
RICHESON, DON; commend ...............................................................................HR 1234
RICHMOND ACADEMY MUSKETEERS GOLF TEAM; commend ..............HR 976
RICHMOND COUNTY Convey property ..................................................................................................... SR 704 Probate judge; nonpartisan election........................................................................ SB 387 Richmond County and City of Augusta; commission; votes .................................HB 635
RICKMAN, DEBORAH; commend .....................................................................HR 1836
RICKY L. CROCKETT BRIDGE; designate .....................................................HR 1473
RINGGOLD HIGH SCHOOL WRESTLING TEAM Invite team and coach to House............................................................................HR 1526

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4420

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RIVERS, LAKES, AND HARBOR DEVELOPMENT Bona fide conservation use property; undeveloped riverside or streamside lands.............................................................................................HB 1107 Coastal Marshlands Protection Act; private docks; amend provisions ....................HB 51 Coastal marshlands; protection provisions; exempt certain property.....................HB 178 Commercial crabbing; certain violations; punishments .......................................HB 1722 Comprehensive State-wide Water Planning Management Act; enact; Water Council; create........................................................................HB 237 Crabs and crabbing; closure of saltwaters; amend provisions..............................HB 1488 Joint Study Committee on Coastal Marshlands Protection; create ........................HR 271 Joint Water Conservation Study Committee; create............................................... SR 579 National preserve in corridor of Ocmulgee and Altamaha Rivers; urge Congress create .............................................................................HR 1256 Natural Resources; conservation rangers; powers; watercraft inspection............HB 1185 Okefenokee Trail; designate .................................................................................HR 1422 River and harbor dredging; beach replenishment...................................................HB 727 River Basin Protection Act of 2004; enact ...........................................................HB 1345 Savannah River and port of Savannah; urge bilateral port commission; Georgia and South Carolina ........................................................... SR 240 Savannah River Site; radiation monitoring program; urge Congress restore.................................................................................................HR 1685 Shore Protection Committee and Coastal Marshland Protection Committee; change membership; quorum.........................................................HB 1382 Soil erosion and sedimentation; stream buffer zones; variances............................ SB 460 Spear fishing in certain waters; authorize.............................................................HB 1095 Surface and ground water; interbasin and intrabasin transfers; regulate..............HB 1615 Timber harvesting operations; local regulation; limitations...................................HB 724 Timber harvesting; regulatory authority of counties and municipalities; limitations ...................................................................................HB 244 Water pollution control and surface-water use; permits; fees ..............................HB 1697 Waters unsafe for recreation; Environmental Protection Division director order warning signs ................................................................................HB 881
RIVERSIDE PHARMACY; 50th anniversary; commend ...................................HR 1791
ROBERT L. AND SALLY THOMPSON INTERSECTION; designate ............HR 591
ROBERT RAY PARKWAY Designate ................................................................................................................HR 133 Designate ................................................................................................................HR 257
ROBERT TOOMBS CHRISTIAN ACADEMY FOOTBALL TEAM; invite to House ................................................................HR 1644

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4421

ROBERTO, ALPHONSE L.; commend...............................................................HR 1794
ROBERTSON, JUDGE CHARLES Cherokee County Chief Magistrate; commend ....................................................HR 1466
ROBINSON, JAMIE; commend ...........................................................................HR 1617
ROBINSON, SERGEANT VINCENT LAGEORGE, JR.; commend ..............HR 1668
ROCKMART, CITY OF Homestead exemption; certain residents ..............................................................HB 1824 New charter...........................................................................................................HB 1017 New charter...........................................................................................................HB 1569
ROCKMART HIGH SCHOOL WRESTLING TEAM Invite team and coaches to House ..........................................................................HR 615
ROGERS, GRADY MACK, JR.; condolences ....................................................HR 1869
ROLLINS, JEFF; commend..................................................................................HR 1018
ROME, CITY OF Homestead exemption; certain residents ..............................................................HB 1798 School building authority; create..........................................................................HB 1763
RONALD REAGAN DAY IN GEORGIA; recognize 2/6/04 .............................HR 1198
RONBERG, JASON; commend on becoming an Eagle Scout .............................HR 1085
ROSA PROCTOR Bridge; designate .................................................................................................... SR 596 Intersection; designate ............................................................................................HR 591
ROSS, LORETTA J.; commend ...........................................................................HR 1906
ROSWELL, CITY OF; mayor pro tempore; election...........................................HB 1312
ROTARY CLUB OF MADISON COUNTY; commend ....................................HR 1590
ROUSEY, BARBARA; commend.........................................................................HR 1597
RUCKER, DANIEL; commend ............................................................................HR 1657

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RUCKER, REVEREND RALEIGH; commend .................................................HR 1380 RUDAT, DEIRDRE; commend.............................................................................HR 1738 RUFF, KIM; commend ..........................................................................................HR 1211 RUTLEDGE, CITY OF; commend ......................................................................HR 1298 RYDER, CAROLYN; commend...........................................................................HR 1528

S
SAFEAMERICA FOUNDATION; commend ..................................................... HR 1863
SAFEPATH CHILDREN'S ADVOCACY CENTER, INC. Invite representatives to House............................................................................. HR 1340
SALES AND USE TAX Amend certain definitions ........................................................................................ HB 76 Amend definitions ................................................................................................ HB 1082 Certain food and beverages; allocate portion of tax revenue to homeowner's incentive adjustment CA........................................................ HR 108 Certain refunds; restrictions.................................................................................. HB 1239 Community improvement district; imposition of sales tax; approval - CA ........... HR 814 Dealers' sales tax returns; estimated tax liability payments; increase threshold ................................................................................................ HB 855 Educational purposes; local boards; performance audit ......................................... HB 346 Educational purposes; millage rate reduction - CA.................................................SR 580 Education funding; ad valorem tax relief; impose 1 percent sales tax - CA ........ HR 1371 Education funding; ad valorem tax relief; impose 1 percent sales tax - CA ........ HR 1372 Education funding; repeal ad valorem tax; impose sales tax - CA....................... HR 1264 Education funding; repeal ad valorem tax; impose sales tax - CA....................... HR 1265 Exempt certain sales; chartered boats..................................................................... HB 349 Exemption; archeological exploration and preservation ........................................ HB 223 Exemption; archeological exploration and preservation ........................................ HB 308 Exemption; athletic event tickets; University System............................................ HB 251 Exemption; certain gas for production of electricity .............................................. HB 202 Exemption; certain sales to volunteer fire departments.......................................... HB 358 Exemption; certain school clothes, supplies, computer items; limited time .......................................................................................................... HB 204 Exemption; certain school clothes, supplies, computer items; limited time ........................................................................................................ HB 1412
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4423

Exemption; certain school supplies and dormitory items; limited time ............... HB 1504 Exemption; certain symphony halls ..................................................................... HB 1332 Exemption; certain symphony halls ..................................................................... HB 1386 Exemption; certain symphony halls ..................................................................... HB 1511 Exemption; certain tangible personal property; certain
corporate attractions........................................................................................... HB 1528 Exemption; food and beverages; repeal; homeowner's
incentive adjustment trust fund............................................................................ HB 258 Exemption; fuel for certain swine raising purposes ............................................... HB 425 Exemption; gas producing electricity; in-state use............................................... HB 1502 Exemption; ice; poultry processing ...................................................................... HB 1052 Exemption; ice; processing and storing poultry and vegetables .......................... HB 1409 Exemption; Internet sales transactions ................................................................. HB 1252 Exemption; liquefied gas; horticultural purposes..................................................... HB 96 Exemption; liquidation of estate of deceased person ........................................... HB 1642 Exemption; nonprofit organizations providing child services.............................. HB 1744 Exemption; overhead materials; certain government contractors ........................ HB 1238 Exemption; sales of certain energy efficient appliances ........................................ HB 361 Exemption; school clothes, supplies, computers; annually in August ................... HB 228 Exemption; school supplies, clothing, computers; limited time............................. HB 250 Exemption; school supplies, clothing, computers; limited time............................. HB 542 Exemption; school supplies; clothing; computers; limited time .......................... HB 1184 Exemption; wax and dies used by military........................................................... HB 1105 Exempt sales of certain pollution control chemicals .............................................. HB 141 Homestead option sales tax; referendum; disbursement of proceeds..................... HB 522 Joint county and municipal sales tax; rate for consolidated governments ............. HB 207 Joint county and municipal sales tax; special districts; referendum..................... HB 1305 Joint county and municipal sales tax; 2 percent levy by
consolidated governments ..................................................................................... HB 92 Joint county and municipal sales tax; 2 percent levy by
consolidated governments ................................................................................... HB 249 Joint county and municipal sales tax; 2 percent levy by
consolidated governments ................................................................................... HB 287 Limitation; special county 1 percent sales tax; water and sewer projects............ HB 1545 Limitation; special county 1 percent sales tax; water and sewer projects............ HB 1546 Local option sales tax; additional county 1 percent levy; authorization ................ HB 297 Motor fuel tax and sales tax; dealers and distributors; amend
certain provisions............................................................................................... HB 1413 Motor vehicles; certificates of title; payment of sales tax ...................................... HB 560 Municipal Option Sales Tax Act; enact.................................................................. HB 514 New municipality; creation; minimum distance; sales tax distribution ................. HB 315 Phased-in exemption; food and beverages in vending machines ........................... HB 481

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INDEX

Revenue; temporary income tax exemption; database of special driver's license issuance......................................................................... HB 1309
Sales and motor fuel taxes; dealers and distributors; amend provisions .............. HB 1459 Service delivery; funding; comprehensive provisions ......................................... HB 1714 Special county 1 percent sales tax; amend provisions............................................ HB 572 Special county 1 percent sales tax; annual publication of audit........................... HB 1414 Special county 1 percent sales tax; consolidated governments;
public safety....................................................................................................... HB 1767 Special county 1 percent sales tax; extend time period ........................................ HB 1436 Special county 1 percent sales tax; proceeds; authorize additional uses................ HB 135 Special county 1 percent sales tax; water and sewer projects .............................. HB 1578 Special county 1 percent sales tax; water and sewer projects .............................. HB 1612 Special county sales tax; amend provisions; referendum..................................... HB 1199 Special county sales tax; issuance of general obligation debt;
use of proceeds; amend...................................................................................... HB 1306 Special purpose local option sales tax; levy and debt provisions;
referendum ........................................................................................................... HB 883 Special purpose 1 percent sales tax; proceeds; publish ........................................ HB 1758 Special purpose 1 percent sales tax; proceeds; publish uses ................................ HB 1513 State and Local Taxation, Financing, and Service Delivery
Revision Act of 2004; enact ................................................................................ HB 709 State and local tax revision; uniform sales and use tax administration................ HB 1437 State Public Transportation Fund; priority of expenditures
and allocation of funds....................................................................................... HB 1295 Temporary change in rate ....................................................................................... HB 541 Temporary rate change ........................................................................................... HB 520
SANDERS, MARY; commend .............................................................................. HR 1795
SANDY SPRINGS House Sandy Springs Study Committee; create ..................................................... HR 603 Incorporate.............................................................................................................. HB 150 Incorporate; new charter ......................................................................................... HB 969 Incorporation and charter...........................................................................................SB 49
SAPP, MELANIE C.; commend ........................................................................... HR 1160
SAPP, SERGEANT-MAJOR OSCAR, JR.; commend ...................................... HR 1898
SARAN, AMA R.; commend ................................................................................. HR 1950
SASSER, JANE MEGAHEE; condolences.......................................................... HR 1954
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4425

SAVANNAH, CITY OF Chatham County and City of Savannah; homestead exemption; unremarried surviving spouse......................................................... HB 1731 Corporate limits ...................................................................................................... HB 989 GHSGT Awareness Day in Savannah, Georgia; proclaim 2/24/04 ..................... HR 1184 Homestead exemption; unremarried surviving spouse......................................... HB 1729 Siege of Savannah reenactment coordinators; commend ..................................... HR 1166
SAVANNAH ST. PATRICK'S DAY PARADE Invite certain persons to House ............................................................................ HR 1441
SAWYER, ANDREW GARRETTE; commend .................................................. HR 1436
SAWYER, CHRISTOPHER GLENN; commend............................................... HR 1197
SCANLIN, ROBERT I. "BOB"; condolences..................................................... HR 1009
SCHLOSS, EVA GEIRINGER; commend .......................................................... HR 1553
SCHOOL READINESS, OFFICE OF Bright From The Start: Georgia's Office of Early Care and Education; create......................................................................................... HB 1288 Certain pre-kindergarten programs and Temporary Assistance to Needy Families; increase state funds ............................................ HB 524 Day-care; certain pre-kindergarten programs; licensing; exemptions.................... HB 525 Education accountability; comprehensive revision of provisions; Office of Student Achievement .........................................................SB 248
SCHOOLS (Also, see Education) American Heritage in Education Act; documents to be posted in public school buildings .........................................................................SB 394 Bullying by students; amend provisions............................................................... HB 1125 Bus drivers; mandatory training; crimes against public school employees; redefine school property ................................................................. HB 1179 Bus loading areas; permits; commercial driveways ............................................... HB 763 Bus monitors; provisions ...................................................................................... HB 1570 Carrying weapons at school functions or safety zones; exceptions to prohibition ................................................................................... HB 1225 Charter schools; amend provisions..........................................................................SB 216 Certified School Social Worker Specialists; salary increase.................................. HB 320 Children's Internet Protection Act; enact; schools, libraries; funding for computers.............................................................................................SB 52

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4426

INDEX

Compulsory attendance; disciplinary actions; codes of conduct; drivers' licenses ....................................................................................................SB 428
Contracts for school principals; date for tendering ................................................ HB 360 Deaf students; certification of interpreters ............................................................. HB 295 Elementary and middle school students; daily break ........................................... HB 1013 Grades K-8; urge 30 minutes physical activity daily ............................................. HR 968 Health education and physical activity; urge funding .......................................... HR 1096 High-performing schools; exemptions from certain requirements....................... HB 1636 Home school students; eligibility; extracurricular programs
in public schools ...................................................................................................SB 210 Joint enrollment; certain private schools and home study programs ..................... HB 985 Maximum class size; amend provisions ............................................................... HB 1270 Maximum speed limit; school zones; 25 miles per hour........................................ HB 219 Private schools; prayer at athletic events; public school participation................. HB 1290 Prohibit certain sales of soft drinks ...................................................................... HB 1124 Promote health education and physical activity ......................................................SR 578 Public high schools; establish uniform grading system ....................................... HB 1593 Public institutions, schools, and sporting events; quiet
reflection period; urge Congress require ............................................................. HR 172 Public schools; annually observe Celebrate Freedom Week;
week of 9/11......................................................................................................... HB 253 Quiet reflection in schools; clarification; silent prayer or meditation.................... HB 963 Safe Kids Act; enact; develop curriculum............................................................ HB 1448 School attendance officers; authority; certain peace officers; duties ..................... HB 395 School councils; amend provisions; State of the School presentation ................... HB 390 School councils; meeting provisions .................................................................... HB 1098 School councils; membership provisions ............................................................. HB 1054 School councils; option to include two student members .................................... HB 1613 School counselors; national certification; salary increase...................................... HB 761 School Pesticide Act; enact; regulations .............................................................. HB 1042 School psychologists; national certification; salary increase ................................. HB 808 School Restroom Standards Act; enact .................................................................. HB 336 Special K-12 Distance Learning School; create ......................................................SB 579 Start date of school year; local boards establish..................................................... HB 930 Student attendance requirements; amend provisions ........................................... HB 1193 Student codes of conduct; violation; certain disciplinary action............................ HB 132 Student improvement; waiver of certain provisions; exceptions ......................... HB 1535 Student leaving without permission; custody of peace officer............................. HB 1480 Students; certain acts of physical violence; disciplinary tribunal .......................... HB 583 Students committing certain acts of physical violence;
disciplinary tribunal ............................................................................................... HB 34 Students in transit; certain conditions; not to be counted tardy or absent .............. HB 434
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4427

Students under age 16; prohibit permanent expulsion ........................................... HB 962 Teacher-student ratios; kindergarten and grades one through
three in public schools - CA .............................................................................. HR 1578 Textbooks of excessive weight; provisions to protect students
from injury ........................................................................................................... HB 412 Transfer students; courses in Georgia history; requirement; exemptions ............ HB 1759 Truancy Enforcement Act; school attendance; driver's
license; employment .............................................................................................SB 392 Truancy policy; local boards adopt ........................................................................ HB 900 Virtual charter schools; provisions ..........................................................................SB 203 Weapons; school discipline policies; petition juvenile courts.............................. HB 1388
SCOTT, CORTEZ T.; commend .......................................................................... HR 1392
SCREVEN COUNTY Regional development centers; ratify boundaries ................................................ HR 1402 State service delivery regions; change regions 7 and 12 ...................................... HB 1599
SEAMON, MICHELLE; commend...................................................................... HR 1827
SEARCHES AND SEIZURES Appeals; postconviction DNA testing; procedure .................................................. HB 599 Personal property in custody of law enforcement agency; disposition .................. HB 484 Property unlawfully obtained; photographic record............................................... HB 195
SEARCY, MAJOR GENERAL WILLIAM N.; commend ................................ HR 1398
SEAT BELTS Child Highway Safety Act; amend provisions ..................................................... HB 1334 Child passenger restraining systems; amend provisions ........................................ HB 371 Child restraints; change age.................................................................................... HB 217 Drivers' licenses, cell phones, seat belts, minors; amend provisions ................... HB 1241 Passenger vehicles; eliminate certain exceptions ................................................. HB 1637 Pickup trucks and off-road vehicles; requirement; fines ........................................ HB 296 Safety restraints for children; change provisions ................................................... HB 966
SECRETARY OF STATE Advisory referendum; using hand-held mobile phone while driving vehicle; prohibit............................................................................. HB 908 Certain property and records; preservation .......................................................... HB 1026 Communications ................................................................................................. Pages 1, 2 Director of protocol and international affairs; create position ............................... HB 458 Elections; petition candidates; notification of requirements .................................. HB 723

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4428

INDEX

Electronic recording voting systems; voter-verifiable audit trail; permanent paper records ..............................................................................SB 500
Ethics; Code of Fair Campaign Practices; provisions .......................................... HB 1769 International Affairs Coordinating Council; create ................................................ HB 324 Religious heritage; recognize; prepare documents; counties display................... HB 1537
SEED-CAPITAL FUND; comprehensive revision of provisions......................... HB 1507
SEGALL, MARK JAMES; commend.................................................................. HR 1736
SELLARS, JIM AND FRANCES; commend ...................................................... HR 1940
SELLARS, MONNIE; commend .......................................................................... HR 1390
SELLING AND OTHER TRADE PRACTICES Assisted living facilities; Levels I and II; provisions ........................................... HB 1033 Certain equipment and materials; retention of title ................................................ HB 829 Consumer retail transactions; rebates; definitions................................................ HB 1165 Convenience stores; safety enclosure for cash register operators .......................... HB 418 Deceptive or unfair practices; inbound call centers; disclosures; penalties ......... HB 1218 Deceptive practices; credit card solicitation; verify address .................................. HB 656 Fair business practices; certain motor vehicle sales; spot delivery .......................... HB 94 Gasoline dealers; registration; amend provisions................................................... HB 111 Motor vehicle franchises; provisions; Motor Vehicle Safety Department enforce ................................................................................ HB 1157 Public accommodations; access by motorcycle patrons....................................... HB 1276 Retail gasoline dealers; post certain warning signs ................................................ HB 388 Telecommunications companies; process for disputing charges; disclosure............................................................................................. HB 1149 Unfair practices; consumer transactions; derogatory reports ............................... HB 1096
SENATE Congressional, House, and Senate districts; amend certain provisions................ HB 1750 General Assembly; eligibility to prefile bills and resolutions ................................ HB 629 General Assembly, Lt. Governor, House Speaker; term limits - CA ..................... HR 354 General Assembly Training Institute; appointment of members ............................. HB 57 General Assembly; 2004 Biennial Institute; change location .............................. HB 1616 Legislative and congressional reapportionment; specify requirements; community of interest ......................................................................SB 91 Legislative Retirement; General Assembly; membership; prior service................ HB 300 Notify Senate; House convened ............................................................................. HR 943 Salaries of certain state officials; 10 percent reduction.......................................... HB 222 Senate convened; notify House ...............................................................................SR 565

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4429

Senate districts; composition; number; apportionment ...............................................SB 2 Senate districts; reapportion ....................................................................................SB 239 Senate districts; reapportion ....................................................................................SB 522 Special license plates; General Assembly; change certain provisions ................. HB 1588
SENIOR WEEK AT THE CAPITOL; recognize March 1-5, 2004 ................... HR 1434
SENTELL, PROFESSOR R. PERRY, JR.; commend ....................................... HR 1249
SENTENCE AND PUNISHMENT Attorney General; prosecution of certain persons; authority ..................................SB 424 Controlled substances; offense related to addiction; penalty provisions.............. HB 1183 Controlled substances; trafficking in ecstacy; define offense; addition of local drug-free commercial zones ................................................... HB 1441 Crimes and offenses; certain murder convictions; life without parole....................SB 442 Criminal procedure; certain serious violent offenses; mandatory punishments ..................................................................................... HB 1487 Criminal procedure; demands for trial; amend provisions ................................... HB 1264 Criminal procedure; discovery in felony cases; oral scientific reports; sentencing hearings .................................................................................SB 175 Criminal procedure; sentence reduction; sentence review panel provide basis for reduction..........................................................................SB 441 Criminal procedure; uniformity in sentencing; target sentences and ranges.......................................................................................... HB 1169 Department of Probation and Parole Community Based Supervision; create............................................................................................. HB 1154 Division of probation and parole community based supervision; create ............. HB 1163 Endangering child through manufacture of methamphetamine; define offense..................................................................................................... HB 1131 Georgia Capital Punishment Study Commission; create........................................ HR 546 Georgia Racial Justice Act; enact ........................................................................... HB 129 Illegal aliens; certain crimes; immigration laws; enforcement............................. HB 1349 Juvenile proceedings; jurisdiction; minors under age 17 ..................................... HB 1490 Juvenile proceedings; youthful offenders; amend provisions ................................ HB 670 Probation Management Act; enact ....................................................................... HB 1161 Sentence reduction; review panel; memorandum of decision.............................. HB 1335 Serious violent felonies; portion of sentence; work release status ....................... HB 1556 Sexual offender registry; first offenders; change registration requirements....................................................................................................... HB 1093 Work release programs; felony sentences; provisions ......................................... HB 1182
SEPTIC TANKS Commercial waste; regulation ................................................................................ HB 487

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4430

INDEX

Commercial waste; regulation .............................................................................. HB 1408 Counties provide for disposal of waste................................................................... HB 951 House Septage Disposal Study Committee; create............................................... HR 1419 On-site sewage management systems; Department of
Human Resources adopt statewide regulations ................................................... HB 992 Sewage management; grease and other commercial waste .....................................SB 568 Waste management; sewage permits; redesignate certain provisions.................. HB 1468
SEXUAL OFFENSES Aggravated child molestation; prosecution at any time ......................................... HB 190 Amirah Joyce Aden Act; enact; offense of female genital mutilation ................. HB 1477 Assisted living facilities; Levels I and II; provisions ........................................... HB 1033 Business license sanctions; massage activities..................................................... HB 1097 Child abuse; certain sexual abuse; parent report .................................................... HB 241 Child abuse, sexual abuse or exploitation; failure to report; define offense..................................................................................................... HB 1551 Child endangerment; define various offenses; penalties .........................................SB 467 Computer pornography and child exploitation prevention; unlawful acts; penalties...........................................................................................SB 51 Computer pornography and child sexual exploitation; increase penalties ..............SB 124 Crimes against children; negligence, cruelty, methamphetamines, serious injury, sexual abuse ............................................................................... HB 1108 Crimes against minors; criminal negligence, cruelty, serious injury; redefine................................................................................................... HB 1057 Crimes against minors; criminal negligence, cruelty, serious injury; redefine................................................................................................... HB 1329 DNA; testing of sexual offenders; persons subject to testing..................................SB 482 Family violence; peace officer training; sexual offense cases ............................. HB 1233 Illegal aliens; certain crimes; immigration laws; enforcement............................. HB 1349 Keeping a place of prostitution; penalties .................................................................SB 77 Parental power, grandparent visitation, adoption; prohibition; certain conviction................................................................................................. HB 330 Peace officers; investigative training; family violence and sexual offenses......................................................................................................SB 426 Persons supervising children; criminal background checks; National Crime Information Center..................................................................... HB 316 Pimping; change provisions.................................................................................... HB 438 Sexual assault victims; protocols and protocol committees; assistance programs ..............................................................................................SB 457 Sexually offensive material or content; distribution through electronic media........................................................................................................SB 5 Sexual offender registry; certain defendants; registration requirements.............. HB 1673

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4431

Sexual offender registry; first offenders; change registration requirements....................................................................................................... HB 1093
Sexual offenders; probation or parole; register prior to release ............................. HB 577
SHANAHAN, THOMAS E.; commend................................................................ HR 1788
SHANNON, EDWARD HOGAN "DOC", SR.; condolences ............................ HR 1886
SHASTEEN, JOEL; commend ............................................................................. HR 1274
SHASTEEN, RICHARD; commend..................................................................... HR 1275
SHEPARD, JOEY; commend ............................................................................... HR 1829
SHEPHERD, CYNTHIA LESTER; commend ................................................... HR 1505
SHEPPARD, GARETH R.; commend ................................................................. HR 1494
SHERIFFS Carrying weapon without a license; prohibit; exception to prohibition ............... HB 1010 Change qualifications ............................................................................................. HB 612 Counties; certain officers; nonpartisan elections.................................................. HB 1469 County judicial offices; nonpartisan elections; provide by local Act....................... HB 47 County or consolidated government; police force or sheriff's office; referendum.............................................................................................. HB 1090 Engaging in certain businesses; violation of oath of office.................................... HB 415 House Study Committee on Sheriffs' Powers; create ............................................. HR 226 Indigent Defense Act; enact; circuit public defenders............................................ HB 828 Nonpartisan elections.................................................................................................SB 26 Nonpartisan elections of local officers; additional officers.................................... HB 622 Pardons and paroles; notification of decision......................................................... HB 582 Retirement; certain retirees; return to service....................................................... HB 1005 Services; increase certain fees ................................................................................ HB 824
SHERMAN, ORAH BELLE; condolences .......................................................... HR 1077
SHRINER, JASON M.; commend ........................................................................ HR 1815
SIEGEL, DR. BETTY Invite to House; Adult Learner Student Organization; commend; "Adult Learner Day"; recognize 4/9/04 ........................................... HR 1444

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4432

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SIGVARIS, INC; commend; recognize 10/15/04 as "Healthy Leg Day" ............. HR 1870 SILVER-HAIRED LEGISLATURE; invite representatives to House ............... HR 1405 SIMMONS, CARMELITA P.; condolences ........................................................ HR 1152 SIMS, DONALD; commend .................................................................................. HR 1864 SINGH, CHANNELL; commend.......................................................................... HR 1749 SKELTON, W. DOUGLAS, M. D.; commend .................................................... HR 1239 SKIPPER, HONORABLE JIMMY
Appointment; Budgetary Responsibility Oversight Committee............................ Page 37 SLOAN, DR. BILL; invite to House ..................................................................... HR 1531 SLOSHEYE TRAIL BIG PIG JIG; recognize .................................................... HR 1695 SMITH, CINDY; commend................................................................................... HR 1891 SMITH, EUGENE; commend ............................................................................... HR 1235 SMITH, HONORABLE BOB; committee assignment ..........................................Page 30 SMITH, HONORABLE PAUL E.; committee assignment ...................................Page 23 SMITH, JAMES RANDOLPH; condolences ...................................................... HR 1956 SMITH, JOHN H., G. W. SMITH, ALFRED G. OLIVER,
CLINTON OLIVER, AND BERT SMITH OLIVER; commend .................. HR 1965 SMITH, KAITLIN; commend............................................................................... HR 1059 SMITH, KAREN; commend ................................................................................. HR 1212 SMITH, NATALIE; 4-H honoree; commend ....................................................... HR 1003 SMITH, PAUL; condolences ................................................................................... HR 947 SMITH, WILLIAM E. "WES"; commend.......................................................... HR 1252 SMITH, WILLIE ALBERT; condolences ........................................................... HR 1551

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4433

SMYRNA, CITY OF Commend.............................................................................................................. HR 1995 Homestead exemption; certain residents .............................................................. HB 1662
SNELLVILLE, CITY OF; city manager; provisions ........................................... HB 1375
SNOW, HONORABLE MIKE Election .................................................................................................................... Page 1 Oath.......................................................................................................................... Page 2
SOCIAL CIRCLE HIGH SCHOOL LADIES BASKETBALL TEAM AND HEAD COACH; commend .............................. HR 1899
SOCIAL SERVICES Advisory committee on seniors and prescription drug costs; establish.................. HB 935 Ambulance services; reimbursement for Medicaid recipients and indigents ...................................................................................................... HB 1720 Assisted living facilities; Levels I and II; provisions ........................................... HB 1033 Bright From The Start: Georgia's Office of Early Care and Education; create......................................................................................... HB 1288 Certain pre-kindergarten programs and Temporary Assistance to Needy Families; increase state funds............................................................... HB 524 Child care facilities; liability insurance coverage......................................................SB 24 Child protective services workers; definition; provisions .................................... HB 1554 Children and youth; day-care employees; require first aid and CPR training.................................................................................................. HB 977 Children in protective custody; cost of care; reimbursement ................................. HB 489 Child welfare agencies; recall notices on unsafe products; provide; certain records checks; amend provisions ........................................... HB 1347 Community Health, Department of; rebates on pharmaceuticals; annual report ...................................................................................................... HB 1346 Conform Code references to House and Senate committee names........................ HB 846 Day-care; certain pre-kindergarten programs; licensing; exemptions.................... HB 525 Day-care facilities; licensing; liability insurance required ..................................... HB 433 Defense of Scouting Act; enact ................................................................................ HB 37 Early Care and Learning, Department of; create; Georgia Child Care Council; redesignate and transfer to Title 20 .....................................SB 456 Family and children services; county director; serve in multiple counties ............ HB 866 Foster Parents Bill of Rights; enact ...................................................................... HB 1580 Health, education, and social services; certain boards and councils; amend provisions................................................................................ HB 1266 House Study Committee on Children's Protective Services; create ..................... HR 1686

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4434

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Human resources; Choose Life adoption support program; special license plates............................................................................................ HB 254
Human resources; Choose Life adoption support program; special license plates............................................................................................ HB 286
Illegal aliens; prohibit receiving state or local services - CA............................... HR 1648 Independence Plus Act; enact................................................................................. HB 701 Indigent defense; alternate delivery systems ...........................................................SB 512 Juvenile proceedings; youthful offenders; amend provisions ................................ HB 670 Long-term care partnership plans; Social Security Act; urge
Congress delete deadline ................................................................................... HR 1510 Medicaid; medications for certain disorders; prohibit restricting ........................ HB 1500 Medicaid; medications for certain illnesses; prohibit restricting ......................... HB 1473 Medical helicopter transportation; prohibit age discrimination ........................... HB 1417 Nursing homes; influenza and pneumococcal vaccinations;
offer patients annually ....................................................................................... HB 1709 Persons supervising children; criminal background checks;
National Crime Information Center..................................................................... HB 316 Public funding of social services by certain organizations;
exception - CA ................................................................................................... HR 1030 Public funding of social services by certain religious or
sectarian institutions; exceptions ....................................................................... HB 1761 Public funding of social services by religious organizations - CA ...................... HR 1457 Public funding of social services by religious or sectarian
institutions; allow - CA...................................................................................... HR 1535 Public funding of social services by religious or sectarian
organizations - CA ....................................................................................................SR 1 Public funding of social services by religious or sectarian
organizations; prohibit discrimination - CA ........................................................ HR 941 Public funding of social services by religious or sectarian
organizations; prohibit discrimination - CA .........................................................SR 560 Public records; disclosure; exempt personal information of
certain employees .................................................................................................SB 451 State employees; payroll deductions; certain federated
charitable organizations ........................................................................................SB 584 State program of health services; fiscal condition; annual reports....................... HB 1704 Torts; damages; collateral sources; definitions and provisions............................ HB 1342
SOCIAL WORK STUDENT LOBBY DAY Observe 2/12/04; Professional Social Work Month; March 2004 ....................... HR 1251
SODMAN LANDSCAPING AND TOM LEWIS; commend............................. HR 1709

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4435

SOIL AND WATER CONSERVATION Agricultural Water Conservation Incentive Program; create ..................................SB 436 Comprehensive State-wide Water Planning Management Act; enact; Water Council; create................................................................................ HB 237 Farmland Protection Act; enact .............................................................................. HB 822 Soil Scientists Licensing Act of 2004; enact ........................................................ HB 1047 Soil Scientists Licensing Act of 2004; enact ...........................................................SB 449 Surface and ground water; interbasin and intrabasin transfers; regulate.............. HB 1615 Water pollution control and surface-water use; permits; fees .............................. HB 1697
SOIL EROSION AND SEDIMENTATION River and harbor dredging; beach replenishment................................................... HB 727 Stream buffer zones; variances................................................................................SB 460
SOJOURNER; commend....................................................................................... HR 1925
SOLAR ENERGY (See Energy)
SOPERTON, CITY OF; corporate limits ................................................................SB 626
SOUTH CAROLINA, STATE OF Savannah River and port of Savannah; urge bilateral port commission; Georgia and South Carolina ............................................................SR 240
SOUTH FULTON COUNTY LEGISLATIVE DAY; recognize 2/3/04............ HR 1092
SOUTH GWINNETT HIGH SCHOOL Boys' basketball team; invite players and coaches to House................................ HR 1573 Comets basketball team; commend ...................................................................... HR 1662 Comets basketball team; invite coaches and players to House ............................ HR 1646
SOUTHEAST REGIONAL FUGITIVE TASK FORCE; commend ................ HR 1108
SOUTHEASTERN REGIONAL ASSOCIATION OF MINISTERS' WIVES AND WIDOWS; commend.......................................... HR 1357
SOUTHERN JUDICIAL CIRCUIT Add judge.............................................................................................................. HB 1051 Add judge.............................................................................................................. HB 1126 Add judge.................................................................................................................SB 594
SOUTHERN ORDER OF STORYTELLERS Georgia Storytelling Week; November 14-20, 2004............................................ HR 1512

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4436

INDEX

SOY UNICA SOY LATINA 2004 RALLY AND CELEBRATION; recognize ............................................................................... HR 1854
SPALDING COUNTY Atlanta Regional Commission; certain counties; ratify partial incorporation...................................................................................................... HR 1308
SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS Advisory committee on hearing in newborn infants; continuation ........................ HB 760 Advisory committee on hearing in newborn infants; continuation ...................... HB 1581 Advisory committee on hearing in newborn infants; continuation ...................... HB 1627 Advisory committee on hearing in newborn infants; continuation ...................... HB 1679 Advisory committee on hearing in newborns; establish....................................... HB 1701 Health Care Protection Act; health care licensing violations; penalties..................SB 162 State licensing board; reduce number of members................................................. HB 597
SPELMAN COLLEGE DAY Recognize 1/27/04; invite Dr. Beverly Daniel Tatum to House ............................ HR 981
SPORTS Athletic and Entertainment Commission; amend provisions ................................. HB 558 Athletic trainers; licensing; exceptions................................................................. HB 1394 Criminal records; national background checks; child care, elder care, disabled care, volunteers with youth...................................................SB 198 Home school students; eligibility; extracurricular programs in public schools ...................................................................................................SB 210 Hotels and motels; excessive room rates during special sporting events; prohibit .......................................................................................SB 150 House Study Committee on Adapted Athletics; create .......................................... HR 743 Intellectually disabled health and fitness support program; special plates - CA ............................................................................................... HR 225 Interscholastic or intramural extracurricular athletic policy; provisions.............. HB 1626 Municipalities; lease property to certain nonprofit corporation ............................. HB 423 Open meetings and records; exemption; Georgia Sports Hall of Fame Authority.............................................................................................. HB 1638 Open meetings; school districts; athletic and fine arts associations..................... HB 1740 Private schools; prayer at athletic events; public school participation................. HB 1290 Public institutions, schools, and sporting events; quiet reflection period; urge Congress require ............................................................. HR 172 Sales tax exemption; athletic event tickets; University System ............................. HB 251 Special license plates; professional sports team foundations ..................................SB 228
SPRINGFIELD BAPTIST CHURCH; recognize 140th anniversary ................. HR 1014

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4437

STALB, MICHAEL; commend............................................................................. HR 1236
STALKING Family violence and stalking offenses; persons convicted; publication of photo ........................................................................................... HB 1259 Violating family violence order; define offense; penalties .................................... HB 812
STARVATION AND DEHYDRATION OF PERSONS WITH DISABILITIES PREVENTION ACT; enact ....................................... HB 1132
STATE COURTS OF COUNTIES Controlled substances; conditional discharge; expand eligibility ........................ HB 1475 Courts; certain clerks; continuing education .......................................................... HB 995 Technology and indigent defense fees and certain fines; authorize ....................... HB 240
STATE EMPLOYEES Certain office holders; use of annual and personal leave ....................................... HB 348 Code of ethics for government service; lobbying, nepotism, gifts, campaign contributions; comprehensive revision of provisions ..........................SB 108 Community service boards; full-time employment of retirees; prohibit; exception ............................................................................................. HB 1128 Community service boards; retirees; prohibit re-employment; exception ........... HB 1568 Consumer driven health plan option; provisions.....................................................SB 344 Deferred compensation; special pay plan; terminal leave .................................... HB 1536 Deferred compensation; special pay plan; terminal leave .......................................SB 486 Defined contribution plans; employer and employee contributions....................... HB 475 Elected public officers; residency requirements; oath and affidavit ...................... HB 405 Fraud, waste, abuse in state operations; whistle blower; prohibit retaliation................................................................................................ HB 708 Health insurance; certain community service retirees............................................ HB 594 Health insurance; coverage; certain health centers............................................... HB 1751 Health insurance; fiscal condition; annual reports ............................................... HB 1320 Health insurance plan; include agricultural commodity commission employees ........................................................................................ HB 101 Health insurance; state employees no longer covered by federal insurance plan ...........................................................................................SB 282 "Health Share" Volunteers in Medicine Act; enact .............................................. HB 1491 "Health Share" Volunteers in Medicine Act; enact .............................................. HB 1492 "Health Share" Volunteers in Medicine Act; enact .............................................. HB 1521 "Health Share" Volunteers in Medicine Act; enact .............................................. HB 1522 Industries for the Blind; manufactured products; purchase by state employees; exception .................................................................................. HB 256 Judicial Retirement; certain judges; transfer from Employees' Retirement ........... HB 976

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4438

INDEX

Judicial Retirement; members transfer contributions from Employees' Retirement System ........................................................................... HB 224
Juvenile court judges; compensation from state funds; adjustment ....................... HB 502 Managed health care plans; right to independent review;
include state employees ....................................................................................... HB 697 Payroll deductions; Higher Education Savings Plan ............................................ HB 1118 Public Service Employees' Occupational Safety and Health Act; enact ................ HB 277 Retirement and Judicial Retirement; certain membership;
creditable service ................................................................................................. HB 923 Retirement and Judicial Retirement; prior service as assistant
district attorney; service credit............................................................................. HB 753 Retirement and Teachers Retirement; unused sick
leave; credit.......................................................................................................... HB 817 Retirement; assistant district attorneys; credit for certain previous service ........... HB 292 Retirement; certain court administrators; certain service credit............................. HB 838 Retirement; certain employees of Motor Vehicle Safety
Department; certain benefits................................................................................ HB 491 Retirement; certain Housing and Finance Authority employees;
service payment ................................................................................................. HB 1237 Retirement; certain law enforcement personnel; amend provisions......................... HB 97 Retirement; certain law enforcement personnel; benefit formula .......................... HB 476 Retirement; certain law enforcement personnel; enhanced
retirement benefit................................................................................................. HB 426 Retirement; certain members; purchase additional years ....................................... HB 480 Retirement; certain prior service; creditable service .............................................. HB 394 Retirement; certain temporary full-time service; credit ......................................... HB 498 Retirement; disability benefits; maximum compensation .................................... HB 1034 Retirement; forfeited leave; include from prior service ......................................... HB 746 Retirement; group term life insurance; definition .................................................. HB 607 Retirement; Indigent Defense Council; change designation ................................ HB 1137 Retirement options; early retirement incentives......................................................SB 159 Retirement; Prosecuting Attorneys' Council; certain prior
service credit; provisions ..................................................................................... HB 878 Retirement; reduced retirement allowance and partial lump
sum payment; provisions ..................................................................................... HB 914 Retirement; spouse's survivor benefits; change of beneficiaries............................ HB 609 Retirement; tax officials' employees; membership................................................. HB 382 Retirement; 30 years' service; project to age 65.....................................................HB 552 Retirement; 31 years' service; project to age 65.....................................................HB 553 Retirement; 32 years' service; project to age 65.....................................................HB 554 Retirement; 33 years' service; project to age 65.....................................................HB 555 Secretary of State; director of protocol and international
affairs; create position.......................................................................................... HB 458

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4439

State agencies; furloughs or reduction in force; prohibit hiring; exceptions............................................................................................... HB 1708
State government; phones; prohibit certain voice mail use.................................... HB 627 Theft; certain fiduciaries; increased penalties ...................................................... HB 1463 Whistleblower Protection Act; enact...................................................................... HB 165
STATE GOVERNMENT Accident and sickness insurers; prohibit limitation; geographic location............ HB 1232 Administrative Services, Department of; multiyear contracts; real property ...................................................................................... HB 1696 African Affairs Commission; create....................................................................... HB 937 Agricultural Water Conservation Incentive Program; create ..................................SB 436 Agriculture; commissioner's orders; administrative review ................................. HB 1147 Annual reports, budgets, audits; notify General Assembly of availability .............SB 431 Atlanta Regional Commission; certain counties; ratify partial incorporation...................................................................................................... HR 1308 Audits and Accounts, Department of; performance audits .................................... HB 159 Bid opportunities for local governments and boards of education; advertisements.....................................................................................SB 342 Bona fide coin operated amusement machines; regulation .................................... HB 891 Bonds; qualified interest rate management agreement............................................SB 515 Business Equity Act of 2004; provisions ............................................................. HB 1707 Certain privatization contracts; amend provisions ............................................... HB 1153 Certain state and local construction; urge certain design and material standards ................................................................................................ HR 668 Cigar and cigarette taxes; increase; loose or smokeless tobacco; impose excise tax .................................................................................. HB 379 Clean fuel use; state and local governments; public schools; provisions............. HB 1655 CLEAR Act of 2003; H.R. 2671; urge Congress enact........................................ HR 1323 Code of ethics for government service; lobbying, nepotism, gifts, campaign contributions; comprehensive revision of provisions ..........................SB 108 Coin operated amusement machines; revise provisions......................................... HB 573 Commission on Efficiency in State Government; create ....................................... HR 623 Common Sense Civil Justice Reform Act; enact.....................................................SB 133 Comprehensive State-wide Water Planning Management Act; enact; Water Council; create........................................................................ HB 237 Confederate History and Heritage Month; confederate memorials; designate ......................................................................................... HR 1442 Conform Code references to House and Senate committee names........................ HB 846 Contracts; public works; prohibit certain requirement ......................................... HB 1009 Education flexibility and accountability; school councils; charter schools.............SB 429 Education; required courses in history and government; State Board prescribe ......................................................................................... HB 1048

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4440

INDEX

Elections; campaign activities; prohibit on certain grounds..................................... HB 49 Elections; direct recording electronic voting systems; amend provisions.............. HB 427 Emergency management agencies; certain employees; indemnification ................SB 218 Emergency safety plans; unified incident command system;
Airport Anti-Terrorism Training Committee........................................................SB 243 Environmental policy, regulation, or standard; publication of
rationale; requirements ........................................................................................ HB 242 Ethics in government; comprehensive reforms .......................................................SB 168 Ethics; reforms; campaign contributions; activities on behalf of inmates ................SB 31 Executive branch; privatization contracts............................................................. HB 1210 Fines and forfeitures; certain traffic fines; pay to state treasury ............................ HB 102 Fiscal Note Act; certain bills; require statement upon introduction......................... HB 10 Funk Heritage/Bennett Center at Reinhardt College; designate as
official Frontier and Southeastern Indian Interpretive Center............................. HB 494 Georgia Capital Punishment Study Commission; create........................................ HR 546 Georgia Emergency Management Agency; state government
safety plans; exemptions...................................................................................... HB 632 Georgia Income Tax Lottery Act; enact ............................................................... HB 1425 Georgia Procurement Registry; certain bid advertisements;
local governments .............................................................................................. HB 1260 Georgia Procurement Registry; certain bid opportunities; advertisement ............. HB 409 Georgia Regional Transportation Authority; administrative
assignment; Department of Transportation ....................................................... HB 1760 Governor; appointment of agency heads; qualifications ...................................... HB 1275 Guardian and ward; comprehensive rewrite of provisions..................................... HB 229 "Health Share" Volunteers in Medicine Act; enact .............................................. HB 1491 "Health Share" Volunteers in Medicine Act; enact .............................................. HB 1492 "Health Share" Volunteers in Medicine Act; enact .............................................. HB 1521 "Health Share" Volunteers in Medicine Act; enact .............................................. HB 1522 High school diploma; requirement to hold state office - CA ............................... HR 1117 Homeland security; urge president and Congress provide funding........................ HR 855 HOPE scholarships; eligibility; academic performance review........................... HB 1369 House Georgia Technology Authority Study Committee; create......................... HR 1760 House Study Committee on the State Public Health System; create.................... HR 1651 Housing; certain federal programs; fraud and abuse cases......................................SB 510 Income tax credits; individual development accounts;
comprehensive regulation .................................................................................. HB 1384 Income tax refunds; setoff debt collection; political subdivisions ....................... HB 1506 Industry, Trade, and Tourism, Department of; change name............................... HB 1529 Industry, Trade, and Tourism, Department of; powers; real property.....................SB 531 Israel, State of; urge national support; declare Georgia support .............................. HR 50 Joint Study Committee on State Government Decentralization; create ................... HR 24 Joint Study Committee on State Retirement Plan Options; create ..........................SR 107

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4441

Licensed physicians volunteering with law enforcement agencies; immunity from liability.........................................................................................SB 408
License plates; state and local government vehicles; permanent plates............... HB 1743 Lobbying practices; prohibit public funds................................................................ HB 15 Local government entities and state authorities; timely
payment for goods and services........................................................................... HB 374 Local governments; land use regulations; housing resources .............................. HB 1624 Lottery Corporation; legislative oversight committee; conform
committee references ......................................................................................... HB 1117 Lottery for education; proceeds; compensation to retailers ................................... HB 934 Lottery for education; proceeds; compensation to retailers ................................... HB 978 Lottery; online ticket sales; establish Georgia Peach Account ............................ HB 1272 Lottery proceeds; purposes; remove capital outlay projects - CA ....................... HR 1170 Martin Luther King, Jr. Commission; create.......................................................... HB 243 Martin Luther King, Jr. State Holiday Commission; create ................................... HB 718 Memorialize Congress; constitutional amendment prohibiting
judicially imposed taxes..................................................................................... HR 1424 Minority business enterprises; certification procedures;
amend provisions ..................................................................................................SB 115 Misdemeanor traffic offenses; fines to be paid into state treasury........................... HB 19 Monuments honoring military personnel; protection ........................................... HB 1654 Official Frontier and Southeastern Indian Interpretive Center; designate.............. HB 865 Open meetings and records; amend provisions ...................................................... HB 827 Open meetings and records; exception to disclosure; security issues .................... HB 384 Open meetings and records; exemption; Georgia Sports
Hall of Fame Authority...................................................................................... HB 1638 Open meetings exemption; local boards of education; discipline issues ............. HB 1742 Open meetings; school districts; athletic and fine arts associations..................... HB 1740 Open records; certain exemption; redact identifying information ......................... HB 331 Open records exemption; certain personal information ......................................... HB 903 Open records exemption; certain personal information ....................................... HB 1594 Open records exemption; public water supply or sewage
systems; judicial review in camera ...................................................................... HB 807 Open records exemption; public water supply systems or sewage systems........... HB 703 Open records requests; compliance; Internet records............................................. HB 532 Permits; bond requirements .....................................................................................SB 524 Phones; prohibit certain voice mail use.................................................................. HB 627 Plasma arc technology; renewable energy; state recognize ................................. HR 1759 Privately owned military monuments; defacement; penalties.................................SB 588 Privatization contracts; revise provisions ............................................................. HB 1326 Prohibit discrimination against certain private social organizations.................... HB 1200 Public funds; certain write-offs; Department of Technical
and Adult Education .......................................................................................... HB 1582

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4442

INDEX

Public institutions, schools, and sporting events; quiet reflection period; urge Congress require.............................................................................. HR 172
Public meetings and records; exemptions from disclosure .................................... HB 467 Public officials; decrease in salary ......................................................................... HB 568 Public-Private Infrastructure Act of 2003; enact.....................................................SB 273 Public property; restrooms; standards .................................................................. HB 1620 Public records disclosure; exempt personal information of
certain employees .................................................................................................SB 451 Public records disclosure; minors; redact identifying information ...................... HB 1358 Public records; inspection; certain requests to be in writing.................................. HB 833 Public roads and Georgia Regional Transportation Authority;
repeal allocation of funds..................................................................................... HB 212 Public roads; balancing federal and state funds; certain projects......................... HB 1257 Public services or benefits; eligibility; citizenship and residency........................ HB 1799 Public works construction; bidding conditions; certain prohibition........................SB 599 Regional development centers; acquisition of property; lease-purchase ............. HB 1563 Regional development centers; ratify boundaries ................................................ HR 1402 Regional development centers; state funding; additional requirement .................... HB 29 Regional development centers; state-wide water management
plan; provisions.................................................................................................. HB 1836 Regulatory Reform Act of 2003; regulations, laws, statutes; provisions ................SB 361 Revenue, Department of; change certain provisions ............................................ HB 1077 Roadside beautification; public rights of way; provisions ..................................... HB 180 Savannah River and port of Savannah; urge bilateral port
commission; Georgia and South Carolina ............................................................SR 240 Secure and Verifiable Identity Document Act; enact........................................... HB 1336 Smokefree Air Act of 2004; enact ...........................................................................SB 507 State agencies; contracts for services; prohibit outside U.S................................. HB 1281 State agencies; 5 percent shortfall; report in writing to Budgetary
Responsibility Oversight Committee................................................................. HB 1691 State agencies; furloughs or reduction in force; prohibit
hiring; exceptions............................................................................................... HB 1708 State agencies; prohibit requiring social security numbers ...................................... HB 61 State and local governments; business transactions; use
English only; exception ..................................................................................... HB 1119 State and local governments; employment of illegal aliens; prohibit .................. HB 1634 State and local governments; encourage display of Ten
Commandments and acknowledgement of God ................................................ HR 1403 State and local governments; official documents and forms; English only ......... HB 1411 State and local governments; tax allocation, redevelopment,
general obligation bonds.......................................................................................SB 514 State and local governments; telephone call centers outside
U. S.; prohibition ............................................................................................... HB 1357

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4443

State and local governments; Ten Commandments display; authorize................ HB 1609 State and local governments; Ten Commandments display; authorize................ HB 1633 State and Local Taxation, Financing, and Service Delivery
Revision Act of 2004; enact ................................................................................ HB 709 State and local tax revision; uniform sales and use tax administration................ HB 1437 State and nonprofit contractors; legislative oversight panels ................................... HB 98 State buildings; comply with Leadership in Energy and
Environmental Design Green Building Rating System standards....................... HB 127 State capitol building in each state; urge Federal Aviation
Administration restrict airspace ........................................................................... HR 148 State depositories; certain letters of credit to secure state funds ............................ HB 777 State Depository Board; authorized deposits and investments............................. HB 1438 State Depository Board; authorized investments; amend provisions ......................SB 501 State flag; change design ........................................................................................ HB 732 State flag; change design ........................................................................................ HB 773 State flag; change design; advisory referendum..................................................... HB 823 State flag; change design - CA ................................................................................... HR 1 State Flag Design Commission; create................................................................... HB 898 State flag; prohibit certain symbols; exception ...................................................... HB 899 State minimum codes for construction; amend provisions......................................SB 550 State Planning for Increased Community Access Act; enact ............................... HB 1040 State property; naming for elected public official; amend provisions ..................... HB 17 State purchasing; budget emergency; Governor reduce costs................................ HB 571 State purchasing contracts; preference for Georgia vendors.................................. HB 200 State purchasing; vendor requirements; contracts ................................................ HB 1457 State purchasing; vendors; additional requirements............................................. HB 1240 State Road and Tollway Authority; certain SR 400 tolls;
restrict usage ........................................................................................................ HB 218 State Road and Tollway Authority; use of tolls ....................................................... HR 66 State service delivery regions; change regions 7 and 12 ...................................... HB 1599 State Sovereignty and Federal Tax Funds Act; enact................................................. HB 3 State symbols; blueberry; designate as official state berry .................................. HB 1628 State symbols; green tree frog; designate official state amphibian ........................ HB 257 State symbols; green tree frog; designate official state amphibian ........................ HB 365 State, local governments, local boards of education; timely
payment of goods and services ............................................................................ HB 725 Surplus state property; disposal methods; include electronic sale ......................... HB 133 Task Force to Review State and Federal Health Insurance
Mandates; create ................................................................................................ HB 1330 Taxing and spending powers; limitations - CA .................................................... HR 1065 Ten Commandments; display; Pledge of Allegiance and
national motto; right to recite - CA.................................................................... HR 1348 Theft; certain fiduciaries; increased penalties ...................................................... HB 1463

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4444

INDEX

Timely payments for goods and services; local governments and boards of education; failing to comply ....................................................... HB 1304
Transfer students; courses in Georgia history; requirement; exemptions ............ HB 1759 Transportation Infrastructure Bank Act; enact ..................................................... HB 1136 Treasury and Fiscal Services, Office of; additional powers and duties ............... HB 1089 Treasury and Fiscal Services, Office of; investments; change provisions ........... HB 1517 Treasury and Fiscal Services, Office of; revenue enhancement fund .................. HB 1030 Violation of certain ordinances; increased jail time ............................................... HB 879 Water reservoirs; locally funded; state-takeover; compensation.............................SB 246
STATE PATROL (See Law Enforcement Officers and Agencies or Public Safety, Department of)
STATE PROPERTY (See Public Property)
STATE SYMBOLS Blueberry; designate official state berry............................................................... HB 1628 Confederate History and Heritage Month; confederate memorials; designate ......................................................................................... HR 1442 Funk Heritage/Bennett Center at Reinhardt College; designate as official Frontier and Southeastern Indian Interpretive Center ........................ HB 494 Green tree frog; designate official state amphibian................................................ HB 257 Green tree frog; designate official state amphibian................................................ HB 365 Monuments honoring military personnel; protection ........................................... HB 1654 Official Frontier and Southeastern Indian Interpretive Center; designate.............. HB 865 Privately owned military monuments; defacement; penalties.................................SB 588 Special license plates; United States flag ............................................................... HB 473 State and local governments; business transactions; use English only; exception ..................................................................................... HB 1119 State and local governments; official documents and forms; English only ......... HB 1411 State flag; change design ........................................................................................ HB 732 State flag; change design ........................................................................................ HB 773 State flag; change design; advisory referendum..................................................... HB 823 State flag; change design - CA ................................................................................... HR 1 State Flag Design Commission; create................................................................... HB 898 State flag; prohibit certain symbols; exception ...................................................... HB 899
STATE UNIVERSITY OF WEST GEORGIA Cheerleaders; commend........................................................................................ HR 1327 Cheerleaders; invite coaches and members to House........................................... HR 1317 Cheerleading Teams; commend ........................................................................... HR 1182
STATE USE PROGRAM; "Works Wonders Day"; recognize 3/12/04............... HR 1519

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4445

STEELNACK, ROBERT; commend.................................................................... HR 1828
STELLING, KESSEL; commend ......................................................................... HR 1350
STEP IT OFF 4 YOUTHS, INC.; commend........................................................ HR 1981
STEPHENS COUNTY Convey property ......................................................................................................SR 652 Historic courthouse restoration authority; create.................................................. HB 1796
STEPHENSON HIGH SCHOOL GIRLS' BASKETBALL TEAM; commend; invite team, coaches, and principal to House ....................... HR 1764
STEVENS, LILA; commend ................................................................................... HR 964
STEWART, LINDSEY R.; commend................................................................... HR 1496
STEWART, TONY; invite to House ..................................................................... HR 1342
STOCKBRIDGE HIGH SCHOOL TIGER MARCHING BAND; commend ................................................................................................. HR 1468
STOKES, ALMA; commend ................................................................................. HR 1208
STONE MOUNTAIN MEMORIAL ASSOCIATION Membership requirements .................................................................................... HB 1014 Membership requirements .......................................................................................SB 423
STREET GANGS Metropolitan Atlanta area criminal gang policy and review committee; urge creation ....................................................................... HR 1569 Prohibited activity; punishment provisions ............................................................ HB 381
STREETCARS Community Streetcar Development and Revitalization Act; enact.........................SB 516 Transportation, Department of; appointment of investigators; streetcar pilot projects........................................................................................ HB 1156
STRICKLAND, CHARLES AND LOUISE; commend ..................................... HR 1381
STRICKLAND, JOHN ANDREW; commend ...................................................... HR 958
STRICKLAND, JUDGE JOE C.; commend ....................................................... HR 1634

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4446

INDEX

STRICKLAND, KEVIN; commend ..................................................................... HR 1835
STROHBEHN, DOUGLAS W.; condolences ...................................................... HR 1060
STROKE AWARENESS MONTH IN GEORGIA; designate May .................. HR 1865
STRUCTURAL PEST CONTROL Agriculture Commissioner; retention and use of moneys ...................................... HB 569 State Structural Pest Control Commission; amend provisions............................. HB 1279
STUNZI, JOSEPH; invite to House ...................................................................... HR 1318
SULLIVAN, GENE; commend ............................................................................. HR 1753
SUNDAY SALES Alcoholic beverages; amend provisions ............................................................... HB 1471 Alcoholic beverages; certain uniform closing hours; prohibition ........................ HB 1470
SUNNY SIDE, CITY OF; council; terms of office............................................... HB 1755
SUNSET LAW Superior Court Clerks' Cooperative Authority; fees and records; extend sunset dates................................................................................. HB 810 Superior court clerks; fees and records; repeal sunset provisions.......................... HB 811
SUPERIOR COURTS Abortion; petition superior court for permission........................................................ HB 1 Cherokee Judicial Circuit; add judge...................................................................... HB 269 Cherokee, Gwinnett, and Southern Judicial Circuits; add judges ...........................SB 594 Civil filings and criminal fines; additional charges; repeal certain charges ..................................................................................................... HB 869 Clerks' Cooperative Authority; fees and records; extend sunset dates................... HB 810 Clerks; fees and records; repeal sunset provisions ................................................. HB 811 Clerks' Retirement; death of spouse; full benefit restored...................................... HB 234 Clerks' Retirement; 8 years' service; benefits....................................................... HB 1036 Criminal procedure; demands for trial; amend provisions ................................... HB 1264 Criminal procedure; sentence reduction; sentence review panel provide basis for reduction..........................................................................SB 441 Dispossessory proceedings; answer to summons; payment of filing fee ............. HB 1505 Divorce case filing fee; increase amount; exception ............................................ HB 1501 Elections; superior court clerks; nonpartisan.......................................................... HB 729 Flint Judicial Circuit; add judge ........................................................................... HB 1355 Grand juries; certain judges draw from electronic jury box................................... HB 580

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4447

Gwinnett Judicial Circuit; add judge ...................................................................... HB 282 Indigent Defense Act; enact; circuit public defenders............................................ HB 828 Indigent defense; Public Defender Standards Council; members ........................ HB 1318 Juvenile court jurisdiction; temporary child support order .................................... HB 273 Notaries public; amend provisions; superior court fees ....................................... HB 1617 Pataula Judicial Circuit; change certain terms of court ........................................ HB 1373 Southern Judicial Circuit; add judge .................................................................... HB 1051 Southern Judicial Circuit; add judge .................................................................... HB 1126 Technology and indigent defense fees and certain fines; authorize ....................... HB 240
SUPREME COURT Carrying weapon without a license; exempt certain court clerks......................... HB 1214 Certiorari and appeals; bill of costs; amend provisions.......................................... HB 864 Civil practice; class actions; comprehensive revisions ...........................................SB 217 Courts; certain clerks; continuing education .......................................................... HB 995 Docket No. 02-182; express regret; minority vote dilution.................................... HR 914 Joint session; message from Chief Justice of Supreme Court................................ HR 945 Joint session; message from Governor; invite Justices and Appellate Judges ...................................................................................................SR 567 Judicial taxation; urge amendment to U. S. Constitution to prohibit ................... HR 1098
SWAIM, BETTY; commend ................................................................................. HR 1955
SWANSON, DR. OLIVIA SMITH; commend .................................................... HR 1153
SWAYNE, KYLE; commend ................................................................................ HR 1853
SWAYNE, TYLER; commend.............................................................................. HR 1851
SWETT, JOEL CLAYTON; commend................................................................ HR 1385
SYNAN, JESSICA ELAINE; commend............................................................... HR 1592

T "T. WATSON MOBLEY BRIDGE"; redesignate .................................................SR 883 TABIZON, ALBERTO; commend ....................................................................... HR 1588 TAFT, ROBERT J.; commend ............................................................................. HR 1654 TAKE A LOVED ONE TO THE DOCTOR DAY; recognize 9/21/04 ............. HR 1935
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4448

INDEX

TALBOT COUNTY Commend and recognize Talbot County Day on 3/5/04...................................... HR 1353
TANKERSLY, DANIEL Commend ............................................................................................................. HR 1986 4-H honoree; commend .......................................................................................... HR 999
TATTOO STUDIOS Health; micropigmentation practitioners; licensure ............................................... HB 797
TAXATION AND REVENUE Ad valorem tax; amend certain definitions .............................................................. HB 78 Ad valorem tax; amend certain definitions .......................................................... HB 1067 Ad valorem tax; appeal procedures; certain military personnel........................... HB 1553 Ad valorem tax; appeals procedures; military service ......................................... HB 1710 Ad valorem tax; appraise property at owner's acquisition cost - CA....................... HR 45 Ad valorem tax assessments; periods of limitation................................................ HB 736 Ad valorem tax assessments; taxpayer appeals; certain refunds.............................SB 161 Ad valorem tax; authorize special methods; certain aircraft - CA......................... HR 323 Ad valorem tax; bona fide conservation use property; expand preferential assessment ......................................................................... HB 1344 Ad valorem taxes, fees, service charges, assessments; installment payments; statewide applicability..................................................... HB 679 Ad valorem tax; exempt certain property used in generating electricity ............... HB 565 Ad valorem tax; exempt full homestead value; senior citizens.................................. HB 8 Ad valorem tax exemption; inventory of business taxpayer .................................. HB 156 Ad valorem tax exemption; recreational boats; $75,000 of assessed value........... HB 696 Ad valorem tax exemption; recreational boats; referendum ................................ HB 1140 Ad valorem tax; freeport personal property inventory exemption; tax assessments; periods of limitation ...............................................SB 453 Ad valorem tax; homestead exemption; equal to state levy................................... HB 161 Ad valorem tax; inventory of small business; exemption ...................................... HB 162 Ad valorem tax; limit increase of millage rate and property value - CA................... HR 4 Ad valorem tax; limit increase of millage rate and property value - CA................... HR 5 Ad valorem tax; limit increase of millage rate and property value - CA................... HR 6 Ad valorem tax; millage rate and property value; limit increases - CA.............. HR 1336 Ad valorem tax; millage rate increase; require voter approval - CA ..................... HR 171 Ad valorem tax; millage rate or valuation increases; limitations - CA...................... HR 7 Ad valorem tax; millage rate or valuation increases; limitations - CA...................... HR 8 Ad valorem tax; motor vehicles; exempt Medal of Honor recipients.................. HB 1656 Ad valorem tax; motor vehicles; exempt veterans organizations .......................... HB 626 Ad valorem tax; motor vehicles; return in county where functionally located ............................................................................................. HB 834

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4449

Ad valorem tax; preferential assessment; certain storm-water wetlands ............... HB 528 Ad valorem tax; property equipped with certain systems for generating
electricity; exempt - CA ...................................................................................... HR 259 Ad valorem tax; recreational boats; exempt certain amount.................................. HB 123 Ad valorem tax; returns; rates; roll-back rates; assessment appeals .................... HB 1540 Ad valorem tax; special class; antique aircraft - CA.............................................. HR 527 Ad valorem tax; time extension for certain members of
armed forces; homestead exemption applications................................................SB 393 Alcoholic beverages; state excise taxes; increase .................................................. HB 378 Alimony and child support; financial status of parties; verification ........................ HB 21 Assisted living facilities; designation; provisions................................................ HB 1466 Assisted living facilities; Levels I and II; provisions........................................... HB 1033 Bankruptcy; exemptions from levy and sale; increase homestead
exemption .......................................................................................................... HB 1479 Bankruptcy; exemptions from levy and sale; increase homestead
exemption .......................................................................................................... HB 1532 Bona fide coin operated amusement machines; regulation.................................... HB 891 Bona fide conservation use property; additional ownership qualifications ........... HB 641 Bona fide conservation use property; include wildlife habitat
and production ................................................................................................... HB 1416 Bona fide conservation use property; notification; expiration
of covenants....................................................................................................... HB 1103 Bona fide conservation use property; undeveloped riverside
or streamside lands ............................................................................................ HB 1107 Bright From The Start: Georgia's Office of Early Care and
Education; create; certain tax credits................................................................. HB 1288 Business and occupation tax; adult bookstores and entertainment
outlets and explicit media outlets ........................................................................ HB 964 Business and occupation tax; certain construction permits;
mail or electronic means.................................................................................... HB 1598 Cigar and cigarette taxes; amend definitions ........................................................... HB 65 Cigar and cigarette taxes; certain local excise taxes; authorize ............................. HB 106 Cigar and cigarette taxes; certain local excise taxes; authorize ............................. HB 107 Cigar and cigarette taxes; change certain definitions........................................... HB 1065 Cigar and cigarette taxes; counterfeit cigarettes; penalties .................................... HB 844 Cigar and cigarette taxes; increase; loose or smokeless
tobacco; impose excise tax .................................................................................. HB 379 Cigars and cigarettes; certain local excise taxes; authorize ..................................... HB 85 Coin operated amusement machines; amend definitions ......................................... HB 75 Coin operated amusement machines; amend definitions ..................................... HB 1079 Coin operated amusement machines; revise provisions......................................... HB 573 Coin operated amusement machines; uses of regulatory
fees and fines - CA .............................................................................................. HR 618

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4450

INDEX

Community improvement district; imposition of sales tax; approval - CA ........... HR 814 Computer software; redefine; exclusions ............................................................... HB 533 Conform Code references to House and Senate committee names........................ HB 846 Dealers' sales tax returns; estimated tax liability payments;
increase threshold ................................................................................................ HB 855 Death tax; urge Congress abolish........................................................................... HR 982 Driver education for minors; income tax credit ..................................................... HB 813 Early Care and Learning, Department of; create; Georgia Child
Care Council; redesignate and transfer to Title 20; certain tax credits ................SB 456 Economic Development and Fiscal Accountability Act; enact.............................. HB 860 Education funding; ad valorem tax relief; impose 1 percent sales tax - CA........ HR 1371 Education funding; ad valorem tax relief; impose 1 percent sales tax - CA........ HR 1372 Education funding; repeal ad valorem tax; impose excise tax on
motor fuel - CA ..................................................................................................... HR 43 Education funding; repeal ad valorem tax; impose sales tax - CA ...................... HR 1264 Education funding; repeal ad valorem tax; impose sales tax - CA ...................... HR 1265 Education property tax relief grants; provisions .................................................. HB 1543 Education property tax relief grants; provisions .................................................. HB 1544 Employees' Retirement; tax officials' employees; membership............................. HB 382 Enterprise zones; pervasive poverty area; job tax credits .................................... HB 1527 Estate tax; amend certain definitions.................................................................... HB 1073 Estate tax; amend definitions ................................................................................... HB 66 Estate taxes; amend provisions............................................................................... HB 387 Excise tax; motor vehicle rentals; amend definitions............................................... HB 70 Excise tax; motor vehicle rentals; amend definitions........................................... HB 1080 Excise tax; motor vehicle rentals; gradual elimination ........................................ HB 1283 Excise tax on tobacco products; fund state Medicaid program - CA..................... HR 229 Federal tax cuts; urge Congress make permanent................................................ HR 1041 Fire protection; certain subscriptions; urge Congress to
provide federal income tax deduction ................................................................. HR 143 Firearms dealers; regulation authority; license provisions; surety bonds ...............SB 528 Georgia Income Tax Lottery Act; enact............................................................... HB 1425 Homeowner tax relief grants; alternative uses - CA .............................................. HR 258 Homestead exemption; certain veterans; maximum amount ............................... HB 1446 Homestead exemption; municipal purposes............................................................SB 615 Homestead exemption; state-wide base year assessed value - CA .......................... HR 22 Homestead exemption; state-wide base year assessed value - CA .......................... HR 80 Homestead option sales tax; referendum; disbursement of proceeds .................... HB 522 Homestead tax deferral; senior citizens; increase amount ..................................... HB 138 Hotel-motel tax; amend certain definitions.......................................................... HB 1072 Hotel-motel tax; amend definitions.......................................................................... HB 69 Hotel-motel tax; consolidated governments; amend provisions .......................... HB 1524 Hotel-motel tax; continuation; audits; review board; reports............................... HB 1201

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4451

Hotel-motel tax; counties and municipalities; amend provisions ........................ HB 1525 Hotel-motel tax; create review board; amend certain provisions......................... HB 1404 Hotel-motel tax; create review board; amend certain provisions......................... HB 1415 Hotel-motel tax; define certain authorities............................................................. HB 545 Hotel-motel tax; define certain convention and bureau authorities ..................... HB 1029 House Study Committee on Coin Operated Amusement
Machines; create .................................................................................................. HR 670 Income tax; amend certain definitions ..................................................................... HB 72 Income tax; amend certain definitions ................................................................. HB 1074 Income tax; biotechnology businesses; job tax credit............................................ HB 563 Income tax; certain monthly returns; increase threshold ....................................... HB 294 Income tax; corporations; allocation and apportionment formulas........................ HB 559 Income tax; corporations; allocation and apportionment formulas...................... HB 1405 Income tax; corporations; allocation and apportionment
formulas; comprehensive revision..................................................................... HB 1435 Income tax credit; certain businesses creating full-time jobs ................................ HB 422 Income tax credit; certain headquarters; creation of full-time jobs ....................... HB 492 Income tax credit; certain motion picture production investments ...................... HB 1775 Income tax credit; certain pharmaceutical companies ........................................... HB 993 Income tax credit; certain teachers and paraprofessionals ................................... HB 1530 Income tax credit; certain teachers or paraprofessionals ....................................... HB 453 Income tax; credit for premium energy efficient appliances.................................. HB 564 Income tax; credit for relocating headquarters; amend.......................................... HB 566 Income tax credit; qualified broadband equipment................................................ HB 961 Income tax credit; qualified child care expenses ..................................................... HB 36 Income tax credit; qualified child care expenses ................................................... HB 209 Income tax credit; qualified education expenses; home study programs............... HB 337 Income tax credit; qualified health insurance expenses ......................................... HB 252 Income tax credit; qualified health insurance expenses ......................................... HB 518 Income tax credit; qualified reforestation expenses............................................... HB 540 Income tax credit; qualified research expenses.................................................... HB 1212 Income tax credit; qualified research expenses; redefine base amount ............... HB 1541 Income tax credit; rural physicians; medical malpractice
insurance premiums........................................................................................... HB 1401 Income tax credits; certain businesses; border counties......................................... HB 325 Income tax credits; certain businesses; less developed areas................................. HB 298 Income tax credits; certain counties; wireless telecommunications carrier ......... HB 1515 Income tax credits; certain counties; wireless telecommunications carrier ......... HB 1516 Income tax credits; certain motion picture production investments .................... HB 1523 Income tax credits; home improvements and community
improvement districts .......................................................................................... HB 543 Income tax credits; individual development accounts;
comprehensive regulation.................................................................................. HB 1384

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4452

INDEX

Income tax credits; less developed areas; certain business enterprises; military bases ......................................................................................SB 11
Income tax credits; less developed areas; certain businesses; enterprise zones ................................................................................................... HB 984
Income tax credits; low or zero emission vehicles; electric chargers .................... HB 535 Income tax credit; teachers; qualified education expenses .................................... HB 431 Income tax credit; teleworking; provisions.......................................................... HB 1374 Income tax deduction; subscriptions paid for fire protection................................. HB 351 Income tax; eliminate ................................................................................................. HB 7 Income tax; estimated tax liability payments; increase threshold.......................... HB 852 Income tax estimate; failure to pay; underpayment calculation............................... HB 59 Income tax; exempt active duty military income ................................................... HB 118 Income tax; exempt capital gain income................................................................ HB 562 Income tax; exempt certain organ donation expenses.......................................... HB 1410 Income tax; exempt military income.......................................................................... HB 9 Income tax; exempt military income.................................................................... HB 1296 Income tax; exempt military income.................................................................... HB 1460 Income tax; exempt persons 65 or older .................................................................... HB 5 Income tax; false claims of independent contractor status; penalties .....................SB 491 Income tax; gradual reduction; abolishment .............................................................. HB 2 Income tax; independent contractors; certain false declarations.......................... HB 1444 Income tax; military income exclusion; amend provisions.................................. HB 1226 Income tax; monthly returns; increase threshold ................................................... HB 465 Income tax refunds; setoff debt collection; political subdivisions....................... HB 1319 Income tax refunds; setoff debt collection; political subdivisions....................... HB 1506 Income tax refunds; setoff debt; probation fees and restitution orders.................. HB 677 Income tax refunds; increase time for claiming ....................................................... HB 48 Income tax refunds; increase time for claiming ................................................... HB 1152 Income tax; repeal; prohibit levy and collection.................................................. HB 1686 Income tax returns; electronic filing; extend date.................................................. HB 536 Income tax; taxable net income; exclude capital gains .............................................. HB 4 Insurance premium tax credits; certified capital companies;
repeal provisions.................................................................................................. HB 549 Intangibles; real estate transfer tax; amend provisions ............................................ HB 77 Intangible tax; payment; recording of instruments ................................................ HB 513 Intangible tax; property in more than one county; prorated payment .................. HB 1665 Joint county and municipal sales tax; rate for consolidated governments ............. HB 207 Joint county and municipal sales tax; special districts; referendum .................... HB 1305 Joint county and municipal sales tax; 2 percent levy by
consolidated governments ..................................................................................... HB 92 Joint county and municipal sales tax; 2 percent levy by
consolidated governments ................................................................................... HB 249

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4453

Joint county and municipal sales tax; 2 percent levy by consolidated governments ................................................................................... HB 287
Joint Study Committee on Tobacco Tax Evasion; create .................................... HR 1309 Law enforcement officer; disabled in line of duty; retention
of weapon and badge ........................................................................................... HB 158 Local option sales tax; additional county 1 percent levy; authorization................ HB 297 Local sales tax; limitation; special county 1 percent sales
tax; water and sewer projects ............................................................................ HB 1545 Local sales tax; limitation; special county 1 percent sales
tax; water and sewer projects ............................................................................ HB 1546 Local sales tax; special county 1 percent sales tax; water
and sewer projects ............................................................................................. HB 1578 Local sales tax; special county 1 percent sales tax; water
and sewer projects ............................................................................................. HB 1612 Low income building projects; separate classification; ad
valorem taxes - CA ............................................................................................ HR 1095 Memorialize Congress; constitutional amendment prohibiting
judicially imposed taxes .................................................................................... HR 1424 Motor fuel and road tax; amend certain definitions ............................................. HB 1078 Motor fuel and road tax; amend definitions ............................................................. HB 71 Motor fuel tax and sales tax; dealers and distributors; amend
certain provisions............................................................................................... HB 1413 Municipal Option Sales Tax Act; enact ................................................................. HB 514 New municipality; creation; minimum distance; sales tax distribution ................. HB 315 Nuisance abatement liens and tax liens; collection; tax sales;
certain foreclosures...............................................................................................SB 182 Overpaid taxes; refunds by counties or municipalities; time to file claim........... HB 1605 President Bush's 2003 Economic Growth and Tax Relief Plan;
urge congressional delegation work to pass .........................................................SR 226 Property; exemptions from levy and sale; certain reciprocal exemption ................SB 347 Property sold for taxes; amend redemption amount................................................. HB 89 Property sold for taxes; foreclosure; right of redemption ...................................... HB 769 Property sold for taxes; redemption amount .......................................................... HB 477 Public Revenue Code; conform to federal law....................................................... HB 181 Public Revenue Code; conform to federal law....................................................... HB 534 Purchasing property at tax sales; registration of business...................................... HB 737 Real estate transfer tax; amend provisions........................................................... HB 1070 Redevelopment; tax allocation districts; amend certain provisions ..................... HB 1510 Redevelopment; tax allocation districts; amend certain provisions ..................... HB 1639 Refunds of certain taxes and fees; rate of interest.................................................. HB 137 Residential real property; freeze value; ad valorem tax;
assess at acquisition date value - CA....................................................................... HR 2
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4454

INDEX

Residential real property; freeze value; ad valorem tax; market value at acquisition - CA ..........................................................................SR 311
Revenue and taxation; amend certain provisions regarding definitions .............. HB 1100 Revenue and taxation; definitions; amend provisions.............................................. HB 64 Revenue, Department of; amend certain provisions ................................................ HB 68 Revenue, Department of; certain disclosure; taxpayer records............................ HB 1461 Revenue, Department of; change certain provisions............................................ HB 1077 Revenue laws; erroneous tax lien; correction provisions......................................... HB 58 Revenue; temporary income tax exemption; database of
special driver's license issuance ........................................................................ HB 1309 Sales and motor fuel taxes; dealers and distributors; amend provisions.............. HB 1459 Sales and use taxes; amend definitions ................................................................ HB 1082 Sales tax; amend certain definitions......................................................................... HB 76 Sales tax; certain refunds; restrictions.................................................................. HB 1239 Sales tax; educational purposes; local boards; performance audit......................... HB 346 Sales tax; educational purposes; millage rate reduction - CA.................................SR 580 Sales tax; exempt certain biotechnology research, product
development, or manufacturing........................................................................... HB 567 Sales tax; exempt certain sales; chartered boats..................................................... HB 349 Sales tax exemption; archeological exploration and preservation ......................... HB 223 Sales tax exemption; archeological exploration and preservation ......................... HB 308 Sales tax exemption; athletic event tickets; University System............................. HB 251 Sales tax exemption; certain gas for production of electricity ............................... HB 202 Sales tax exemption; certain sales to volunteer fire departments........................... HB 358 Sales tax exemption; certain school clothes, supplies,
computer items; limited time............................................................................... HB 204 Sales tax exemption; certain school clothes, supplies,
computer items; limited time............................................................................. HB 1412 Sales tax exemption; certain school supplies and dormitory
items; limited time ............................................................................................. HB 1504 Sales tax exemption; certain symphony halls ...................................................... HB 1332 Sales tax exemption; certain symphony halls ...................................................... HB 1386 Sales tax exemption; certain symphony halls ...................................................... HB 1511 Sales tax exemption; certain tangible personal property;
certain corporate attractions .............................................................................. HB 1528 Sales tax exemption; food and beverages; repeal;
homeowner's incentive adjustment trust fund ..................................................... HB 258 Sales tax exemption; fuel for certain swine raising purposes ................................ HB 425 Sales tax exemption; gas producing electricity; in-state use................................ HB 1502 Sales tax exemption; ice; poultry processing ....................................................... HB 1052 Sales tax exemption; ice; processing and storing poultry and vegetables ........... HB 1409 Sales tax exemption; Internet sales transactions .................................................. HB 1252 Sales tax exemption; liquefied gas; horticultural purposes...................................... HB 96

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INDEX

4455

Sales tax exemption; liquidation of estate of deceased person ............................ HB 1642 Sales tax exemption; nonprofit organizations providing child services............... HB 1744 Sales tax exemption; overhead materials; certain government contractors ......... HB 1238 Sales tax exemption; sales of certain energy efficient appliances ......................... HB 361 Sales tax exemption; school clothes, supplies, computers;
annually in August............................................................................................... HB 228 Sales tax exemption; school supplies, clothing, computers; limited time.............. HB 250 Sales tax exemption; school supplies, clothing, computers; limited time.............. HB 542 Sales tax exemption; school supplies; clothing; computers; limited time ........... HB 1184 Sales tax exemption; wax and dies used by military............................................ HB 1105 Sales tax; exempt sales of certain pollution control chemicals.............................. HB 141 Sales tax on certain food and beverages; allocate to
homeowner's incentive adjustment - CA............................................................. HR 108 Sales tax; phased-in exemption; food and beverages in vending machines........... HB 481 Sales tax; temporary change in rate........................................................................ HB 541 Sales tax; temporary rate change............................................................................ HB 520 Seed-Capital Fund; comprehensive revision of provisions.................................. HB 1507 Service delivery; funding; comprehensive provisions ......................................... HB 1714 Special county 1 percent sales tax; amend provisions ........................................... HB 572 Special county 1 percent sales tax; annual publication of audit........................... HB 1414 Special county 1 percent sales tax; consolidated governments;
public safety....................................................................................................... HB 1767 Special county 1 percent sales tax; extend time period........................................ HB 1436 Special county 1 percent sales tax; proceeds; authorize additional uses ............... HB 135 Special county sales tax; amend provisions; referendum..................................... HB 1199 Special county sales tax; issuance of general obligation
debt; use of proceeds; amend ............................................................................ HB 1306 Special purpose local option sales tax; levy and debt
provisions; referendum........................................................................................ HB 883 Special purpose 1 percent sales tax; proceeds; publish........................................ HB 1758 Special purpose 1 percent sales tax; proceeds; publish uses................................ HB 1513 State and local governments; tax allocation, redevelopment,
general obligation bonds.......................................................................................SB 514 State and Local Taxation, Financing, and Service Delivery
Revision Act of 2004; enact ................................................................................ HB 709 State and local tax revision; uniform sales and use tax administration................ HB 1437 State government; taxing and spending powers; limitations - CA....................... HR 1065 State Public Transportation Fund; priority of expenditures and
allocation of funds ............................................................................................. HB 1295 State purchasing; vendor requirements; contracts................................................ HB 1457 State Sovereignty and Federal Tax Funds Act; enact ................................................ HB 3 Taxable net income; exclude amount paid for health insurance ............................ HB 454 Taxable net income; exclude certain capital gains; condemned property............ HB 1255

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4456

INDEX

Taxable net income; exclude certain military pay ................................................. HB 100 Taxable net income; exclude certain military pay ................................................. HB 310 Taxable net income; retirement income exclusion; increase ................................. HB 116 Tax amnesty and property tax amnesty programs; provisions............................... HB 354 Tax collectors and tax commissioners; creditable training .................................. HB 1391 Tax disputes; taxpayer information; prohibit disclosure...................................... HB 1432 Taxes; tobacco products; licensure, definitions, penalties ................................... HB 1282 Tax executions and judicial sales; amend certain provisions............................... HB 1198 Tax executions; issuance; amend certain provisions............................................ HB 1071 Tax executions; issuance; amend provisions ........................................................... HB 74 Tax executions; issuance and transfer; prompt handling ..................................... HB 1187 Tax executions; prohibit sales .................................................................................. HB 88 Tax executions; prohibit sales ................................................................................ HB 306 Tax executions; prohibit sales .............................................................................. HB 1393 Tax levies and executions; amend provisions regarding sales................................. HB 73 Tax receivers; taxpayer statistical information; confidentiality............................. HB 529 Tax sales; notice period; redemption amount ...................................................... HB 1503 Tax sales; notice period; redemption amount ...................................................... HB 1520 Tax sales; notice; tax execution; redemption amount .......................................... HB 1106 Tax sales; redemption of property; amend provisions ......................................... HB 1170 Tax sales; redemption of property; amend provisions ......................................... HB 1188 Tax sales; redemption of property; amount payable .............................................. HB 538 Tax sales; redemption of property; amount payable ............................................ HB 1197 Tax sales; redemption of property; personal service of certain notice................... HB 654 Tax sales; tax levies and executions; change certain provisions.......................... HB 1066 Tobacco manufacturers; certain certifications; prohibited sales ............................ HB 774 Treasury and Fiscal Services, Office of; revenue enhancement fund .................. HB 1030 Waste management; sewage permits; redesignate certain provisions.................. HB 1468
TAYLOR, DONALD; commend .......................................................................... HR 1272
TEACHERS (Also, see Education) Adequate Yearly Progress Reports; review; appeals ........................................... HB 1635 Bill of rights for Georgia teachers; enact ............................................................... HB 275 Board of Regents; urge expansion of teacher education program ......................... HR 601 Certain personnel; continuing education online................................................... HB 1698 Certain teachers; salary step increases; urge State Board of Education adopt............................................................................................... HR 145 Certificated professional personnel; compensation................................................ HB 271 Certificated professional personnel; regulation...................................................... HB 877 Certification renewal; computer skill competency; prohibit requirement ........... HB 1053 Certification renewal; computer skills test not required ...................................... HB 1172 County appointed school superintendents; early termination; provisions ............. HB 435

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INDEX

4457

Education; high-performing schools; exemptions from certain requirements ...................................................................................................... HB 1636
Education laws; amend provisions ....................................................................... HB 1190 Education; standard grading system for K-12; urge Board study issue ............... HR 1346 Employees' Retirement and Teachers Retirement; unused
sick leave; credit .................................................................................................. HB 817 Income tax credit; certain teachers and paraprofessionals ................................... HB 1530 Income tax credit; certain teachers or paraprofessionals ....................................... HB 453 Income tax credit; qualified education expenses; home study programs............... HB 337 Income tax credit; teachers; qualified education expenses .................................... HB 431 Nonrenewal of contract; local boards adopt policy................................................ HB 362 Professional personnel; results of background checks......................................... HB 1151 Public schools; annually observe Celebrate Freedom Week;
week of 9/11 ........................................................................................................ HB 253 Retirement; certain non-public school service; credit............................................ HB 873 Retirement; certain prior service in public schools; credit..................................... HB 345 Retirement; contribution rate; certain reduction .................................................... HB 267 Retirement; creditable service; 29 years ................................................................ HB 230 Retirement; early retirement; eliminate penalty..................................................... HB 235 Retirement; employee's contribution rate............................................................... HB 232 Retirement; 5 years' service; vested benefit ........................................................... HB 615 Retirement; increase retirement allowance multiplier ........................................... HB 233 Retirement; postretirement benefit increase........................................................... HB 624 Retirement; prior service; definition ...................................................................... HB 606 Retirement; reduced retirement allowance and partial lump
sum payment; provisions..................................................................................... HB 917 Retirement; reemployment of retired teachers ....................................................... HB 216 Retirement; reemployment of retired teachers ....................................................... HB 231 Retirement; reemployment of retired teachers ....................................................... HB 376 Retirement; reemployment of retired teachers; provisions .................................... HB 366 Retirement; university system employees; optional plan........................................SB 253 Retirement; vested after 5 years' service ................................................................ HB 608 Retirement; vested benefit; 5 years' membership................................................... HB 546 Rights for continued employment; restore ............................................................... HB 81 Salary supplements; certain donations - CA .............................................................. HR 3 Special license plates; revenue dedication; certain nonprofit
organizations - CA............................................................................................. HR 1322 Students; certain acts of physical violence; disciplinary tribunal .......................... HB 583 Teacher-student ratios; kindergarten and grades one through
three in public schools - CA .............................................................................. HR 1578 Whistleblowers' Protection Act for Public School Employees; enact ....................SB 254
TEASLEY, JEFF; Georgia State Patrol Trooper First Class; commend .............. HR 1728

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4458

INDEX

TELEPHONE AND TELEGRAPH SERVICE Advisory referendum; using hand-held mobile phone while driving vehicle; prohibit ............................................................................ HB 908 Communication service and devices; unlawful access; penalties .......................... HB 867 Emergency "9-1-1" system; interoperable communications; wireline and wireless ......................................................................................... HB 1518 Emergency '911' systems; joint authorities; intergovernment contracts .............. HB 1746 Family Violence Shelter Confidentiality Act of 2004; enact..................................SB 147 Income tax credit; qualified broadband equipment................................................ HB 961 Income tax credit; teleworking; provisions.......................................................... HB 1374 Local phone companies; payment centers.............................................................. HB 311 Motor vehicles; radios and mobile phones; prohibit certain use............................ HB 125 Pari-mutuel wagering; General Assembly provide by law - CA ........................... HR 547 Public Service Commission; authority to regulate rates; pilot project..................... HB 50 Public service corporations or utilities; increase certain fees .............................. HB 1354 State and local governments; telephone call centers outside U. S.; prohibition ............................................................................................... HB 1357 State government; phones; prohibit certain voice mail use.................................... HB 627 Telecommunications; audible universal information access services; blind and print disabled citizens ......................................................... HB 1055 Telecommunications companies; process for disputing charges; disclosure ........................................................................................................... HB 1149 Telecommunications; income tax credits; less developed areas ...............................SB 11 Telephone service; collect long distance calls; required announcement ............... HB 604 Uniform rules of the road; mobile telephones; certain prohibition.......................... HB 83
TELEVISION Cable television systems; underground cable; installation requirement .............. HB 1625 Communication service and devices; unlawful access; penalties .......................... HB 867 Income tax credit; qualified broadband equipment................................................ HB 961 Local government; cable television providers; franchising provisions...................SB 445 Torts; "Levi's Call: GA's Amber Alert Program"; liability; exempt broadcasters .......................................................................................... HB 1075 Trials; young victims of certain crimes; closed circuit television for questioning..................................................................................................... HB 400 Uniform rules of the road; television in motor vehicles; prohibition; exception...........................................................................................SB 506
TELFAIR COUNTY; governing authority; amend provisions .............................. HB 957
TERRELL COUNTY Airport authority; name and membership; change............................................... HB 1495 Education districts; reapportion............................................................................ HB 1629

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INDEX

4459

TERRORISM Emergency safety plans; unified incident command system; Airport Anti-Terrorism Training Committee .......................................................SB 243 Homeland security; urge president and Congress provide funding ....................... HR 855 Immigration; urge comprehensive federal reform ............................................... HR 1375 Judicial Emergency Act of 2004; enact................................................................ HB 1450 Metropolitan Atlanta area criminal gang policy and review committee; urge creation ................................................................................... HR 1569 Missile defense system; declare support .................................................................SR 232 Open meetings and records; amend provisions...................................................... HB 827 Open meetings and records; exception to disclosure; security issues.................... HB 384 Special license plates; veterans of Global War on Terrorism .................................SB 479 Terrorists and weapons of mass destruction; urge Congress support President's effort to protect U. S............................................................. HR 988 Torts; federal smallpox vaccination program; hospitals and employees and health care providers and workers; immunity .............................SB 336 Vaccination program for emergency responders; contingent upon bioterrorism funding....................................................................................SB 333 War on Terrorism Local Assistance Act; enact ..................................................... HB 595
THACKER, KAITLYN; commend ...................................................................... HR 1378
THACKSTON, JOHN; commend ........................................................................ HR 1268
THANKFUL MISSIONARY BAPTIST CHURCH AND REVEREND JACK MARKS; commend ................................................ HR 1453
THE CAIRO MESSENGER; 100th birthday; commend .................................... HR 1185
THE DAHLONEGA NUGGET; commend......................................................... HR 1803
THE FIRST BAPTIST CHURCH, COLUMBUS; commend............................ HR 1282
THE 100 BLACK MEN OF ROME, INC.; commend ....................................... HR 1839
THEFT Certain fiduciaries; increased penalties................................................................ HB 1463 Crimes and offenses and torts; film piracy; certain immunity ................................SB 439
THELMA "T-LADY" BRIDGE; designate .............................................................SR 66
THOMAS, EMMA LOUISE MCDANIEL; commend....................................... HR 1802

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4460

INDEX

THOMAS, REVEREND PAUL Commend; recognize 2/29/04 as Paul Thomas Day at First Baptist Church in Tifton.................................................................................... HR 1410
THOMASON, OWEN; commend ........................................................................ HR 1601
THOMPSON, ERIK; commend ........................................................................... HR 1231
THOMPSON, JASON RONALD; commend ...................................................... HR 1094
THOMPSON, RITA C.; commend....................................................................... HR 1506
THOMSON HIGH SCHOOL FOOTBALL TEAM; invite to House ................. HR 378
THORNTON, CYNTHIA; commend................................................................... HR 1491
THUNDERBOLT, CITY OF Homestead exemption; unremarried surviving spouse ........................................ HB 1724
TIFT COUNTY 4-H POULTRY JUDGING TEAM; commend....................... HR 1987
TILLMAN, CARRIE; commend on 102nd birthday............................................ HR 1354
TOBACCO AND TOBACCO RELATED PRODUCTS Cigar and cigarette taxes; amend definitions ........................................................... HB 65 Cigar and cigarette taxes; certain local excise taxes; authorize ............................. HB 106 Cigar and cigarette taxes; certain local excise taxes; authorize ............................. HB 107 Cigar and cigarette taxes; change certain definitions........................................... HB 1065 Cigar and cigarette taxes; counterfeit cigarettes; penalties .................................... HB 844 Cigar and cigarette taxes; increase; loose or smokeless tobacco; impose excise tax................................................................................................. HB 379 Cigarettes and tobacco products; prohibit possession by minors; exceptions............................................................................................... HB 653 Cigarettes and tobacco products; sales to minors; amend provisions .................... HB 894 Cigars and cigarettes; certain local excise taxes; authorize ..................................... HB 85 Contracts; cigarette dealers and manufacturers; prohibitions ................................ HB 485 Fire hazards; prohibit smoking within 20 feet of gas pumps ............................... HB 1046 Joint Study Committee on Tobacco Tax Evasion; create .................................... HR 1309 Rules of House; amend Rule 13 ........................................................................... HR 1193 Smokefree Air Act of 2004; enact...........................................................................SB 507 Smoking in motor vehicle with child in car seat; define offense ......................... HB 1138 Smoking in public places; prohibitions; certain exceptions................................. HB 1670 State excise tax on tobacco products; fund state Medicaid program - CA ............ HR 229

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INDEX

4461

Taxes; tobacco products; licensure, definitions, penalties ................................... HB 1282 Tobacco manufacturers; certain certifications; prohibited sales ............................ HB 774 Tobacco product manufacturer directory; inclusion ............................................ HB 1050 Tobacco product manufacturers; escrow account deposits; payments ................ HB 1049 Tobacco product manufacturers; master settlement agreement;
escrow funds .........................................................................................................SB 395 Tobacco tax proceeds; uses; Medical Trust Fund - CA ......................................... HR 780
TOMMY R. CRABB SR. MEMORIAL HIGHWAY; designate ........................ HR 559
TORTS Broadcasters engaged in Levi's Call; immunity......................................................SB 400 Certain emergency health care; limited liability .................................................. HB 1339 Certain hospital emergency room physicians; liability ........................................ HB 1396 Certain hospital emergency room physicians; liability ........................................ HB 1419 Certain hospital emergency room physicians; liability ........................................ HB 1805 Civil practice and torts; substantial revision of provisions; health care............... HB 1472 Civil practice, evidentiary matters, and liability in tort actions; comprehensive revision of provisions ............................................................... HB 1712 Common Sense Civil Justice Reform Act; enact ....................................................SB 133 Crimes and offenses and torts; film piracy; certain immunity ................................SB 439 Damages; attorney's fees ...................................................................................... HB 1340 Damages; collateral sources; definitions and provisions ..................................... HB 1342 Damages; joint trespassers ................................................................................... HB 1338 Damages; joint trespassers ................................................................................... HB 1421 Federal smallpox vaccination program; hospitals and employees and health care providers and workers; immunity ..............................................SB 336 Fees and costs of litigation; recovery ..................................................................... HB 417 Free health clinics; limit liability.......................................................................... HB 1576 Free health clinics; limit liability.......................................................................... HB 1674 Free health clinics; limit liability.......................................................................... HB 1711 Health care services; noneconomic damages ....................................................... HB 1618 Joint trespassers; damages; recovery; amend provisions ..................................... HB 1790 Joint trespassers; damages; recovery; amend provisions ..................................... HB 1791 "Levi's Call: GA's Amber Alert Program"; liability; exempt broadcasters......... HB 1075 Limiting liability of free health clinics; provide .................................................. HB 1793 Malpractice insurance; cancellation or increase in premiums; agent restrictions................................................................................................ HB 1596 Malpractice insurance; cancellation or increase in premiums; agent restrictions................................................................................................ HB 1806 Medical malpractice; limit attorney's fees............................................................ HB 1813 Noneconomic damages; financial limitations ...................................................... HB 1343 Noneconomic damages; financial limitations ...................................................... HB 1422

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4462

INDEX

Structured settlement payment rights; court filings; cancellation rights.................SB 174 Voluntary health care providers; limit liability .................................................... HB 1204
TOURISM INDUSTRY IN GEORGIA; commend ............................................ HR 1133
TOWERS, ADMIRAL JOHN HENRY Authorize placement of portrait in state capitol ......................................................SR 942
TRADE (See Commerce and Trade)
TRAFFIC OFFENSES (See Motor Vehicles and Traffic)
TRAN, HANG; commend...................................................................................... HR 1588
TRANSPORTATION, DEPARTMENT OF (Also, see Highways, Bridges, and Ferries) Appointment of investigators; streetcar pilot projects; provisions ...................... HB 1156 Commercial driveways; permits; certain school bus loading areas ....................... HB 763 Community Streetcar Development and Revitalization Act; enact ........................SB 516 Counties and municipalities; certain building permits; notice to local boards of education and Department of Transportation ......................... HB 432 Developmental Highway System; add highway .................................................. HB 1640 Developmental Highway System; road corridors; change description .................. HB 486 Employees' Retirement; certain law enforcement personnel; benefit formula .................................................................................................... HB 476 Georgia Regional Transportation Authority; administrative assignment; Department of Transportation ....................................................... HB 1760 Highways; outdoor advertising; certain restriction .............................................. HB 1464 Highways; transportation facilities; bicycles and passenger trains...................... HB 1465 Mass transportation service; increase limit of state funds...................................... HB 263 Minority business enterprises; certification procedures; amend provisions ...........SB 115 Motorized cart; redefine; amend provisions......................................................... HB 1063 Motor vehicles; definitions; lane restrictions; HOV lanes ......................................SB 489 Public road funds; metropolitan planning organizations; formation...................... HB 851 Public roads; allocation of state and federal funds..................................................SB 425 Public roads; allocation of state and federal funds; remove MARTA provisions ..............................................................................................SB 127 Public roads and Georgia Regional Transportation Authority; repeal allocation of funds .................................................................................... HB 212 Public roads and transportation projects; design-build procedures.........................SB 553 Public roads; balancing federal and state funds; certain projects......................... HB 1257 Public roads; design-build contracts; definitions and provisions......................... HB 1644 Public roads; erection of sign without permit; $500 fine ....................................... HB 705

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INDEX

4463

Railroad crossings; elimination; petition provisions............................................ HB 1254 Roadside beautification; public rights of way; provisions ..................................... HB 180 State Board; call for election of member from Ninth
Congressional District ....................................................................................... Page 238 State Board; call for election of member from Seventh
Congressional District ....................................................................................... Page 237 State Board; election; Honorable Garland Pinholster; Seventh
Congressional District ....................................................................................... Page 351 State Board; election; Honorable William B. Kuhlke; Ninth
Congressional District ....................................................................................... Page 354 State Board; election of members in caucuses; open voting...................................SB 438 State Public Transportation Fund; priority of expenditures
and allocation of funds ...................................................................................... HB 1295 State Road and Tollway Authority; certain SR 400 tolls; restrict usage................ HB 218 State Road and Tollway Authority; use of tolls ....................................................... HR 66 Transportation Infrastructure Bank Act; enact..................................................... HB 1136 Vehicles and loads; certain weight limitations; farm products ............................ HB 1235 Vehicles and loads; excess weight; penalties ......................................................... HB 636
TREASURY AND FISCAL SERVICES, OFFICE OF Additional powers and duties ............................................................................... HB 1089 Investments; change provisions............................................................................ HB 1517 Revenue enhancement fund.................................................................................. HB 1030
TRIALS Bonds and recognizances; remove court's discretion for certain persons .............. HB 918 Criminal procedure; demands for trial; amend provisions................................... HB 1264 Criminal trials; prosecuting attorney; open and conclude arguments to jury ..................................................................................................SB 414 Employment; crime victims; unpaid leave to attend proceedings ......................... HB 508 Juries; peremptory challenges; equal number of strikes ...................................... HB 1657 Juries; peremptory challenges; equal number of strikes ...................................... HB 1678 Juries; peremptory challenges; equal number of strikes ...................................... HB 1739 Trial juries; civil cases; challenges for causes ..................................................... HB 1484 Trial juries; panels; selection; equal number of peremptory strikes .........................SB 27 Trial juries; peremptory challenges; alternate jurors.............................................. HB 859 Trial juries; state and defense; equal peremptory strikes ....................................... HB 299 Young victims of certain crimes; closed circuit television for questioning........... HB 400
TRI-COUNTY GMAC REALTY AND DIANNE KESSLER; commend.......................................................................................... HR 1711
TRION ELEMENTARY SCHOOL; commend .................................................. HR 1920

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4464

INDEX

TRION HIGH SCHOOL DEBATE TEAM Invite team and coaches to House ........................................................................ HR 1733
TRION MIDDLE SCHOOL; Georgia School of Excellence; commend ............ HR 1900
TRION, TOWN OF; board of education; powers and duties ............................... HB 1748
TRIPLETT, DAVID; commend............................................................................ HR 1359
TROTT, LORRAINE; commend ......................................................................... HR 1210
TROUP COUNTY Collection of ad valorem taxes; urge to resolve dispute ...................................... HR 1577 State court; solicitor-general ................................................................................ HB 1685
TROUP COUNTY SCHOOL SYSTEM NATIONAL BOARD CERTIFIED TEACHERS Commend ............................................................................................................. HR 1112 Invite to House ..................................................................................................... HR 1173
TROYER, KRISTYN; commend.......................................................................... HR 2023
TRUANCY INTERVENTION PROJECT; commend....................................... HR 1783
TRUSTS (Also, see Wills, Trusts, and Administration of Estates) Death tax; urge Congress abolish........................................................................... HR 982 Department of Natural Resources; assign law enforcement personnel on certain public beaches .................................................................... HR 604 Sales tax on certain food and beverages; allocate to homeowner's incentive adjustment - CA............................................................. HR 108 Special license plates; community greenspace preservation trust fund - CA..................................................................................................... HR 587 Special U. S. flag license plate fees; certain education trust fund - CA ................ HR 322 Subsequent Injury Trust Fund Joint Study Committee; create .............................. HR 263 Tobacco tax proceeds; uses; Medical Trust Fund - CA ......................................... HR 780 Uncompensated trauma care; trust fund to pay hospitals - CA............................ HR 1420
TUCKER, HENRY ROY; commend on 107th birthday ...................................... HR 1625
TUDOR, JIM; commend ....................................................................................... HR 1520
TUFTS, DAVID; commend ................................................................................... HR 1103
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4465

TUGGLE, SHERIFF STANLEY Clayton County Sheriff's Office; commend ......................................................... HR 1993
TUMLIN, JENNIFER; commend ........................................................................ HR 1267
TURNER, CANDACE; commend ........................................................................ HR 1114
TURNER COUNTY; board of education; compensation ..................................... HB 1773
TURNER, TRACI LYNNETTE TRAMMELL; condolences ........................... HR 1246
TWIGGS COUNTY; board of education; vacancies ............................................ HB 1531
TWIGGS, HONORABLE RALPH; condolences ................................................. HR 969
TYBEE ISLAND, CITY OF Homestead exemption; unremarried surviving spouse ........................................ HB 1726
TYRE, DR. O. EUGENE; commend .................................................................... HR 1841
TYUS, WYOMIA; commend ................................................................................ HR 1406
U
U. S. CONSTITUTION Prior calls for convention to amend; rescind and repeal ......................................HR 1343 Urge amendment to prohibit judicial taxation......................................................HR 1098
UNEMPLOYMENT COMPENSATION (See Employment or Labor and Industrial Relations)
UNIFORM ALERT; encourage participation by certain cities.............................HR 1821
UNIFORM RULES OF THE ROAD All terrain vehicles; restrictions, violations, penalties; change certain provisions ..................................................................................HB 1294 Bail; driving under influence; amend release provisions .....................................HB 1166 Child Highway Safety Act; amend provisions .....................................................HB 1334 Dangerous driving; duty of passenger ..................................................................HB 1482 Disabled persons; identification cards and parking; include persons age 85 or above.......................................................................................HB 793
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4466

INDEX

Disabled persons; redefine; temporary parking permits.......................................HB 1176 Drivers' licenses, cell phones, seat belts, minors; amend provisions ...................HB 1241 Driving under the influence; chemical testing requests; hospitals
receiving state funds ..........................................................................................HB 1293 Driving under the influence of marijuana; prohibition;
remove exception...............................................................................................HB 1587 Driving under the influence; refusal to submit to chemical
testing; create offense ..........................................................................................HB 651 Feticide; redefine; manslaughter, assault, battery; define
unborn child .......................................................................................................HB 1458 Fleeing or eluding a police officer; define offenses; penalties.............................HB 1221 Fleeing or eluding police while driving under the influence; felony .....................HB 283 Handicapped parking; enforcement; change provisions......................................... SB 302 Leaving child unattended in car; fine ...................................................................HB 1035 Maximum speed limit; school zones; 25 miles per hour........................................HB 219 Mobile telephones; certain prohibition.....................................................................HB 83 Motorcycles; certain traffic-control signals; regulations......................................HB 1251 Motorized cart; redefine; amend provisions.........................................................HB 1063 Motor vehicle accidents; removal of vehicles from roadways............................... SB 525 Motor vehicle insurance; issuance, renewal, termination;
amend certain provisions ...................................................................................HB 1509 Motor vehicles and traffic; implied consent warning; amend provisions ............HB 1765 Motor vehicles; definitions; lane restrictions; HOV lanes ..................................... SB 489 Motor vehicles; maximum speed limits for trucks; exception ...............................HB 353 Motor vehicles; radio and other sound-making devices;
limits on sound volume........................................................................................HB 302 Motor vehicles; radios and mobile phones; prohibit certain use............................HB 125 Motor vehicles; registration; proof of insurance ....................................................HB 610 Offense of fleeing or attempting to elude a police officer; penalties ..................... SB 297 Parking for persons with disabilities; include lupus and other
sunlight-sensitive conditions ............................................................................... SB 481 Parking permits; certain transporters of persons with disabilities..........................HB 613 Securing vehicle loads; live animal provisions ......................................................HB 460 Surveillance technology on highways; prohibit recorded
images of persons in motor vehicles.................................................................... SB 603 Television in motor vehicles; prohibition; exception ............................................. SB 506 Tests of certain substances; lab certificates; admission as evidence......................HB 238 Traffic control device preemption emitters; prohibition ......................................HB 1113 Traffic offenses; certain right of way violations; penalties ..................................HB 1155 Uniform rules and driver's licenses; probation restrictions ....................................HB 863
UNION COUNTY; grant easement ......................................................................... SR 651

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4467

UNITED NATIONS China, Republic of; commend efforts in joining the United Nations and other international organizations.................................................................HR 1758 Urge Congress withdraw United States membership ...........................................HR 1194
UNIVERSITY OF GEORGIA WOMEN'S EQUESTRIAN TEAM; commend ................................................................................................HR 1850
UNIVERSITY SYSTEM OF GEORGIA (See Board of Regents, University System of Georgia)
URSITTI, INVESTIGATOR MARTIN; commend............................................HR 1879
USA AS JUDEO-CHRISTIAN NATION; urge Congress reaffirm ........................HR 27
USED MOTOR VEHICLE DEALERS AND PARTS DEALERS Commercial Code and motor vehicles; certain transactions between dealer and owner ...................................................................................HB 221 Commercial Code; used motor vehicle dealers; certain warranties .....................HB 1423 Salvaged and rebuilt motor vehicles; certificate of title; redefine builder ............. SB 357 State licensing board; reduce number of members.................................................HB 597 Used car dealers; surety bond .................................................................................HB 585
USRY, NICK Commend..............................................................................................................HR 1053 Commend..............................................................................................................HR 1107

V
VANDERGRIFF, JEREMY S.; commend...........................................................HR 1499
VENABLE, WILLIAM, SR., AND WILLIAM, JR.; condolences....................HR 1638
VENUE (See Jurisdiction and Venue)
VERDICT AND JUDGMENT Appeals; judgments and rulings; amend provisions...............................................HB 322 Appeals; supersedeas bonds and other forms of security; maximum allowable amount................................................................................ SB 411 Bonds and recognizances; appearance bonds; judgments ....................................HB 1006 Civil actions; certain settlement differential; reasonable costs ..............................HB 887 Executions; judgments; cancellation when satisfied ............................................HB 1431
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4468

INDEX

Judgments; inclusion of costs; specify types........................................................HB 1222 Personal property in custody of law enforcement agency;
disposition............................................................................................................HB 484
VERMICULTURE; branch of agricultural industry; define.................................HB 1101
VERNONBURG, CITY OF Homestead exemption; unremarried surviving spouse.........................................HB 1725
VETERANS AFFAIRS Ad valorem tax; motor vehicles; exempt Medal of Honor recipients ..................HB 1656 Ad valorem tax; motor vehicles; exempt veterans organizations...........................HB 626 Assisted living facilities; Levels I and II; provisions ...........................................HB 1033 Drivers' licenses; residency requirements; veteran's license ..................................HB 356 Fair Lending Act; points and fees; exclude funding fees for USDVA loans.................................................................................................HB 146 Georgia War Veterans Nursing Home Trust Fund; create; special license plates............................................................................................HB 911 Georgia War Veterans Nursing Home Trust Fund; create; special plates - CA ...............................................................................................HR 614 Guardian and ward; comprehensive rewrite of provisions.....................................HB 229 Homestead exemption; certain veterans; maximum amount................................HB 1446 Hunting and fishing; honorary licenses; disability certification...........................HB 1608 Hunting and fishing; lifetime honorary licenses; certain military veterans .........HB 1586 License plates; disabled veteran; vehicle owned by certain trust...........................HB 611 License plates; free to certain veterans; departmental duties ...............................HB 1447 Monuments honoring military personnel; protection ...........................................HB 1654 Motor vehicles; certificate of title and driver's license suspension; amend provisions ............................................................................. SB 461 Occupation taxes; certain exemption; Department of Veterans Service ..............HB 1445 Purple Heart Highway; designate portion of State Route 232 ...............................HR 398 Special license plates for motorcycles; veterans awarded Purple Heart ................ SB 470 Special license plates; Medal of Honor; surviving spouse retain.........................HB 1253 Special license plates; Purple Heart, Bronze Star, Silver Star, or Distinguished Service Cross recipients ........................................................... SB 120 Special license plates; retired reservists or National Guard members ...................HB 274 Special license plates; veterans of Global War on Terrorism ................................ SB 479 State and Local Taxation, Financing, and Service Delivery Revision Act of 2004; enact ................................................................................HB 709 State income tax; exempt military income ...........................................................HB 1296 Veterans' health care; insure mandatory funding; memorialize Congress .............HR 815 Veterans' homes; executive directors; appointment .............................................HB 1390

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INDEX

4469

World War II veterans and families; Georgia's "Tribute to Its World War II Generation"; recognize May 24-30, 2004..............................HR 1889
World War II Veterans Recognition Day; recognize 5/29/04 ..............................HR 1855
VETERANS MEMORIAL HIGHWAY Designate; Banks County veterans; commend .........................................................HR 90
VETERINARIANS AND VETERINARY TECHNICIANS State licensing board; reduce number of members.................................................HB 597
VETOES Communications from Governor................................................Pages 7, 13, 16, 17, 2642
VICE, RANDY; commend.....................................................................................HR 1825
VICK, SHIRLEY LEE, JR.; condolences............................................................HR 1793
VICTIMS OF CRIME Department of Probation and Parole Community Based Supervision; create.............................................................................................HB 1154 Division of probation and parole community based supervision; create .............HB 1163 Driving under the influence; additional penalties; victim compensation awards.............................................................................................HB 20 Employment; unpaid leave to attend proceedings..................................................HB 508 Graffiti; compensation to property owners; local governments establish programs.......................................................................... SB 312 Graffiti; compensation to property owners; use of inmate labor to remove from private property................................................................. SB 313 House Study Committee on Funding for Local Victim Assistance Programs; create ................................................................................HR 669 Local victim assistance programs; funding; additional penalty ...........................HB 1562 Local victim assistance programs; funding; amend provisions............................HB 1561 Restitution and distribution; escrow accounts; liability .......................................HB 1249 Restitution; certain medical costs ........................................................................... SB 419 Senior Protection Advisory Council; create .........................................................HB 1250 Sexual assault victims; protocols and protocol committees; assistance programs ............................................................................................. SB 457 Trials; young victims of certain crimes; closed circuit television for questioning ....................................................................................HB 400
VICTORY OVER VIOLENCE DAY AT THE CAPITOL Observe 3/29/04....................................................................................................HR 1675
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4470

INDEX

VIETNAMESE COMMUNITY Commend; recognize pride in "Vietnamese Heritage and Freedom Flag" ...................................................................................................HR 1866
VITAL RECORDS Adoptions and child-placing agencies; records access; birth records; practices and procedures.......................................................................... SB 55 Adoptions; name change of office; amend provisions ...........................................HB 176 Amend provisions; create Office of Vital Records ................................................ SB 478 Baby's Right to Know Act; enact .............................................................................HB 18 Birth certificate in legitimations, paternity orders, and adoptions ......................... SB 263 Birth certificates; unwed mothers; identify fathers ..............................................HB 1566 Childhood vaccination registry; include all persons from birth to death ......................................................................................................HB 1526
VIVELO 2004; commend ......................................................................................HR 1285
VOCATIONAL, TECHNICAL, AND ADULT EDUCATION Colleges and technical schools; textbooks in electronic format.............................HB 712 Colleges; certain bookstores; textbooks; maximum price....................................HB 1368 Public funds; certain write-offs; Department of Technical and Adult Education ..........................................................................................HB 1582
VOPAK TERMINAL SAVANNAH & ST SERVICES; commend...................HR 1135
VOTING (Also, see Elections) Elections; absentee voting; provisions ...................................................................HB 128 Elections; direct recording electronic voting systems; amend provisions .................................................................................................HB 427 Elections; on-site absentee voting; provisions........................................................HB 752 Elections; political party candidates; nominate by plurality vote ............................HB 27 Election superintendent; office to remain open until ballots are counted...........................................................................................................HB 114 Elections; voting precinct; boundaries; gated community ...................................HB 1481 Electronic recording voting systems; voter-verifiable audit trail; permanent paper records ............................................................................. SB 500 Voter registration; application through hunting and fishing license applications .............................................................................................. SB 541 Voter registration; declare political party; primaries; vote declared party ballot only ......................................................................................HB 28 Voting precincts; boundaries; gated community or planned unit development................................................................................................HB 1228

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INDEX

4471

W
WADE, CLAUDE MILTON; commend on 95th birthday...................................HR 1363
WAGNER, DR. JAMES WARREN; commend ..................................................HR 1572
WALESKA, CITY OF Corporate boundaries; municipal powers; amend provisions ..............................HB 1797
WALKER BROTHERS; commend......................................................................HR 1714
WALKER COUNTY Chief magistrate and probate court judge; nonpartisan elections........................... SB 634 Rural water and sewer authority; amend provisions ............................................HB 1494
WALKER SCHOOL Lady Wolverines Tennis Team; commend...........................................................HR 1412 Wolverines Girls Soccer Team; commend...........................................................HR 1411
WALKER, DARIUS; commend..............................................................................HR 970
WALKER, HONORABLE LARRY; commend..................................................HR 1692
WALKER, MRS. LESTER LEE; condolences ...................................................HR 1637
WALTON COUNTY Atlanta Regional Commission; certain counties; ratify partial incorporation......................................................................................................HR 1308
WARD, DR. CHARLES; condolences; recognize Mary Ward ............................HR 1088
WARE COUNTY Board of elections; create .....................................................................................HB 1721 Probate judge; nonpartisan elections ....................................................................HB 1601 State court solicitor-general and judge; compensation.........................................HB 1602
WARE, ROBERT CALHOUN; commend ..........................................................HR 1497
WARE, STEPHANIE AND CLAY; commend....................................................HR 1281
WARRANTS Electronic communications systems; subpoenas and warrants; provisions .........HB 1360 Prosecution costs; include certain transportation cost............................................HB 954

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4472

INDEX

WARREN, HONORABLE PETE; communications...................Pages 1815, 2075, 2436
WARWICK, CITY OF; recognize as Grits Capital of Georgia ...........................HR 1333
WASHINGTON, ARTHUR, JR.; condolences ...................................................HR 1745
WASHINGTON, CITY OF; amend provisions....................................................HB 1681
WASTE MANAGEMENT Disposal facilities; comply with local ordinances ................................................HB 1284 Environmental policy; regulatory decisions; publication requirements................. SB 172 House Solid Waste Management Study Committee; create.................................HR 1579 Landfill sites; used for certain construction; required tests....................................HB 495 Local sales tax; limitation; special county 1 percent sales tax; water and sewer projects....................................................................................HB 1545 Local sales tax; limitation; special county 1 percent sales tax; water and sewer projects....................................................................................HB 1546 Municipal landfill; distance requirement from residence.......................................HB 496 Plasma arc technology; renewable energy; state recognize .................................HR 1759 Public-Private Infrastructure Act of 2003; enact.................................................... SB 273 Sewage holding tanks; commercial waste; regulation............................................HB 487 Sewage holding tanks; commercial waste; regulation..........................................HB 1408 Sewage management; grease and other commercial waste .................................... SB 568 Sewage permits; redesignate certain provisions...................................................HB 1468 Solid Waste and Hazardous Water Response Trust Fund; create - CA ...............HR 1425 Solid waste facilities; permit modification provisions ...........................................HB 882 Solid waste management; permitting of facilities; certain prohibition ................HB 1083 Used tires; counties and municipalities regulating storage; enforce ordinances ............................................................................................... SB 348
WATER AND WASTEWATER (Also, see Waters, Ports, and Watercraft) Ad valorem tax; preferential assessment; certain storm-water wetlands ...............HB 528 Agricultural Water Conservation Incentive Program; create ................................. SB 436 Buildings and housing; plumbing fixtures; water flow ........................................HB 1467 Certain state and local construction; urge certain design and material standards .........................................................................................HR 668 Coastal marshlands; protection provisions; exempt certain property.....................HB 178 Comprehensive State-wide Water Planning Management Act; enact; Water Council; create................................................................................HB 237 Counties and municipalities; public water and sewage systems; prohibitions; exceptions ......................................................................HB 1205 Environmental policy; regulatory decisions; publication requirements................. SB 172

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INDEX

4473

Ground-water withdrawal permits; urge EPD revoke certain permit and lift moratorium.................................................................................HR 1762
Joint Study Committee on Coastal Marshlands Protection; create ........................HR 271 Joint Water Conservation Study Committee; create............................................... SR 579 Local government; water utility services; rates and fees......................................HB 1060 Local sales tax; limitation; special county 1 percent sales tax;
water and sewer projects....................................................................................HB 1545 Local sales tax; limitation; special county 1 percent sales tax;
water and sewer projects....................................................................................HB 1546 Local sales tax; special county 1 percent sales tax; water and
sewer projects ....................................................................................................HB 1578 Local sales tax; special county 1 percent sales tax; water and
sewer projects ....................................................................................................HB 1612 Metropolitan North Georgia Water Planning District; meetings and dues ............ SB 459 National preserve in corridor of Ocmulgee and Altamaha
Rivers; urge Congress create .............................................................................HR 1256 Natural Resources, Department of; assign law enforcement
personnel on certain public beaches ....................................................................HR 604 Open records exemption; public water supply or sewage systems;
judicial review in camera.....................................................................................HB 807 Open records; exemption; public water supply systems or
sewage systems ....................................................................................................HB 703 Private waste-water treatment facilities; permits for approval...............................HB 511 Regional development centers; state-wide water management
plan; provisions..................................................................................................HB 1836 River Basin Protection Act of 2004; enact ...........................................................HB 1345 Sales tax; exempt sales of certain pollution control chemicals ..............................HB 141 Savannah River Site; radiation monitoring program; urge
Congress restore.................................................................................................HR 1685 Soil erosion and sedimentation; stream buffer zones; variances............................ SB 460 Solid Waste and Hazardous Water Response Trust Fund; create - CA ...............HR 1425 State and Local Taxation, Financing, and Service Delivery
Revision Act of 2004; enact ................................................................................HB 709 Surface and ground water; interbasin and intrabasin transfers; regulate..............HB 1615 Water and Wastewater Treatment Plant Operators and
Laboratory Analysts, State Board of; reduce number of members .....................HB 597 Water pollution control and surface-water use; permits; fees ..............................HB 1697 Water reservoirs; locally funded; state-takeover; compensation............................ SB 246 Water resources; irrigation systems; certain shut-off switch ...............................HB 1277
WATERS, DR. DONALD B.; commend ..............................................................HR 1364

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4474

INDEX

WATERS, PORTS, AND WATERCRAFT Ad valorem tax exemption; recreational boats; referendum ................................HB 1140 Ad valorem tax; recreational boats; exempt certain amount ..................................HB 123 Ad valorem tax; recreational boats; $75,000 of assessed value .............................HB 696 Arson in the first, second, and third degree; define offenses ................................. SB 184 Bona fide conservation use property; undeveloped riverside or streamside lands.............................................................................................HB 1107 Coastal Marshlands Protection Act; private docks; amend provisions ....................HB 51 Coastal marshlands; protection provisions; exempt certain property.....................HB 178 Commercial crabbing; certain violations; punishments .......................................HB 1722 Crabs and crabbing; closure of saltwaters; amend provisions..............................HB 1488 Cumberland Island; access to wilderness section; urge action to support .............HR 778 Joint Study Committee on Coastal Marshlands Protection; create ........................HR 271 Joint Water Conservation Study Committee; create............................................... SR 579 National preserve in corridor of Ocmulgee and Altamaha Rivers; urge Congress create .............................................................................HR 1256 Natural Resources, Department of; assign law enforcement personnel on certain public beaches ....................................................................HR 604 Natural Resources, Department of; conservation rangers; powers; watercraft inspection..........................................................................................HB 1185 Public-Private Infrastructure Act of 2003; enact.................................................... SB 273 Regional development centers; state-wide water management plan; provisions..................................................................................................HB 1836 River and harbor dredging; beach replenishment...................................................HB 727 River Basin Protection Act of 2004; enact ...........................................................HB 1345 Savannah River and port of Savannah; urge bilateral port commission; Georgia and South Carolina ........................................................... SR 240 Self-service storage; redefine personal property; disposition of unclaimed property.......................................................................................... SB 403 Shore Protection Committee and Coastal Marshland Protection Committee; change membership; quorum.........................................................HB 1382 Spear fishing in certain waters; authorize.............................................................HB 1095 Waters unsafe for recreation; Environmental Protection Division director order warning signs .................................................................HB 881
WATERS, REVEREND JAMES W. "JIMMY"; condolences .........................HR 1382
WATKINS, ADDIE; commend .............................................................................HR 1840
WATKINS, AMANDA; commend........................................................................HR 1428
WATSON, BRENT; commend..............................................................................HR 1504
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INDEX

4475

WATTON, VICKI; commend ...............................................................................HR 1743
WAYNE COUNTY Probate judge and chief magistrate; nonpartisan elections..................................... SB 370
WAYNE COUNTY SPORTS HALL OF FAME CLASS OF 2004 INDUCTEES; commend .......................................................HR 1842
WAYNESBORO, CITY OF; grant easement ......................................................... SR 651
WCLK, JAZZ 91.9 FM; commend .......................................................................HR 1721
WEAPONS Assault Weapons Protection Act; enact................................................................HB 1380 Carrying weapon at school functions or safety zones; exceptions to prohibition ...................................................................................HB 1225 Carrying weapon without a license; exempt certain court clerks.........................HB 1214 Carrying weapon without a license; prohibit; exception to prohibition ...............HB 1010 Carrying weapon without a license; repeal certain power of governor................HB 1741 Deadly weapons; carrying to public gathering; exception to prohibition ................HB 30 Emergencies; firearms; repeal certain power of governor .....................................HB 411 Firearms dealers; regulation authority; license provisions; surety bonds .............. SB 528 Gun-free zones; certain injuries; liability .................................................................HB 31 Handguns; license fees; exempt law enforcement officers ....................................HB 499 Hunting deer with firearm during bow season; certain quadriplegics.................... SB 430 Hunting; primitive weapons; amend muzzleloading firearm provisions .............HB 1703 License to carry pistol; law enforcement officer; no fee ........................................HB 870 Lifetime sportsman's licenses; certain nonresidents; provisions ..........................HB 1362 Loaded firearm in private vehicle; repeal certain provisions .................................HB 113 School discipline policies; petition juvenile courts ..............................................HB 1388 Transporting loaded firearm in vehicle; delete certain language .............................HB 40 Unauthorized possession; affirmative defense .......................................................HB 193
WEAVER, KATE; commend; Donna Hoedt; condolences ..................................HR 1957
WEBB, JENNIFER G.; commend ........................................................................HR 1081
WEBB, ROBERT T.; commend............................................................................HR 1789
WEBSTER, BILLY; commend .............................................................................HR 1207
WEBSTER, CHARLES B.; invite to House.........................................................HR 1423

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4476

INDEX

WEINSTEIN, BRUCE; commend ........................................................................HR 1951
WEISNER, DR. PAUL J.; commend....................................................................HR 1409
WELBORN, MARY RUTH; commend ...............................................................HR 1082
WELCHEL, ALICIA LOUISE; commend ..........................................................HR 1078
WELFARE (See Social Services)
WEMBERLY, SETH; 4-H honoree; commend ....................................................HR 1001
WESLEY WOODS CENTER; 50th anniversary; commend ...............................HR 1784
WESLEYAN WOLVES GIRLS' BASKETBALL TEAM; invite players and coaches to House.......................................................HR 1645
WEST, ASHLEY ELIZABETH AND MATTHEW PAUL BRIGHAM; commend ............................................................................HR 1299
WEST GEORGIA WOLVERINES; invite team to House .................................HR 1574
WEST LAURENS HIGH SCHOOL RAIDERS BOYS' BASKETBALL TEAM; commend .......................................................HR 1664
WEST, MARK CHARLES, JR.; commend.........................................................HR 1110
WESTLAKE HIGH SCHOOL; 2004 graduating class; commend .....................HR 1377
WESTMINSTER HIGH SCHOOL'S LADY WILDCATS VOLLEYBALL TEAM; invite team and coaches to House..............................HR 1067
WETEKAM, MAJOR GENERAL DONALD J.; invite to House.....................HR 1031
WEYERHAEUSER; commend.............................................................................HR 1138
WHITE COUNTY Education districts; reapportion.............................................................................. SB 343 Water and sewerage authority; membership provisions.......................................HB 1668
WHITE, MARCUS; commend..............................................................................HR 1511

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INDEX

4477

WIGINTON, SCOTT Commend brave and heroic action at Heritage High School ...............................HR 1449
WIKE, KAREN; commend ...................................................................................HR 1228
WILBANKS, DANNY; condolences.....................................................................HR 1369
WILDLIFE Bona fide conservation use property; include wildlife habitat and production ...................................................................................................HB 1416 Crabs and crabbing; closure of saltwaters; amend provisions..............................HB 1488 Deer hunting; closed and open seasons, bag limits, antler restrictions; amend provisions ............................................................................. SB 317 Dove hunting; state-wide uniform open season dates; urge adoption..................HR 1401 Game and fish; licenses; hunting deer with dogs .................................................HB 1289 Game and fish; permits to kill certain deer; authorize..............................................HB 80 Harvest-hunt preserves; authorize and regulate....................................................HB 1651 Hunting; alligators and certain other wildlife; amend regulations .........................HB 814 Hunting; amend provisions; commercial deer hunting preserves ..........................HB 247 Hunting and fishing; honorary licenses; disability certification...........................HB 1608 Hunting deer with dogs; new rules not affect open season ..................................HB 1102 Hunting deer with dogs; permits; amend provisions............................................HB 1558 Hunting deer with dogs; permits; change certain provisions ...............................HB 1230 Hunting deer with dogs; permits; prohibition.........................................................HB 845 Hunting deer with firearm during bow season; certain quadriplegics.................... SB 430 Hunting licenses or permits; violations; hunting deer with dogs ........................... SB 406 Hunting; primitive weapons; amend muzzleloading firearm provisions .............HB 1703 Lifetime sportsman's licenses; certain nonresidents; provisions ..........................HB 1362 Special license plates; restoration of wild turkey populations ...............................HB 440 State symbols; green tree frog; designate official state amphibian ........................HB 257 State symbols; green tree frog; designate official state amphibian ........................HB 365 Wild animal permit; exempt Bengal cat .................................................................HB 227
WILKINS, LT. COL. (RET.) HENRY JOSEPH; condolences .........................HR 1023
WILLIAM IRA (W.I.) STILL, JR. HIGHWAY Designate ..............................................................................................................HR 1534 Designate .................................................................................................................. SR 60
WILLIAM S. HUTCHINGS BRIDGE; designate .................................................. SR 66
WILLIAMS, ALARIE P.; commend....................................................................HR 1971
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4478

INDEX

WILLIAMS, CHARLES R.; condolences............................................................HR 1056
WILLIAMS, CHASTITY; 4-H honoree; commend.............................................HR 1047
WILLIAMS, HYRON LORENZO; condolences................................................HR 1549
WILLIAMS, JAY; commend ................................................................................HR 1270
WILLIAMS, JEANETTE; commend...................................................................HR 2007
WILLIAMS, MATTHEW; 4-H honoree; commend..............................................HR 992
WILLIAMS, SARAH; condolences......................................................................HR 1916
WILLIAMS, TRACEE L.; commend...................................................................HR 1980
WILLIAMSON, COY C., JR.; condolences ........................................................HR 1663
WILLIAMSON, SUZETTE; commend ...............................................................HR 1159
WILLS, BILLIE ANN; invite to House ..................................................................HR 986
WILLS, CAROLYN Executive Director, Fannin County Development Authority; commend.............HR 1960
WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Bona fide conservation use property; additional ownership qualifications............HB 641 Death tax; urge Congress abolish ...........................................................................HR 982 Estates; administration; time for completion of duties.........................................HB 1552 Estate tax; amend certain definitions....................................................................HB 1073 Estate tax; amend definitions....................................................................................HB 66 Guardian and ward; comprehensive rewrite of provisions.....................................HB 229 License plates; disabled veteran; vehicle owned by certain trust...........................HB 611 Sales tax exemption; liquidation of estate of deceased person.............................HB 1642 State estate taxes; amend provisions ......................................................................HB 387 Subsequent Injury Trust Fund; dissolution.............................................................HB 570 Theft; certain fiduciaries; increased penalties ......................................................HB 1463
WILSON, AL; Georgia State Patrol Captain; commend .......................................HR 1703
WILSON, COACH SKIP; commend....................................................................HR 1768
WILSON, JOELLEN; commend ............................................................................HR 946

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INDEX

4479

WIMBERLEY, AUDREY; commend ..................................................................HR 1467
WINDER-BARROW COMPETITIVE CHEERLEADING TEAM; commend ................................................................................................HR 1937
WINE (See Alcoholic Beverages and Alcoholism)
WINGER, ERIC R.; commend .............................................................................HR 1150
WINSHIP, FLORENCE WOOD, M. D.; condolences .........................................HR 963
WISSING, GEORGE (BILL) LEO AND DOLORES (DEE) ANN; commend........................................................................................HR 1093
WITNESSES Civil practice, evidentiary matters, and liability in tort actions; comprehensive revision of provisions..................................................HB 1712 Common Sense Civil Justice Reform Act; enact.................................................... SB 133 Evidence; expert testimony; standards for admitting ...........................................HB 1398 Evidence; expert testimony; standards for admitting ...........................................HB 1420 Evidence; opinions of certain expert witnesses admissible..................................HB 1397 Expert testimony; professional malpractice actions; provisions ..........................HB 1337 Impeachment; bad character or conviction evidence ............................................. SB 484 Medical malpractice civil actions; depositions and discovery; expert opinions...................................................................................................HB 1399 Professional malpractice actions; expert testimony and opinions; standards ............................................................................................HB 1649 Trial juries; civil cases; challenges for causes......................................................HB 1484
WOMACK, JENNY; commend ............................................................................HR 1387
WOODALL, JAMES TALMADGE; commend..................................................HR 1687
WOODLEE, JOHN; commend .............................................................................HR 2011
WOODPECKER TRAIL HIGHWAY; designate................................................. SR 843
WOODSTOCK, CITY OF; corporate limits ........................................................HB 1815
WOOTEN, TOM; commend .................................................................................HR 1631
WORKERS' COMPENSATION Captive insurance companies; contracts; amend provisions ................................HB 1623

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4480

INDEX

Captive insurance companies; insurance contracts ..............................................HB 1076 Certain claimants; appointment of guardian; settlements ....................................HB 1278 Certain medical treatment; authorization; denial....................................................HB 404 Employment security; certain persons seeking part-time work .............................HB 591 Employment security; exclude services by certain corporate officers .....................HB 16 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1491 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1492 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1521 "Health Share" Volunteers in Medicine Act; enact ..............................................HB 1522 Peace Officers' Annuity and Benefit; include certain fraud investigators..............HB 715 Subsequent Injury Trust Fund; dissolution.............................................................HB 570 Subsequent Injury Trust Fund; dissolution...........................................................HB 1579 Torts; damages; collateral sources; definitions and provisions............................HB 1342 Total and temporary partial disability; benefits......................................................HB 429
WORLD WAR II VETERANS Georgia's "Tribute to Its World War II Generation"; recognize May 24-30, 2004 ...............................................................................HR 1889 Recognition Day; recognize 5/29/04 ....................................................................HR 1855
WORLEY, MAYOR JANIE; condolences ..........................................................HR 1614
WRENS, TOWN OF; mayor and council; compensation....................................... SB 509
WRIGHT, JEAN; invite to House.........................................................................HR 1731
WYLAND, CHRIS; commend ..............................................................................HR 1273

X XUEFEI ZHOU; Falun Gong practitioner; invite to House..................................HR 1570

Y YOUNG, THOMAS; Georgia State Patrol Trooper; commend ............................HR 1701 YOUTH ADVISORY COUNCIL OF COLUMBUS
Invite members to House ......................................................................................HR 1033 YOUTH LEADERSHIP FAYETTE AND FAYETTE
CHAMBER OF COMMERCE; commend .......................................................HR 1259
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INDEX

4481

Z
ZAINALDIN, DR. JAMIL S. Georgia Humanities Council president; invite to House......................................HR 1119
ZELL BRYAN MILLER TRIBUTE COMMISSION Create; authorize statue........................................................................................... SR 561
ZINA AGE AND ANIZ, INC.; commend.............................................................HR 1062
ZONING Appeals; certain decisions; exempt zoning and land use cases............................HB 1215 Procedures; time when action may not be taken ....................................................HB 510

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PART II
HOUSE BILLS
HB 1-- Abortion; petition superior court for permission ......................... Prefiled Only HB 2-- Income tax; gradual reduction; abolishment..................................... No Action HB 3-- State Sovereignty and Federal Tax Funds Act; enact....................... No Action HB 4-- Income tax; taxable net income; exclude capital gains .................... No Action HB 5-- Income tax; exempt persons 65 or older........................................... No Action HB 6-- Garnishment; exemption of certain pension funds;
additional exemption......................................................................... No Action HB 7-- Income tax; eliminate........................................................................ No Action HB 8-- Ad valorem tax; exempt full homestead value; senior
citizens .............................................................................................. No Action HB 9-- Income tax; exempt military income ................................................ No Action HB 10-- Fiscal Note Act; certain bills; require statement upon
introduction....................................................................................... No Action HB 11-- Motor vehicles; certain violations; life imprisonment or
death........................................................................................................... 1813 HB 12-- Drivers' licenses; redefine "resident"; amend alien
provisions.......................................................................................... No Action HB 13-- Minors; employment; written permission of parent or
guardian ............................................................................................ No Action HB 14-- Election fraud; information leading to arrest; reward....................... No Action HB 15-- Lobbying practices; state government; prohibit public
funds.................................................................................................. No Action HB 16-- Employment security; exclude services by certain
corporate officers .............................................................................. No Action HB 17-- State property; naming for elected public official;
amend provisions .............................................................................. No Action HB 18-- Baby's Right to Know Act; enact...................................................... No Action HB 19-- Misdemeanor traffic offenses; fines to be paid into state
treasury......................................................................................... Prefiled Only HB 20-- Driving under the influence; additional penalties; victim
compensation awards................................................................................. 1078 HB 21-- Alimony and child support; financial status of parties;
verification ........................................................................................ No Action HB 22-- Eminent domain; electric transmission line; Public
Service Commission issue certificate ............................................... No Action HB 23-- Abortion; Woman's Right to Know Act; enact................................. No Action

4484

INDEX

HB 24-- Unclaimed property; certain dividends or capital credits; disposition ............................................................................ No Action
HB 27-- Elections; political party candidates; nominate by plurality vote ..................................................................................... No Action
HB 28-- Voter registration; declare political party; primaries; vote declared party ballot only ......................................................... No Action
HB 29-- Regional development centers; state funding; additional requirement ....................................................................................... No Action
HB 30-- Deadly weapons; carrying to public gathering; exception to prohibition .................................................................... No Action
HB 31-- Gun-free zones; certain injuries; liability ......................................... No Action
HB 33-- Education; state mandated student assessments; exempt certain international students ............................................................ No Action
HB 34-- Education; students committing certain acts of physical violence; disciplinary tribunal ..................................................... Prefiled Only
HB 35-- Plumbing code; gray water recycling systems appendix; enforcement ......................................................................................... 110, 167
HB 36-- Income tax credit; qualified child care expenses......................... Prefiled Only
HB 37-- Defense of Scouting Act; enact ........................................................ No Action
HB 38-- Child support; amend provisions; income deduction order ............................................................................................. Prefiled Only
HB 39-- Cobb County; commissioner districts; reapportion ..................... Prefiled Only
HB 40-- Weapons; transporting loaded firearm in vehicle; delete certain language ................................................................................ No Action
HB 41-- Deprived child; temporary legal custody; provisions....................... No Action
HB 45-- Commission on Men's Health; presiding officer; term..................... No Action
HB 47-- County judicial offices; nonpartisan elections; provide by local Act....................................................................................... No Action
HB 48-- Income tax refunds; increase time for claiming ............................... No Action
HB 49-- Elections; campaign activities; prohibit on certain grounds.............................................................................................. No Action
HB 50-- Public Service Commission; authority to regulate rates; pilot project ....................................................................................... No Action
HB 51-- Coastal Marshlands Protection Act; private docks; amend provisions .............................................................................. No Action
HB 52-- Abortion; Woman's Right to Know Act; enact................................. No Action
HB 55-- District attorneys emeritus; compensation; increase ........................ No Action
HB 57-- General Assembly Training Institute; appointment of members............................................................................................ No Action
HB 58-- Revenue laws; erroneous tax lien; correction provisions .................... 269, 291
HB 59-- Estimated income tax; failure to pay; underpayment calculation......................................................................................... No Action

INDEX

4485

HB 61-- State agencies; prohibit requiring social security numbers............................................................................................. No Action
HB 62-- Public officers; appointed or elected; financial disclosure provisions......................................................................... No Action
HB 63-- Abortion; Due Process and Equal Protection Restoration Act of 2003; enact ......................................................... No Action
HB 64-- Revenue and taxation; definitions; amend provisions...................... No Action HB 65-- Cigar and cigarette taxes; amend definitions.................................... No Action HB 66-- Estate tax; amend definitions............................................................ No Action HB 67-- Motor vehicle license fees and classes; amend
definitions ......................................................................................... No Action HB 68-- Revenue, Department of; amend certain provisions......................... No Action HB 69-- Hotel-motel tax; amend definitions .................................................. No Action HB 70-- Excise tax; motor vehicle rentals; amend definitions ....................... No Action HB 71-- Motor fuel and road tax; amend definitions ..................................... No Action HB 72-- Income tax; amend certain definitions.............................................. No Action HB 73-- Tax levies and executions; amend provisions regarding
sales................................................................................................... No Action HB 74-- Tax executions; issuance; amend provisions.................................... No Action HB 75-- Coin operated amusement machines; amend definitions ................. No Action HB 76-- Sales tax; amend certain definitions ................................................. No Action HB 77-- Intangibles; real estate transfer tax; amend provisions..................... No Action HB 78-- Ad valorem tax; amend certain definitions....................................... No Action HB 79-- Education; sales to county school board by member;
exception to prohibition ..................................................................... 266, 1093 HB 80-- Game and fish; permits to kill certain deer; authorize...................... No Action HB 81-- Teachers; rights for continued employment; restore ........................ No Action HB 82-- Fair lending; redefine points and fees; exclude certain
fees .................................................................................................... No Action HB 83-- Uniform rules of the road; mobile telephones; certain
prohibition......................................................................................... No Action HB 84-- Transporting motor vehicles and mobile homes; dealer
license plates; restrict use ................................................................. No Action HB 85-- Cigars and cigarettes; certain local excise taxes;
authorize............................................................................................ No Action HB 86-- Motor vehicles; certain proof of insurance; amend
provisions.......................................................................................... No Action HB 87-- Bingo; fee for conducting games; increase....................................... No Action HB 88-- Tax executions; prohibit sales .......................................................... No Action HB 89-- Property sold for taxes; amend redemption amount ......................... No Action HB 91-- 2003 Fairness in Arbitration Act; enact............................................ No Action

4486

INDEX

HB 92-- Joint county and municipal sales tax; 2% levy by consolidated governments ................................................................ No Action
HB 94-- Fair business practices; certain motor vehicle sales; spot delivery ............................................................................................. No Action
HB 96-- Sales tax exemption; liquefied gas; horticultural purposes ............................................................................................ No Action
HB 97-- Employees' Retirement; certain law enforcement personnel; amend provisions ............................................................ No Action
HB 98-- State and nonprofit contractors; legislative oversight panels ......................................................................................................... 1707
HB 99-- High priority school teachers; student loan repayments................... No Action
HB 100-- Taxable net income; exclude certain military pay............................ No Action
HB 101-- Employees' health insurance plan; include agricultural commodity commission employees.................................................. No Action
HB 102-- Fines and forfeitures; certain traffic fines; pay to state treasury.............................................................................................. No Action
HB 106-- Cigar and cigarette taxes; certain local excise taxes; authorize............................................................................................ No Action
HB 107-- Cigar and cigarette taxes; certain local excise taxes; authorize............................................................................................ No Action
HB 109-- Residential Contractors, State Licensing Board; create ................... No Action
HB 110-- Beer; single container sales; prohibit where motor fuel is sold ................................................................................................ No Action
HB 111-- Gasoline dealers; registration; amend provisions ............................. No Action
HB 112-- Employment; discharge because of absenteeism; amend provisions.......................................................................................... No Action
HB 113-- Loaded firearm in private vehicle; repeal certain provisions.......................................................................................... No Action
HB 114-- Election superintendent; office to remain open until ballots are counted ............................................................................ No Action
HB 115-- Supplemental appropriations; FY 2002-2003................................... No Action
HB 116-- Taxable net income; retirement income exclusion; increase ............................................................................................. No Action
HB 117-- Unemployment benefits; eligibility; military transfer of spouse................................................................................................ No Action
HB 118-- Income tax; exempt active duty military income ............................. No Action
HB 119-- Supplemental appropriations; FY 2002 - 2003; Department of Corrections ............................................................... No Action
HB 120-- General appropriations; FY 2003 - 2004 .......................................... No Action
HB 123-- Ad valorem tax; recreational boats; exempt certain amount .............................................................................................. No Action
HB 124-- Drivers' licenses; young drivers; amend provisions ......................... No Action

INDEX

4487

HB 125-- Motor vehicles; radios and mobile phones; prohibit certain use ......................................................................................... No Action
HB 126-- Drivers' licenses; redefine resident; child support; forms of identification................................................................................. No Action
HB 127-- State buildings; comply with Leadership in Energy and Environmental Design Green Building Rating System standards ........................................................................................... No Action
HB 128-- Elections; absentee voting; provisions.............................................. No Action
HB 129-- Georgia Racial Justice Act; enact ..................................................... No Action
HB 130-- Georgia Health Care Act; enact ........................................................ No Action
HB 131-- Georgia Neighborhood Protection Act; enact................................... No Action
HB 132-- Student codes of conduct; violation; certain disciplinary action................................................................................................. No Action
HB 133-- Surplus state property; disposal methods; include electronic sale ................................................................................... No Action
HB 135-- Special county 1 percent sales tax; proceeds; authorize additional uses................................................................................... No Action
HB 136-- Incorporation of municipalities; minimum distance requirements...................................................................................... No Action
HB 137-- Refunds of certain taxes and fees; rate of interest ............................ No Action
HB 138-- Homestead tax deferral; senior citizens; increase amount ......................................................................................................... 665
HB 139-- Drivers' licenses; application; child support; additional forms of identification ...................................................................... No Action
HB 141-- Sales tax; exempt sales of certain pollution control chemicals .......................................................................................... No Action
HB 142-- Fair Lending Act; amend provisions ................................................ No Action
HB 143-- County correctional institutions; housing of state prisoners; payment............................................................................ No Action
HB 145-- Health maintenance organizations; mental disorders; point-of-service options .................................................................... No Action
HB 146-- Fair Lending Act; points and fees; exclude funding fees for USDVA loans.............................................................................. No Action
HB 149-- Child support; amend provisions; income deduction order ........................................................................................................... 1779
HB 150-- Sandy Springs, City of; incorporate.................................................. No Action
HB 151-- Municipal charter commissions; create ............................................ No Action
HB 152-- Peace Officer Standards and Training Council; membership....................................................................................... No Action
HB 153-- Drivers' licenses; include pedestrian safety procedures on exam............................................................................................. No Action
HB 154-- Wine shipments; consumers order electronically ............................. No Action

4488

INDEX

HB 155-- Campaign contributions; certain judgeships; disqualification.................................................................................. No Action
HB 156-- Ad valorem tax exemption; inventory of business taxpayer............................................................................................. No Action
HB 158-- Law enforcement officer; disabled in line of duty; retention of weapon and badge ................................................ 861, 1574, 2662
HB 159-- Audits and accounts; Department of; performance audits................................................................................................. No Action
HB 160-- Campaign contributions; applicants for judgeships; prohibitions ....................................................................................... No Action
HB 161-- Ad valorem tax; homestead exemption; equal to state levy.................................................................................................... No Action
HB 162-- Ad valorem tax; inventory of small business; exemption................. No Action
HB 163-- Campaign contributions; disposition and disclosure; requirements...................................................................................... No Action
HB 165-- Whistleblower Protection Act; enact ................................................ No Action
HB 168-- Cruelty to children in second degree; nonmerger provision ........................................................................................... No Action
HB 169-- Drivers' licenses; certain suspension; limited driving permits .............................................................................................. No Action
HB 170-- Fair Lending Act; repeal ................................................................... No Action
HB 171-- Motor vehicle insurance; termination; exception; certain military personnel ............................................................................. No Action
HB 172-- Juvenile proceedings; discovery and inspection; regulate.............................................................................................. No Action
HB 174-- Peanut producers; marketing orders; required assenting votes .................................................................................................. No Action
HB 176-- Adoptions; name change of office; amend provisions ..................... No Action
HB 178-- Coastal marshlands; protection provisions; exempt certain property ................................................................................. No Action
HB 179-- Education; mandatory attendance; change age to 17........................ No Action
HB 180-- Roadside beautification; public rights of way; provisions.......................................................................................... No Action
HB 181-- Public Revenue Code; conform to federal law ................................. No Action
HB 183-- Tattooing near the eye; prohibition; expand exception ............................. 2606
HB 184-- Financial institutions; disclosure of certain information; consumer's consent required ............................................................. No Action
HB 185-- Drivers' licenses; certain suspension; limited driving permits .............................................................................................. No Action
HB 186-- Physicians; gifts from certain industries; prohibit ............................ No Action
HB 187-- Drivers' licenses; Class D permit holders; limitations...................... No Action

INDEX

4489

HB 188-- Radar; delete certain requirement; permit use while application pending...................................................................................... 967
HB 190-- Aggravated child molestation; prosecution at any time ............................ 1442
HB 192-- General Assembly members; annual salaries; reduce 5 percent............................................................................................... No Action
HB 193-- Weapons; unauthorized possession; affirmative defense ................. No Action
HB 195-- Property unlawfully obtained; photographic record ......................... No Action
HB 197-- Crimes against children; amend provisions; criminal liability .............................................................................................. No Action
HB 198-- Education; local boards; adopt code of ethics .......................... 266, 296, 3184, 3397, 3593
HB 199-- Colleges; meningococcal meningitis; vaccination or signed waiver .................................................................................... No Action
HB 200-- State purchasing contracts; preference for Georgia vendors.............................................................................................. No Action
HB 201-- Motor vehicle insurance; mile-based premiums............................... No Action
HB 202-- Sales tax exemption; certain gas for production of electricity .......................................................................................... No Action
HB 203-- Budget; eliminate continuation report; zero-base budgeting .......................................................................................... No Action
HB 204-- Sales tax exemption; certain school clothes, supplies, computer items; limited time ............................................................ No Action
HB 205-- Special license plates; Boy Scouts of America.......................................... 1795
HB 206-- Professional counselors; licensing; exempt disaster relief services .................................................................................... No Action
HB 207-- Joint county and municipal sales tax; rate for consolidated governments ................................................................ No Action
HB 208-- Property Owners' Association Act; change certain provisions; clarify applicability ................................................ 464, 846, 3616, 3678, 3760, 3876, 4019, 4074, 4076
HB 209-- Income tax credit; qualified child care expenses.............................. No Action
HB 210-- Condominiums; clarification of provisions ......................................... 464, 852
HB 211-- Assistance dogs; interfering with, assaulting, killing; penalties ................................................................................... 842, 1086, 3617
HB 212-- Public roads and Georgia Regional Transportation Authority; repeal allocation of funds................................................ No Action
HB 214-- Special license plates; Thanks Mom and Dad Fund.................................. 1722
HB 216-- Teachers Retirement; reemployment of retired teachers .................. No Action
HB 217-- Seat belts; child restraints; change age ............................................ 3199, 3682
HB 218-- State Road and Tollway Authority; certain SR 400 tolls; restrict usage ..................................................................................... No Action

4490

INDEX

HB 219-- Maximum speed limit; school zones; 25 miles per hour .................. No Action
HB 220-- Health benefits; failure to pay; penalty not applicable to cap ..................................................................................................... No Action
HB 221-- Commercial Code and motor vehicles; certain transactions between dealer and owner ............................................ No Action
HB 222-- Salaries of certain state officials; 10 percent reduction .................... No Action
HB 223-- Sales tax exemption; archeological exploration and preservation....................................................................................... No Action
HB 224-- Judicial Retirement; members transfer contributions from Employees' Retirement System......................................................... 1778
HB 227-- Wild animal permit; exempt Bengal cat ........................................... No Action
HB 228-- Sales tax exemption; school clothes, supplies, computers; annually in August ......................................................... No Action
HB 229-- Guardian and ward; comprehensive rewrite of provisions................................................................................... 369, 482, 3617
HB 230-- Teachers Retirement; creditable service; 29 years ........................... No Action
HB 231-- Teachers Retirement; reemployment of retired teachers .................. No Action
HB 232-- Teachers Retirement; employee's contribution rate.......................... No Action
HB 233-- Teachers Retirement; increase retirement allowance multiplier........................................................................................... No Action
HB 234-- Superior Court Clerks' Retirement; death of spouse; full benefit restored ................................................................................ 1339, 1561
HB 235-- Teachers Retirement; early retirement; eliminate penalty............................................................................................... No Action
HB 237-- Comprehensive State-wide Water Planning Management Act; enact; Water Council; create....................... 668, 785, 3036, 3071
HB 238-- Tests of certain substances; lab certificates; admission as evidence........................................................................................ No Action
HB 239-- County jail inmates; earned time allowances ........................... 287, 476, 2605, 3062, 3073, 3675, 3752, 3773, 3880
HB 240-- Technology and indigent defense fees and certain fines; authorize............................................................................................ No Action
HB 241-- Child abuse; certain sexual abuse; parent report .............................. No Action
HB 242-- Environmental policy, regulation, or standard; publication of rationale; requirements ....................................... 286, 395, 2606
HB 243-- Martin Luther King, Jr. Commission; create .................................... No Action
HB 244-- Timber harvesting; regulatory authority of counties and municipalities; limitations ................................................................ No Action
HB 247-- Hunting; amend provisions; commercial deer hunting preserves ........................................................................................... No Action

INDEX

4491

HB 249-- Joint county and municipal sales tax; 2% levy by consolidated governments ................................................................ No Action
HB 250-- Sales tax exemption; school supplies, clothing, computers; limited time .................................................................... No Action
HB 251-- Sales tax exemption; athletic event tickets; University System............................................................................................... No Action
HB 252-- Income tax credit; qualified health insurance expenses ................... No Action
HB 253-- Public schools; annually observe Celebrate Freedom Week; week of 9/11 .......................................................................... No Action
HB 254-- Human resources; Choose Life adoption support program; special license plates ......................................................... No Action
HB 256-- Industries for the Blind; manufactured products; purchase by state employees; exception ........................................... No Action
HB 257-- State symbols; green tree frog; designate official state amphibian.......................................................................................... No Action
HB 258-- Sales tax exemption; food and beverages; repeal; homeowner's incentive adjustment trust fund .................................. No Action
HB 259-- Health benefits; failure to pay; penalty not applicable to cap ..................................................................................................... No Action
HB 260-- Off-road vehicles; registration; amend provisions ........................... No Action
HB 262-- Service delivery strategy; certain franchise fees; offset certain costs....................................................................................... No Action
HB 263-- Mass transportation service; increase limit of state funds.................................................................................................. No Action
HB 264-- Guardian ad litem; civil liability; qualified immunity...................... No Action
HB 267-- Teachers Retirement; contribution rate; certain reduction .................................................................................................... 2606
HB 269-- Cherokee Judicial Circuit; add judge......................................................... 1441
HB 271-- Education; certificated professional personnel; compensation .................................................................................... No Action
HB 272-- Home arrest program; qualifications; supervision; pretrial arrestees................................................................................ No Action
HB 273-- Juvenile court jurisdiction; temporary child support order .................................................................................................. No Action
HB 274-- Special license plates; retired reservists or National Guard members................................................................................ 1242, 1675
HB 275-- Bill of rights for Georgia teachers; enact.......................................... No Action
HB 276-- Public School Employees Retirement; age 60 or 30 years' credit ....................................................................................... No Action
HB 277-- Public Service Employees' Occupational Safety and Health Act; enact .............................................................................. No Action

4492

INDEX

HB 278-- Ethics; required filings; keep envelope or wrapper with report ................................................................................................. No Action
HB 280-- Special license plates; Boy Scouts of America.......................................... 1722 HB 281-- Driver education; local boards offer as elective; funding................. No Action HB 282-- Gwinnett Judicial Circuit; add judge ......................................................... 1441 HB 283-- Fleeing or eluding police while driving under the
influence; felony ............................................................................... No Action HB 284-- Dental hygienists; increase membership on Dentistry
Board................................................................................................. No Action HB 286-- Human resources; Choose Life adoption support
program; special license plates ......................................................... No Action HB 287-- Joint county and municipal sales tax; 2% levy by
consolidated governments ................................................................ No Action HB 292-- Employees' Retirement; assistant district attorneys;
credit for certain previous service..................................................... No Action HB 294-- Income tax; certain monthly returns; increase threshold.................. No Action HB 295-- Education; deaf students; certification of interpreters ...................... No Action HB 296-- Seat belts; pickup trucks and off-road vehicles;
requirement; fines ............................................................................. No Action HB 297-- Local option sales tax; additional county 1% levy;
authorization ..................................................................................... No Action HB 298-- Income tax credits; certain businesses; less developed
areas .................................................................................................. No Action HB 299-- Trial juries; state and defense; equal peremptory strikes ................. No Action HB 300-- Legislative Retirement; General Assembly;
membership; prior service ................................................................. 464, 1045 HB 302-- Motor vehicles; radio and other sound-making devices;
limits on sound volume..................................................................... No Action HB 305-- Eminent domain; electric transmission line; prohibit;
exception........................................................................................... No Action HB 306-- Tax executions; prohibit sale ............................................................ No Action HB 308-- Sales tax exemption; archeological exploration and
preservation....................................................................................... No Action HB 310-- Taxable net income; exclude certain military pay............................ No Action HB 311-- Electric, natural gas, and local phone companies;
payment centers ................................................................................ No Action HB 313-- Speed detection devices; required warning signs;
change size................................................................................................... 466 HB 315-- New municipality; creation; minimum distance; sales
tax distribution .................................................................................. No Action

INDEX

4493

HB 316-- Persons supervising children; criminal background checks; National Crime Information Center..................................... No Action
HB 320-- Education; Certified School Social Worker Specialists; salary increase................................................................................... No Action
HB 322-- Appeals; judgments and rulings; amend provisions ......................... No Action
HB 324-- International Affairs Coordinating Council; create .......................... No Action
HB 325-- Income tax credits; certain businesses; border counties................... No Action
HB 326-- Nonprofit hospitals and employees; liability insurance; provisions.......................................................................................... No Action
HB 328-- Local boards of education; certain benefits; authorize funds..................................................................................................... 287, 433
HB 329-- Speed detection device; certain 30-day limitation; work zone speeding violations................................................................... No Action
HB 330-- Parental power, grandparent visitation, adoption; prohibition; certain conviction.......................................................... No Action
HB 331-- Open records; certain exemption; redact identifying information........................................................................................ No Action
HB 332-- State highway employees; indemnification; eligibility date.................................................................................................... No Action
HB 336-- School Restroom Standards Act; enact............................................. No Action
HB 337-- Income tax credit; qualified education expenses; home study programs.................................................................................. No Action
HB 338-- Plumbers; false advertising; amend provisions ................................ No Action
HB 340-- Motor vehicle for certain warden; repeal provisions........................... 287, 672
HB 341-- HOPE scholarships; private colleges; certain part-time eligibility........................................................................................... No Action
HB 342-- Tuition equalization grants; part-time students; certain HOPE scholarships ........................................................................... No Action
HB 345-- Teachers Retirement; certain prior service in public schools; credit ................................................................................... No Action
HB 346-- Sales tax; educational purposes; local boards; performance audit ...................................................................................... 3443
HB 348-- State employees; certain office holders; use of annual and personal leave............................................................................. No Action
HB 349-- Sales tax; exempt certain sales; chartered boats ............................... No Action
HB 350-- Law enforcement officer in unmarked vehicle; identification ..................................................................................... No Action
HB 351-- Income tax deduction; subscriptions paid for fire protection .......................................................................................... No Action
HB 353-- Motor vehicles; maximum speed limits for trucks; exception........................................................................................... No Action

4494

INDEX

HB 354-- Tax amnesty and property tax amnesty programs; provisions.......................................................................................... No Action
HB 355-- Voter Choice and Election Access Reform Act of 2003; enact ........................................................................................................... 1074
HB 356-- Drivers' licenses; residency requirements; veteran's license ............................................................................................... No Action
HB 357-- Certain deaths; persons in compensated care; notify coroner .............................................................................................. No Action
HB 358-- Sales tax exemption; certain sales to volunteer fire departments....................................................................................... No Action
HB 359-- Perpetrators of felonies; local government rewards; remove limitation.............................................................................. No Action
HB 360-- Contracts for school principals; date for tendering .......................... No Action
HB 361-- Sales tax exemption; sales of certain energy efficient appliances.......................................................................................... No Action
HB 362-- Teachers and employees; nonrenewal of contract; local boards adopt policy........................................................................... No Action
HB 363-- Electronic textbooks; make available to local boards, schools, and students.............................................................................. 92, 195
HB 364-- Persons convicted of certain offenses entering certain property; criminal trespass................................................................ No Action
HB 365-- State symbols; green tree frog; designate official state amphibian............................................................................................. 237, 258
HB 366-- Teachers Retirement; reemployment of retired teachers; provisions................................................................................... 324, 377, 2607
HB 368-- Massage Therapy Licensure Act; enact............................................ No Action
HB 369-- Debtor and creditor; debt adjustment; amend provisions................. No Action
HB 371-- Child passenger restraining systems; amend provisions .................. No Action
HB 373-- Eminent domain; electric transmission lines; provisions; certain exceptions ................................................................................ 191, 298
HB 374-- Local government entities and state authorities; timely payment for goods and services........................................................ No Action
HB 376-- Teachers Retirement; reemployment of retired teachers .................. No Action
HB 377-- Crimes; abortion; make unlawful ..................................................... No Action
HB 378-- Alcoholic beverages; state excise taxes; increase............................. No Action
HB 379-- Cigar and cigarette taxes; increase; loose or smokeless tobacco; impose excise tax ............................................................... No Action
HB 381-- Street gangs; prohibited activity; punishment provisions................. No Action
HB 382-- Employees' Retirement; tax officials' employees; membership....................................................................................... No Action
HB 384-- Open meetings and records; exception to disclosure; security issues ................................................................................... No Action

INDEX

4495

HB 387-- State estate taxes; amend provisions................................................. No Action
HB 388-- Retail gasoline dealers; post certain warning signs .......................... No Action
HB 389-- New residential subdivisions; restrictive covenants; applicability ...................................................................................... No Action
HB 390-- School councils; amend provisions; State of the School presentation....................................................................................... No Action
HB 392-- Counties; consolidation; intergovernmental agreement and referendum ................................................................................. No Action
HB 393-- Fair housing authorities; subpoena power to investigate complaints......................................................................................... No Action
HB 394-- Employees' Retirement; certain prior service; creditable service .............................................................................................. 1339, 1598
HB 395-- School attendance officers; authority; certain peace officers; duties........................................................................................ 92, 127
HB 398-- State and county penal institutions; certain inmate labor; authorize ................................................................................. No Action
HB 399-- Randolph County; homestead exemption; certain residents ............................................................................................ No Action
HB 400-- Trials; young victims of certain crimes; closed circuit television for questioning ................................................................. No Action
HB 401-- Conservation and natural resources; certain submerged artifacts; authorize collection............................................................ No Action
HB 404-- Workers' compensation; certain medical treatment; authorization; denial ......................................................................... No Action
HB 405-- Elected public officers; residency requirements; oath and affidavit ...................................................................................... No Action
HB 406-- Endangering a child's education; failure to enroll; penalties ............................................................................................ No Action
HB 407-- Education; division of school board mediation; provisions.......................................................................................... No Action
HB 408-- Candidates for nonjudicial offices in nonpartisan election; provisions ........................................................................... No Action
HB 409-- Georgia Procurement Registry; certain bid opportunities; advertisement............................................................. No Action
HB 410-- Environmentally sound new housing; construction requirements; certification ................................................................ No Action
HB 411-- Emergencies; firearms; repeal certain power of governor ............................................................................................ No Action
HB 412-- Textbooks of excessive weight; provisions to protect students from injury .......................................................................... No Action
HB 415-- Sheriffs engaging in certain businesses; violation of oath of office..................................................................................... No Action
HB 417-- Torts; fees and costs of litigation; recovery...................................... No Action

4496

INDEX

HB 418-- Convenience stores; safety enclosure for cash register operators............................................................................................ No Action
HB 420-- Corrections and pardons and paroles; reimbursement to counties for housing inmates ............................................................ No Action
HB 421-- Motor vehicle accident insurance; certain payments; notification to lienholder................................................................... No Action
HB 422-- Income tax credit; certain businesses creating full-time jobs.................................................................................................... No Action
HB 423-- Municipalities; lease property to certain nonprofit corporation ........................................................................................ No Action
HB 425-- Sales tax exemption; fuel for certain swine raising purposes ............................................................................................ No Action
HB 426-- Employees' Retirement; certain law enforcement personnel; enhanced retirement benefit ............................................ No Action
HB 427-- Elections; direct recording electronic voting systems; amend provisions .............................................................................. No Action
HB 428-- Intellectually Disabled Health and Fitness Program Fund; establish; special license plates ....................................................... 1722
HB 429-- Workers' compensation; total and temporary partial disability; benefits............................................................................. No Action
HB 430-- Dentistry; dental coverings; practicing without a license; authorize arrest .................................................................... No Action
HB 431-- Income tax credit; teachers; qualified education expenses ............................................................................................ No Action
HB 432-- Counties and municipalities; certain building permits; notice to local boards of education and Department of Transportation................................................................................... No Action
HB 433-- Day-care facilities; licensing; liability insurance required ............................................................................................. No Action
HB 434-- Students in transit; certain conditions; not to be counted tardy or absent................................................................................... No Action
HB 435-- County appointed school superintendents; early termination; provisions ..................................................................... No Action
HB 436-- Alternative fueled vehicles; hybrid vehicles; designated travel lanes ........................................................................................ No Action
HB 437-- Taxicabs; regulation by Department of Motor Vehicle Safety ................................................................................................ No Action
HB 438-- Sexual offenses; pimping; change provisions................................... No Action
HB 439-- Employees' Retirement; certain members; credit for qualified prior service ....................................................................... No Action
HB 440-- Special license plates; restoration of wild turkey populations................................................................................................. 1722

INDEX

4497

HB 441-- Judicial Retirement; Fulton County State Court judges; membership................................................................................ 287, 428, 3487
HB 442-- Dentists; mercury amalgam fillings; prohibit certain usage ................................................................................................. No Action
HB 449-- Drivers' licenses; ignition interlock devices; amend provisions.......................................................................................... No Action
HB 450-- Driver training schools and driver's education programs; licensing........................................................................... No Action
HB 452-- Drivers' licenses for minors; certain instructors sign application.................................................................................................... 268
HB 453-- Income tax credit; certain teachers or paraprofessionals.................. No Action
HB 454-- Taxable net income; exclude amount paid for health insurance ........................................................................................... No Action
HB 458-- Secretary of State; director of protocol and international affairs; create position....................................................................... No Action
HB 459-- Education; division of school board mediation; provisions.......................................................................................... No Action
HB 460-- Uniform rules; securing vehicle loads; live animal provisions.......................................................................................... No Action
HB 464-- Georgia Military Pension Fund; certain prior service; certain call to active duty .................................................................. No Action
HB 465-- Income tax; monthly returns; increase threshold.............................. No Action
HB 466-- Abortion; parental notification; identification requirements...................................................................................... No Action
HB 467-- Public meetings/records; exemptions from disclosure ..................... No Action
HB 472-- Charitable solicitations; agent registration; amend ............................... 95, 197
HB 473-- Special license plates; United States flag .................................................. 1722
HB 474-- Nuisances; county and municipal abatement powers; unfit buildings ................................................................................... No Action
HB 475-- Defined contribution plans; employer and employee contributions ..................................................................................... No Action
HB 476-- Employees' Retirement; certain law enforcement personnel; benefit formula ................................................................ No Action
HB 477-- Property sold for taxes; redemption amount..................................... No Action
HB 478-- Education officials; recommending certain products to students; prohibit compensation ....................................................... No Action
HB 480-- Employees' Retirement; certain members; purchase additional years ......................................................................... 464, 891, 3193, 3551
HB 481-- Sales tax; phased-in exemption; food and beverages in vending machines ............................................................................. No Action

4498

INDEX

HB 482-- Henry County; homestead exemption; base year assessed value ............................................................................ 168, 170, 3494
HB 483-- Drivers' licenses; exempt certain persons from driving exam.................................................................................................. No Action
HB 484-- Personal property in custody of law enforcement agency; disposition ................................................................ 1779, 2325, 3487
HB 485-- Contracts; cigarette dealers and manufacturers; prohibitions ....................................................................................... No Action
HB 486-- Developmental Highway System; road corridors; change description ............................................................................. 466, 1302
HB 487-- Sewage holding tanks; commercial waste; regulation...................... No Action
HB 489-- Children in protective custody; cost of care; reimbursement .................................................................................. No Action
HB 490-- Drivers' licenses and identification cards; prohibit fingerprinting .................................................................................... No Action
HB 491-- Employees' Retirement; certain employees of Motor Vehicle Safety Department; certain benefits .................................... No Action
HB 492-- Income tax credit; certain headquarters; creation of fulltime jobs............................................................................................ No Action
HB 494-- Funk Heritage/Bennett Center at Reinhardt College; designate as official Frontier and Southeastern Indian Interpretive Center ............................................................................ No Action
HB 495-- Landfill sites; used for certain construction; required tests ................................................................................................... No Action
HB 496-- Municipal landfill; distance requirement from residence................. No Action
HB 498-- Employees' Retirement; certain temporary full-time service; credit ....................................................................................... 464, 704
HB 499-- Handguns; license fees; exempt law enforcement officers .............................................................................................. No Action
HB 502-- Juvenile court judges; compensation from state funds; adjustment........................................................................................ 3073, 3190
HB 507-- Child custody; attorneys' fees and litigation expenses ..................... No Action
HB 508-- Employment; crime victims; unpaid leave to attend proceedings ....................................................................................... No Action
HB 510-- Zoning procedures; time when action may not be taken .................. No Action
HB 511-- Private waste-water treatment facilities; permits for approval ............................................................................................ No Action
HB 513-- Intangible tax; payment; recording of instruments........................... No Action
HB 514-- Municipal Option Sales Tax Act; enact............................................ No Action
HB 515-- Education accountability; comprehensive revision of provisions.......................................................................................... No Action

INDEX

4499

HB 516-- Education flexibility and accountability; comprehensive revision of provisions........................................................................ No Action
HB 518-- Income tax credit; qualified health insurance expenses ................... No Action
HB 520-- Sales tax; temporary rate change ...................................................... No Action
HB 522-- Homestead option sales tax; referendum; disbursement of proceeds........................................................................................ No Action
HB 524-- Certain pre-kindergarten programs and Temporary Assistance to Needy Families; increase state funds ......................... No Action
HB 525-- Day-care; certain pre-kindergarten programs; licensing; exemptions ........................................................................................ No Action
HB 528-- Ad valorem tax; preferential assessment; certain stormwater wetlands .................................................................................. No Action
HB 529-- Tax receivers; taxpayer statistical information; confidentiality ................................................................................... No Action
HB 530-- Insurance premium taxes; change provisions ................................... No Action
HB 532-- Open records requests; compliance; Internet records....................... No Action
HB 533-- Computer software; redefine; exclusions ......................................... No Action
HB 534-- Public Revenue Code; conform to federal law ................................. No Action
HB 535-- Income tax credits; low or zero emission vehicles; electric chargers ................................................................................ No Action
HB 536-- Income tax returns; electronic filing; extend date ............................ No Action
HB 538-- Tax sales; redemption of property; amount payable ........................ No Action
HB 539-- Individual deferred annuities; nonforfeiture amounts; set rates .................................................................................. 1609, 2048, 3617
HB 540-- Income tax credit; qualified reforestation expenses ......................... No Action
HB 541-- Sales tax; temporary change in rate .................................................. No Action
HB 542-- Sales tax exemption; school supplies, clothing, computers; limited time .................................................................... No Action
HB 543-- Income tax credits; home improvements and community improvement districts .................................................... No Action
HB 545-- Hotel-motel tax; define certain authorities ....................................... No Action
HB 546-- Teachers Retirement; vested benefit; 5 years' membership....................................................................................... No Action
HB 547-- Surcharges for certain public safety employees; remove certain limitations ...................................................................... 463, 739, 2607
HB 548-- Employees' Retirement; certain public safety personnel; enhanced benefit ............................................................................... No Action
HB 549-- Insurance premium tax credits; certified capital companies; repeal provisions............................................................ No Action
HB 552-- Employees' Retirement; 30 years' service; project to age 65 ...................................................................................................... No Action

4500

INDEX

HB 553-- Employees' Retirement; 31 years' service; project to age 65 ...................................................................................................... No Action
HB 554-- Employees' Retirement; 32 years' service; project to age 65 ...................................................................................................... No Action
HB 555-- Employees' Retirement; 33 years' service; project to age 65 ...................................................................................................... No Action
HB 557-- Judicial Retirement; certain creditable service ................................ 1634, 2332
HB 558-- Athletic and Entertainment Commission; amend provisions......................................................................................... 1320, 1688
HB 559-- Income tax; corporations; allocation and apportionment formulas ............................................................................................ No Action
HB 560-- Motor vehicles; certificates of title; payment of sales tax..................................................................................................... 1610, 1854
HB 562-- Income tax; exempt capital gain income .......................................... No Action
HB 563-- Income tax; biotechnology businesses; job tax credit ...................... No Action HB 564-- Income tax; credit for premium energy efficient
appliances.......................................................................................... No Action HB 565-- Ad valorem tax; exempt certain property used in
generating electricity......................................................................... No Action HB 566-- Income tax; credit for relocating headquarters; amend .................... No Action
HB 567-- Sales tax; exempt certain biotechnology research, product development, or manufacturing........................................... No Action
HB 568-- Public officials; decrease in salary ................................................... No Action
HB 569-- Agriculture Commissioner; retention and use of moneys................. No Action
HB 570-- Subsequent Injury Trust Fund; dissolution....................................... No Action
HB 571-- State purchasing; budget emergency; Governor reduce costs .................................................................................................. No Action
HB 572-- Special county 1% sales tax; amend provisions ............................... No Action
HB 573-- Coin operated amusement machines; revise provisions ................... No Action
HB 574-- Abortion; minor; parental notification.............................................. No Action HB 575-- Motor vehicles; temporary registrations; extend time ...................... No Action
HB 576-- Insurance; rate filings; effectiveness ................................................ No Action
HB 577-- Sexual offenders; probation or parole; register prior to release ............................................................................................... No Action
HB 578-- Economic Development and Public Safety Act; enact ..................... No Action
HB 580-- Grand juries; certain judges draw from electronic jury box .................................................................................................... No Action
HB 582-- Pardons and paroles; notification of decision................................... No Action
HB 583-- Students; certain acts of physical violence; disciplinary tribunal .............................................................................................. No Action
HB 585-- Used car dealers; surety bond .............................................................. 268, 705

INDEX

4501

HB 586-- Electric utilities; renewable energy goals ......................................... No Action
HB 591-- Employment security; certain persons seeking part-time work .................................................................................................. No Action
HB 593-- Special license plates; AIDS Survival Project........................................... 1722
HB 594-- State employees' health insurance; certain community service retirees .................................................................................. No Action
HB 595-- War on Terrorism Local Assistance Act; enact................................ No Action
HB 597-- State licensing boards; reduce number of members ......................... No Action
HB 599-- Appeals; postconviction DNA testing; procedure ............................ No Action
HB 601-- Annexation; unincorporated islands; objections............................... No Action
HB 603-- Substance Abuse and Crime Prevention Act; enact ......................... No Action
HB 604-- Telephone service; collect long distance calls; required announcement ................................................................................... No Action
HB 605-- Controlled substances; attempt or conspiracy to commit offense; sentence........................................................................................ 1320
HB 606-- Teachers Retirement; prior service; definition .......................................... 1708
HB 607-- Employees' Retirement; group term life insurance; definition.......................................................................................... 1708, 1961
HB 608-- Teachers Retirement; vested after 5 years' service ........................... No Action
HB 609-- Employees' Retirement; spouse's survivor benefits; change of beneficiaries .......................................................... 1708, 2364, 3487
HB 610-- Motor vehicles; registration; proof of insurance .............................. No Action
HB 611-- License plates; disabled veteran; vehicle owned by certain trust ...................................................................................... 1722, 2117
HB 612-- Sheriffs; change qualifications ......................................................... No Action
HB 613-- Parking permits; certain transporters of persons with disabilities ......................................................................................... No Action
HB 614-- Correctional institutions; housing certain inmates; reimbursement .................................................................................. No Action
HB 615-- Teachers Retirement; 5 years' service; vested benefit ...................... No Action
HB 616-- Drivers' licenses; certain out-of-state applicants; on-theroad driving test not required............................................................ No Action
HB 617-- Clinical perfusionist; physician's assistants; certain licensures; amend provisions.................................................... 462, 779, 3199, 3660
HB 618-- Magistrates Retirement Fund; create ................................................... 443, 672
HB 620-- Drivers' licenses; revocation; destruction of surrendered licenses.............................................................................................. No Action
HB 622-- Nonpartisan elections of local officers; additional officers .............................................................................................. No Action
HB 624-- Teachers Retirement; postretirement benefit increase...................... No Action

4502

INDEX

HB 625-- Professional counselors; foreign born, English speaking; temporary licenses ............................................................ No Action
HB 626-- Ad valorem tax; motor vehicles; exempt veterans organizations..................................................................................... No Action
HB 627-- State government; phones; prohibit certain voice mail use ..................................................................................................... No Action
HB 628-- Occupational regulation legislative review; amend provisions.......................................................................................... No Action
HB 629-- General Assembly; eligibility to prefile bills and resolutions......................................................................................... No Action
HB 630-- Special license plates; Choose Life, Inc. .......................................... No Action
HB 631-- Municipal utility accounts; collection; statute of limitations ......................................................................................... No Action
HB 632-- Georgia Emergency Management Agency; state government safety plans; exemptions............................................... No Action
HB 633-- Labor and industrial relations; unlawful discriminatory practices; prohibit ............................................................................. No Action
HB 634-- Contact lenses; comprehensive revision of provisions..................... No Action
HB 635-- Richmond County and City of Augusta; commission; votes .................................................................................................. No Action
HB 636-- Vehicles and loads; excess weight; penalties ................................... No Action
HB 639-- Magistrates and chief magistrate; nonpartisan elections .................. No Action
HB 640-- House; reapportion districts 132, 134, 135, 136, 137, 138, 139, 141 .................................................................................... No Action
HB 641-- Bona fide conservation use property; additional ownership qualifications ................................................................... No Action
HB 642-- Congressional districts; amend provisions ....................................... No Action
HB 643-- House districts; amend provisions .................................................... No Action
HB 644-- Poultry production contracts; regulate.............................................. No Action
HB 645-- Alcoholic beverages; redefine malt beverage.............................................. 668
HB 647-- Supplemental appropriation; Department of Labor.......................... No Action
HB 648-- Poultry production contracts; regulate.................................. 77, 150, 173, 293, 3676
HB 651-- Driving under the influence; refusal to submit to chemical testing; create offense........................................................ No Action
HB 653-- Cigarettes and tobacco products; prohibit possession by minors; exceptions ................................................................. 1709, 2337, 3097
HB 654-- Tax sales; redemption of property; personal service of certain notice..................................................................................... No Action
HB 655-- Juvenile court; jurisdiction; temporary child support for deprived child ................................................................................... No Action

INDEX

4503

HB 656-- Deceptive practices; credit card solicitation; verify address ...................................................................................... 323, 711, 1320, 1804, 3321, 3571
HB 658-- New counties; procedures for creating; County Formation Review Commission ....................................................... No Action
HB 661-- DeKalb County; homestead exemption; base year assessed value ................................................................................... No Action
HB 662-- DeKalb County; homestead exemption; base year assessed value ................................................................................... No Action
HB 664-- Electric power plants; remove power of eminent domain .............................................................................................. No Action
HB 666-- Local governments; annual audits; service delivery; change certain amounts and definitions........................................... 3616, 3786
HB 667-- Quitman County; homestead exemption; certain residents ............................................................................................ No Action
HB 669-- Clay County; homestead exemption; certain residents.............................. 3103
HB 670-- Juvenile proceedings; youthful offenders; amend provisions.......................................................................................... No Action
HB 671-- Eminent domain; electric transmission line; prohibit; exception........................................................................................... No Action
HB 672-- Timber harvesting operations; local regulation; limit effect ................................................................................................. No Action
HB 675-- Judicial vacancies; appointment by governor; prohibition; exemption...................................................................... No Action
HB 676-- Motor vehicle emissions inspections; remote sensing technology; create fund..................................................................... No Action
HB 677-- Income tax refund; setoff debt; probation fees and restitution orders ........................................................................ 188, 256, 2662
HB 678-- Drivers' licenses; certain suspension; law enforcement officer's legal representation ............................................................. No Action
HB 679-- Ad valorem taxes, fees, service charges, assessments; installment payments; statewide applicability .................................. No Action
HB 681-- Atlanta Independent School System; continue under control of Atlanta Board of Education.............................................. No Action
HB 683-- Traffic violations bureaus; prosecution of certain misdemeanor offenses.................................................................................... 78
HB 685-- License plates and special plates; placement on vehicle .................. No Action
HB 686-- Interest and usury; commercial accounts; maximum rate................. No Action
HB 687-- Cobb County-Marietta Water Authority; amend provisions......................................................................................... 2754, 2804
HB 689-- Revenue bonds; redefine undertaking; remove certain referendum requirement.................................................................... No Action

4504

INDEX

HB 696-- Ad valorem tax exemption; recreational boats; $75,000 of assessed value............................................................................... No Action
HB 697-- Managed health care plans; right to independent review; include state employees .................................................................... No Action
HB 700-- Surgical or medical treatment; mental patients; representative give consent............................................................... No Action
HB 701-- Independence Plus Act; enact ........................................................... No Action
HB 703-- Open records; exemption; public water supply systems or sewage systems............................................................................. No Action
HB 705-- Public roads; erection of sign without permit; $500 fine ................. No Action
HB 706-- HOPE scholarships; eligibility; amend provisions ........................... No Action
HB 708-- Fraud, waste, abuse in state operations; whistle blower; prohibit retaliation............................................................................. No Action
HB 709-- State and Local Taxation, Financing, and Service Delivery Revision Act of 2004; enact .................................... 735, 2051, 2563, 2693, 2823, 3689, 3751
HB 711-- Reckless conduct against peace or correctional officer; HIV or hepatitis infected person....................................................... No Action
HB 712-- Colleges and technical schools; textbooks in electronic format............................................................................................... 1778, 2126
HB 714-- Local code enforcement; repeat violations; amend provisions.......................................................................................... No Action
HB 715-- Peace Officers' Annuity and Benefit; include certain fraud investigators............................................................................. No Action
HB 716-- Furnishing alcoholic beverages to persons under 21 without seeing proper identification; rebuttable presumption ...................................................................................... No Action
HB 717-- Psychologists; authority to prescribe drugs; create psychopharmacological formulary ................................................... No Action
HB 718-- Martin Luther King, Jr. State Holiday Commission; create .......................................................................................................... 2081
HB 720-- Family violence battery; define conviction ...................................... No Action
HB 723-- Elections; petition candidates; notification of requirements...................................................................................... No Action
HB 724-- Timber harvesting operations; local regulation; limitations ......................................................................................... No Action
HB 725-- State, local governments, local boards of education; timely payment of goods and services.............................................. No Action
HB 727-- River and harbor dredging; beach replenishment.................. 1294, 1668, 2607
HB 729-- Elections; superior court clerks; nonpartisan.................................... No Action

INDEX

4505

HB 731-- Unemployment benefits; additional ground for disqualification.................................................................................. No Action
HB 732-- State flag; change design .................................................................. No Action
HB 733-- Unclaimed property; disposition; unpaid wages deemed abandoned .................................................................................................... 443
HB 736-- Ad valorem tax assessments; periods of limitation ............................. 443, 741
HB 737-- Purchasing property at tax sales; registration of business................. No Action
HB 738-- Atlanta, City of; traffic court; additional penalties........................... No Action
HB 739-- Judges of the Probate Courts Retirement; designated surviving beneficiary ................................................................... 77, 149, 2607
HB 740-- Juvenile traffic offenses; jurisdiction; remove from juvenile court .................................................................................... No Action
HB 741-- Inmate transfers; limitations on requests .......................................... No Action
HB 742-- Private prisons; regulation; provisions ............................................. No Action
HB 743-- Motor vehicles; certain records; subject to Driver's Privacy Protection Act ...................................................................... No Action
HB 744-- Unclaimed property; disposition of unpaid wages; change provisions ............................................................................. No Action
HB 745-- MARTA; certain Board members; voting power ............................. No Action
HB 746-- Employees' Retirement; forfeited leave; include from prior service ......................................................................................... 287, 432
HB 747-- Eggs; labeling; provisions concerning expiration dates ................... No Action
HB 749-- Alimony; length of time and amount; effect of remarriage ......................................................................................... No Action
HB 751-- Drivers' licenses; reduced fees for organ donors; eliminate............................................................................................ No Action
HB 752-- Elections; on-site absentee voting; provisions.................................. No Action
HB 753-- Employees' Retirement and Judicial Retirement; prior service as assistant district attorney; service credit ............................. 287, 937
HB 755-- American Indian tribes; recognize RedNation of Cherokee New Echota Band ............................................................. No Action
HB 758-- Garnishment; filing costs or fees; prohibit multiple payments ........................................................................................... No Action
HB 760-- Advisory committee on hearing in newborn infants; continuation ................................................................................................. 285
HB 761-- School counselors; national certification; salary increase ............................................................................................. No Action
HB 762-- Landlord and tenant; disposition of tenant's property; landlord's liability ................................................................. 1722, 2247, 3214, 3389
HB 763-- Commercial driveways; permits; certain school bus loading areas ..................................................................................... No Action

4506

INDEX

HB 766-- Revenue bonds; issuance of obligations; amend provisions.......................................................................................... No Action
HB 767-- Traffic violations; disposition; amend; suspension of license ............................................................................................... No Action
HB 769-- Property sold for taxes; foreclosure; right of redemption................. No Action
HB 771-- Ethics in government; amend provisions.......................................... No Action
HB 772-- Bingo games; operation by auxiliary unit of parent organization ...................................................................................... No Action
HB 773-- State flag; change design .................................................................. No Action
HB 774-- Tobacco manufacturers; certain certifications; prohibited sales ................................................................................. No Action
HB 775-- Frivolous Litigation Prevention Act; enact....................................... No Action
HB 776-- Hospital Insurance Authority Act; enact .......................................... No Action
HB 777-- State depositories; certain letters of credit to secure state funds ......................................................................................... No Action
HB 778-- Public transit; buses, rapid rail cars, stations; allow bottled water ..................................................................................... No Action
HB 788-- Indigent defense; state funds; change distribution criteria ............................................................................................... No Action
HB 791-- State health planning; ambulatory surgical facilities........................ No Action
HB 793-- Disabled persons; identification cards and parking; include persons age 85 or above....................................................... No Action
HB 794-- Interstate cooperation; include Southern Legislative Conference ........................................................................................... 443, 680
HB 797-- Health; micropigmentation practitioners; licensure.......................... No Action
HB 799-- Family violence; mutual protective orders; revise prohibition......................................................................................... No Action
HB 806-- Consumer Choice of Benefits Health Insurance Plan Act; enact .......................................................................................... No Action
HB 807-- Open records exemption; public water supply or sewage systems; judicial review in camera ................................................... No Action
HB 808-- School psychologists; national certification; salary increase ........................................................................................................ 323
HB 809-- Firefighters' Pension; reemployment of retired firefighters......................................................................................... No Action
HB 810-- Superior Court Clerks' Cooperative Authority; fees and records; extend sunset dates..................................................... 931, 1969, 3097
HB 811-- Superior court clerks; fees and records; repeal sunset provisions.......................................................................................... No Action
HB 812-- Violating family violence order; define offense; penalties ............................................................................................ No Action
HB 813-- Driver education for minors; income tax credit................................ No Action

INDEX

4507

HB 814-- Hunting; alligators and certain other wildlife; amend regulations......................................................................................... No Action
HB 816-- Drivers' licenses; acknowledgment of implied consent law..................................................................................................... No Action
HB 817-- Employees' Retirement and Teachers Retirement; unused sick leave; credit ................................................................... No Action
HB 818-- Law enforcement officers stopping motorists; prohibit race considerations............................................................................ No Action
HB 819-- Food service establishments; serving tea; requirements................... No Action
HB 820-- Jails; certain counties; full-time dispatcher serve as jailer .................................................................................................. No Action
HB 821-- Municipal courts; pretrial intervention and diversion programs .............................................................................................. 267, 294
HB 822-- Farmland Protection Act; enact ........................................................ No Action
HB 823-- State flag; change design; advisory referendum............................... No Action
HB 824-- Sheriff's services; increase certain fees............................................. No Action
HB 827-- Open meetings and records; amend provisions ................................ No Action
HB 828-- Indigent Defense Act; enact; circuit public defenders...................... No Action
HB 829-- Selling and trade practices; certain equipment and materials; retention of title................................................................ No Action
HB 833-- Public records; inspection; certain requests to be in writing.......................................................................................................... 966
HB 834-- Ad valorem tax; motor vehicles; return in county where functionally located............................................................................ 665, 1272
HB 838-- Employees' Retirement; certain court administrators; certain service credit .......................................................................... 464, 1275
HB 843-- Insurance; health care claims; expedited processing ........................ No Action
HB 844-- Cigar and cigarette taxes; counterfeit cigarettes; penalties ............................................................................................ No Action
HB 845-- Hunting deer with dogs; permits; prohibition................................... No Action
HB 846-- Conform Code references to House and Senate committee names ............................................................................. 3599, 3677
HB 851-- Public road funds; metropolitan planning organizations; formation........................................................................................... No Action
HB 852-- Income tax; estimated tax liability payments; increase threshold............................................................................................ No Action
HB 855-- Dealers' sales tax returns; estimated tax liability payments; increase threshold ............................................................ No Action
HB 858-- Traffic law sentences; restrictions on modification; amend................................................................................................ No Action
HB 859-- Trial juries; peremptory challenges; alternate jurors ........................ No Action

4508

INDEX

HB 860-- Economic Development and Fiscal Accountability Act; enact .................................................................................................. No Action
HB 863-- Uniform rules and driver's licenses; probation restrictions......................................................................................... No Action
HB 864-- Certiorari and appeals; bill of costs; amend provisions.................... No Action
HB 865-- Official Frontier and Southeastern Indian Interpretive Center; designate........................................................................................ 2663
HB 866-- Family and children services; county director; serve in multiple counties............................................................................... No Action
HB 867-- Communication service and devices; unlawful access; penalties ............................................................................................ No Action
HB 868-- Special master; inverse condemnation; provisions........................... No Action
HB 869-- Civil filings and criminal fines; additional charges; repeal certain charges............................................................ 1709, 2018, 2824, 2898, 2902
HB 870-- License to carry pistol; law enforcement officer; no fee .................. No Action
HB 872-- Driver's license suspension; noncompliance with child support; reinstatement....................................................................... No Action
HB 873-- Teachers Retirement; certain non-public school service; credit .......................................................................................................... 1467
HB 875-- Continuation budget reports; agencies justify programs .................. No Action
HB 877-- Education; certificated professional personnel; regulation .......................................................................................... No Action
HB 878-- Employees' Retirement; Prosecuting Attorneys' Council; certain prior service credit; provisions.......................... 77, 140, 2608
HB 879-- Violation of certain ordinances; increased jail time ......................... No Action
HB 881-- Waters unsafe for recreation; EPD director order warning signs .................................................................................... No Action
HB 882-- Solid waste facilities; permit modification provisions ................................ 286
HB 883-- Special purpose local option sales tax; levy and debt provisions; referendum ..................................................................... No Action
HB 884-- Grandparents' visitation rights; amend provisions............................ No Action
HB 885-- Nondiscrimination Act of 2003; enact.............................................. No Action
HB 886-- Airports receiving state financial assistance; certain repayment............................................................................................. 827, 939
HB 887-- Civil actions; certain settlement differential; reasonable costs .................................................................................................. No Action
HB 889-- Natural gas competition and deregulation; regulated providers; amend provisions............................................................. No Action
HB 891-- Bona fide coin operated amusement machines; regulation .......................................................................................... No Action
HB 892-- Adult offenders; transference of supervision; fee............................. No Action

INDEX

4509

HB 894-- Cigarettes and tobacco products; sales, etc. to minors; amend provisions .............................................................................. No Action
HB 895-- Rock quarries; licensing and regulation by local governments...................................................................................... No Action
HB 897-- General Assembly members; salary; four equal monthly payments ........................................................................................... No Action
HB 898-- State Flag Design Commission; create ............................................. No Action
HB 899-- State flag; prohibit certain symbols; exception ................................ No Action
HB 900-- Schools; local boards; adopt truancy policy ..................................... No Action
HB 901-- Special license plates; administrative process; applications ....................................................................................... No Action
HB 902-- Special license plates; colleges or universities; amend provisions.......................................................................................... No Action
HB 903-- Open records; exemption; certain personal information .................. No Action
HB 905-- Juvenile proceedings; redefine "child" ............................................. No Action
HB 906-- Certain counties; certain limitation on annexation; repeal................................................................................................. No Action
HB 908-- Advisory referendum; using hand-held mobile phone while driving vehicle; prohibit.......................................................... No Action
HB 909-- Cobb County; board of commissioners; compensation.................... No Action
HB 911-- Georgia War Veterans Nursing Home Trust Fund; create; special license plates ...................................................................... 1722
HB 914-- Employees' Retirement; reduced retirement allowance and partial lump sum payment; provisions.................................. 77, 146, 1078
HB 916-- Gateway Regional Information Center, Inc.; Cobb County public rest stops.................................................................... No Action
HB 917-- Teachers Retirement; reduced retirement allowance and partial lump sum payment; provisions......................................... 77, 143, 1078
HB 918-- Bonds and recognizances; remove court's discretion for certain persons ................................................................................. 1442, 1852
HB 919-- Columbia County; coroner; compensation ................................................ 2948
HB 923-- Employees' Retirement and Judicial Retirement; certain membership; creditable service .................................................. 77, 126, 3214, 3391, 3496, 3664, 3760, 3831, 3838
HB 928-- Fulton County; homestead exemption; base year assessed value ................................................................................... No Action
HB 930-- Local boards of education; establish start date of school year.................................................................................................... No Action
HB 931-- Mentally retarded; habilitation; designated representatives; guardian ad litem .................................................... No Action

4510

INDEX

HB 932-- Forsyth County; board of registrations and elections; chairperson's compensation ....................................................................... 2949
HB 933-- Judicial Retirement; certain prior county service; credit.................. No Action
HB 934-- Lottery for education; proceeds; compensation to retailers.............................................................................................. No Action
HB 935-- Advisory committee on seniors and prescription drug costs; establish ................................................................................... 462, 1847
HB 937-- African Affairs Commission; create ................................................. No Action
HB 941-- Liens; treatment, board, or care of animals; change provisions............................................................................................. 285, 382
HB 943-- Atlanta, City of; state court; additional penalties; use of funds.................................................................................................. No Action
HB 949-- McIntosh County; education districts; reapportion ................................... 2949
HB 950-- Motor vehicles abandoned on public property; removal by peace officer................................................................................. No Action
HB 951-- Septic tank waste; counties provide for disposal.............................. No Action
HB 953-- Driver education; requirements; provisions...................................... No Action
HB 954-- Prosecution costs; include certain transportation cost ...................... No Action
HB 955-- Interstate Compact for Juveniles; enact............................................ No Action
HB 957-- Telfair County; governing authority; amend provisions .................. No Action
HB 960-- Perry Industrial Building Authority; repeal constitutional amendment creating ............................................................ 2949
HB 961-- Income tax credit; qualified broadband equipment .......................... No Action
HB 962-- Education; students under age 16; prohibit permanent expulsion........................................................................................... No Action
HB 963-- Quiet reflection in schools; clarification; silent prayer or meditation ......................................................................................... No Action
HB 964-- Business and occupation tax; adult bookstores and entertainment outlets and explicit media outlets .............................. No Action
HB 965-- Property owners' associations; owners; right of access to records........................................................................................... No Action
HB 966-- Motor vehicles; safety restraints for children; change provisions.......................................................................................... No Action
HB 968-- Correctional institutions; inmate accounts; certain deductions ......................................................................................... No Action
HB 969-- Sandy Springs, City of; incorporate; new charter............................. No Action
HB 972-- Flexible Health Benefit Plan Act; enact ........................................... No Action
HB 975-- Fulton County School Employees Pension; cost-ofliving increases ...................................................................... 1339, 1700, 2949
HB 976-- Judicial Retirement; certain judges; transfer from Employees' Retirement .......................................................................... 77, 133

INDEX

4511

HB 977-- Children and youth; day-care employees; require first aid and CPR training......................................................................... No Action
HB 978-- Lottery for education; proceeds; compensation to retailers.............................................................................................. No Action
HB 980-- Dentistry, State Board of; add additional dental hygienist............................................................................................ No Action
HB 981-- Contact lenses; sales or dispensing; comprehensive revision of provisions........................................................................ No Action
HB 984-- Income tax; job tax credits; less developed areas; certain businesses; enterprise zones...................................... 1610, 1744, 3183, 3665, 3760
HB 985-- Education; joint enrollment; certain private schools and home study programs........................................................................ No Action
HB 986-- Engineer-in-training and land surveyor-in-training; certification requirements ...................................................................... 95, 134
HB 987-- Macon, City of; board of water commissioners; amend pension plan ....................................................................... 77, 234, 3201, 3537
HB 989-- Savannah, City of; corporate limits .................................................. No Action
HB 990-- Bondsmen relying on accuracy of certain records; immunity........................................................................................... No Action
HB 992-- On-site sewage management systems; Department of Human Resources adopt statewide regulations ........................................... 952
HB 993-- Income tax credit; certain pharmaceutical companies...................... No Action
HB 994-- Special grand juries; certain counties and consolidated governments; amend ......................................................................... No Action
HB 995-- Courts; certain clerks; continuing education .................................... No Action
HB 999-- Bloomingdale, City of; corporate limits ........................................... No Action
HB 1001-- Unemployment benefits; eligibility; employee leasing companies, etc................................................................................... No Action
HB 1002-- Counties and municipalities; agencies assisting refugees; certain reports.................................................................... No Action
HB 1003-- Residential and General Contractors, State Licensing Board; create ......................................................................... 1465, 1867, 3073, 3409, 3589, 3650
HB 1005-- Sheriffs' Retirement; certain retirees; return to service .................... No Action
HB 1006-- Bonds and recognizances; appearance bonds; judgments................. No Action
HB 1007-- Bonds and recognizances; sureties and forfeitures; amend provisions .............................................................................. No Action
HB 1008-- Surgical assistants; licensure; Composite State Board of Medical Examiners ........................................................................... No Action
HB 1009-- Contracts; public works; prohibit certain requirement .............................. 1705

4512

INDEX

HB 1010-- Carrying weapon without license; prohibit; exception to prohibition......................................................................................... No Action
HB 1011-- HOPE scholarships; eligibility; schools with certain accreditation........................................................................... 1379, 1840, 3074
HB 1012-- Accident and sickness insurance; group policies; infertility coverage............................................................................ No Action
HB 1013-- Education; elementary and middle school students; daily break......................................................................................... No Action
HB 1014-- Stone Mountain Memorial Association; members; requirements..................................................................................... 1281, 1374
HB 1015-- Drivers' licenses; priority service at centers ................................................ 952
HB 1016-- Physician's assistants; handling of professional samples ................. No Action
HB 1017-- Rockmart, City of; new charter ........................................................ No Action
HB 1018-- Georgia Arbitration Code; applicability; home builder's warranty ......................................................................................................... 43
HB 1019-- Sunshine in Litigation Act; enact .................................................................. 43
HB 1020-- Access to Postsecondary Education Instructional Material Act; enact......................................................................................... 43
HB 1021-- Irwin County; commissioner districts; reapportion ............... 43, 168, 171, 700
HB 1022-- Trains; operation, whistles, lights; remove certain provisions..................................................................................... 43, 466, 1843
HB 1023-- Drivers' licenses; suspension; minors; controlled substance violation......................................................................................... 43
HB 1024-- Cosmetology; persons authorized to study; lower age from 17 to 16........................................................................................ 43, 1721
HB 1025-- Juvenile proceedings; sibling group placement and visitation; amend provisions .......................................................................... 43
HB 1026-- Public officers and employees; certain property and records; preservation................................................................. 43, 1074, 1206, 2608
HB 1027-- Peace Officers' Annuity and Benefit; creditable service for certain prior service........................................................................ 663, 887
HB 1028-- Georgia Hospital Insurance Authority; create .......................... 43, 1320, 2137, 3099, 3239, 3322, 3371, 3442
HB 1029-- Hotel-motel tax; define certain convention and bureau authorities.......................................................................................... No Action
HB 1030-- Treasury and Fiscal Services, Office of; revenue enhancement fund .......................................................................................... 43
HB 1031-- Annexation; effective date; declaratory judgment provisions....................................................................................................... 43

INDEX

4513

HB 1032-- Annexation; 60 percent method; best interest determination ................................................................................................. 43
HB 1033-- Assisted living facilities; Levels I and II; provisions .................................... 43
HB 1034-- Employees' Retirement; disability benefits; maximum compensation ............................................................................... 43, 464, 1268
HB 1035-- Uniform rules; leaving child unattended in car; fine ................. 43, 1722, 2130
HB 1036-- Superior Court Clerks' Retirement; 8 years' service; benefits....................................................................................... 43, 1380, 1582
HB 1037-- Roofing contractors; regulation ..................................................................... 43
HB 1038-- Health Insurance Risk Pool; create; alternative mechanism coverage...................................................................................... 43
HB 1039-- Optometrists; certain medications for the eye; authority to prescribe..................................................................................................... 43
HB 1040-- State Planning for Increased Community Access Act; enact ............................................................................................................... 43
HB 1041-- Special license plates honoring Masons; revenue provisions....................................................................................................... 43
HB 1042-- School Pesticide Act; enact; regulations........................................................ 43
HB 1043-- Insurance; certain notices; certified mail or statutory overnight delivery .......................................................................................... 43
HB 1044-- Cochran, City of; corporate boundaries....................................... 43, 752, 1246
HB 1045-- Construction industry; electrical, mechanical, general, and utility contractors; licensing provisions ............................................ 41, 76
HB 1046-- Fire hazards; prohibit smoking within 20 feet of gas pumps....................................................................................................... 41, 76
HB 1047-- Soil Scientists Licensing Act of 2004; enact ........................ 41, 76, 124, 1720, 2257
HB 1048-- Education; required courses in history and government; State Board prescribe ........................................................... 42, 76, 1707, 2016
HB 1049-- Tobacco product manufacturers; escrow account deposits; payments....................................................................... Prefiled Only
HB 1050-- Tobacco product manufacturer directory; inclusion.................... 685, 724, 953
HB 1051-- Southern Judicial Circuit; add judge............................................ Prefiled Only
HB 1052-- Sales tax exemption; ice; poultry processing..................................... 58, 87, 88
HB 1053-- Teacher certification renewal; computer skill competency; prohibit requirement ............................................... Prefiled Only
HB 1054-- School councils; membership provisions ............................................ 110, 167
HB 1055-- Telecommunications; audible universal information access services; blind and print disabled citizens ................ 110, 167, 285, 372
HB 1056-- Drivers' licenses; certain requirement; driver training, schools, and oversight.............................................................................. 59, 87

4514

INDEX

HB 1057-- Crimes against minors; criminal negligence, cruelty, serious injury; redefine ................................................................ Prefiled Only
HB 1058-- Parental Leave Act; enact ........................................................ 59, 87, 168, 259 HB 1059-- Jones County; board of commissioners; amend
provisions..................................................................................... Prefiled Only HB 1060-- Local government; water utility services; rates and fees....................... 80, 123 HB 1061-- Prescription drugs; maximum manufacturer prices;
create schedule..................................................................................... 160, 186 HB 1062-- Major Airport Operations Act; enact........................................... Prefiled Only HB 1063-- Motorized cart; redefine; amend provisions ........................... 60, 87, 268, 312,
700 HB 1064-- Motor vehicles; license fees and classes; change certain
definitions ........................................................................................ 60, 87, 124 HB 1065-- Cigar and cigarette taxes; change certain definitions .............................. 60, 87 HB 1066-- Tax sales; tax levies and executions; change certain
provisions................................................................................................. 61, 87 HB 1067-- Ad valorem tax; amend certain definitions.............................................. 61, 87 HB 1068-- School construction; access to public street or road;
provisions............................................................................... 61, 88, 827, 1363 HB 1069-- Freedom of speech and right to petition; certain
actionable acts........................................................................ 61, 88, 966, 1220 HB 1070-- Real estate transfer tax; amend provisions .............................................. 62, 88 HB 1071-- Tax executions; issuance; amend certain provisions ............................... 62, 88 HB 1072-- Hotel-motel tax; amend certain definitions ............................................. 62, 88 HB 1073-- Estate tax; amend certain definitions....................................................... 63, 88 HB 1074-- Income tax; amend certain definitions..................................................... 63, 88 HB 1075-- Torts; "Levi's Call: GA's Amber Alert Program";
liability; exempt broadcasters .................................................................. 63, 88 HB 1076-- Captive insurance companies; workers' compensation
insurance contracts............................................................................. 63, 88, 95 HB 1077-- Revenue, Department of; change certain provisions ............................... 64, 88 HB 1078-- Motor fuel and road tax; amend certain definitions ................................ 64, 88 HB 1079-- Coin operated amusement machines; amend definitions ........................ 64, 88 HB 1080-- Excise tax; motor vehicle rentals; amend definitions .............................. 64, 88 HB 1081-- Insurance premiums; fees and taxes; amend provisions.......................... 65, 88 HB 1082-- Sales and use taxes; amend definitions.................................................... 65, 88 HB 1083-- Solid waste management; permitting of facilities;
certain prohibition................................................................... 65, 88, 286, 478, 2481

INDEX

4515

HB 1084-- Lumpkin County; homestead exemption; certain residents .................................................................................. 65, 88, 168, 171, 1732
HB 1085-- Guardian; appointment; licensed clinical social workers; qualified evaluators................................................................... 66, 88
HB 1086-- Bail bondsmen; allow service as certain elected officials......... 66, 88, 95, 125, 3654, 3789
HB 1087-- Motor vehicle license fees, classes, restricted plates; amend provisions .................................................................. 66, 88, 768, 1176, 2608
HB 1088-- Public safety; uniform state-wide radio codes and signals; create........................................................................................... 67, 87
HB 1089-- Office of Treasury and Fiscal Services; additional powers and duties.................................................................... 67, 87, 665, 751, 2481
HB 1090-- County or consolidated government; police force or sheriff's office; referendum...................................................................... 67, 87
HB 1091-- General Assembly; public employee who is member; employer accommodate ........................................................................... 67, 87
HB 1092-- County employees; service as elected officials; provisions................................................................................................. 68, 87
HB 1093-- Sexual offender registry; first offenders; change registration requirements .................................................... 68, 87, 1282, 2406, 3097
HB 1094-- Insurance fraud; violations; penalty provisions............................. 68, 87, 1229
HB 1095-- Spear fishing in certain waters; authorize............................... 69, 87, 267, 384, 2662, 3473, 3496
HB 1096-- Unfair practices; consumer transactions; derogatory reports ...................................................................................................... 69, 88
HB 1097-- Sexual offenses; business license sanctions; massage activities ................................................................................................... 69, 88
HB 1098-- School councils; meeting provisions ....................................................... 70, 88
HB 1099-- Petition to change name; confidentiality; amend certain provisions................................................................................................. 70, 88
HB 1100-- Revenue and taxation; amend certain provisions regarding definitions ................................................................................ 70, 88
HB 1101-- Vermiculture; branch of agricultural industry; define ............. 70, 88, 285, 744
HB 1102-- Hunting deer with dogs; new rules not affect open season....................................................................................................... 71, 88
HB 1103-- Bona fide conservation use property; notification; expiration of covenants........................................................... 71, 88, 665, 784, 3487

4516

INDEX

HB 1104-- Coffee County; probate judge; nonpartisan elections............. 71, 88, 168, 169, 844
HB 1105-- Sales tax exemption; wax and dies used by military .............. 71, 88, 89, 1726, 2283
HB 1106-- Tax sales; notice; tax execution; redemption amount ....................... 72, 88, 89
HB 1107-- Bona fide conservation use property; undeveloped riverside or streamside lands .................................................... 73, 88, 89, 953, 1134, 3098
HB 1108-- Crimes against children; negligence, cruelty, methamphetamines, serious injury, sexual abuse .............................. 73, 88, 90
HB 1109-- Supplemental appropriations; FY 2003-2004.......................................... 74, 88
HB 1110-- Supplemental appropriations; FY 2003-2004.......................................... 74, 88
HB 1111-- General appropriations; FY 2004-2005 ................................................... 74, 88
HB 1112-- Jones County; board of commissioners; chairperson ............. 75, 88, 168, 171, 1837, 1957
HB 1113-- Traffic control device preemption emitters; prohibition ...... 81, 123, 286, 477, 3617
HB 1114-- Drivers' licenses; certain students show parents' address .............. 81, 123, 268
HB 1115-- Garden City Area Convention and Visitors Bureau Authority; create ................................................................... 81, 123, 877, 878, 2810, 3116
HB 1116-- HOPE scholarship; felony or misdemeanor conviction; ineligibility............................................................................................. 82, 123
HB 1117-- Lottery Corporation; legislative oversight committee; conform committee references.............................................. 82, 124, 324, 430, 3618
HB 1118-- Public officers and employees; payroll deductions; Higher Education Savings Plan ............................................ 82, 124, 235, 257, 2481
HB 1119-- State and local governments; business transactions; use English only; exception ......................................................................... 82, 124
HB 1120-- Johnson County; commissioner districts; reapportion........... 83, 124, 188, 881
HB 1121-- Johnson County; education districts; reapportion ................ 83, 124, 188, 189, 881
HB 1122-- School council members; staggered terms ............................................ 83, 124
HB 1123-- County school superintendents; employment contract; publication ......................................................................... 84, 124, 1294, 1807
HB 1124-- Schools; prohibit certain sales of soft drinks......................................... 84, 123
HB 1125-- Education; bullying by students; amend provisions .............. 84, 123, 663, 780
HB 1126-- Southern Judicial Circuit; add judge............................................ 84, 123, 1380
HB 1127-- Brooklet, City of; new charter ............................................. 85, 123, 288, 3103

INDEX

4517

HB 1128-- Community service boards; full-time employment of retirees; prohibit; exception ................................................................... 85, 123
HB 1129-- Community Service Board Overview Commission; create ...................................................................................................... 85, 124
HB 1130-- Probation system; drug and alcohol screening; provisions............................................................................................... 86, 124
HB 1131-- Endangering child through manufacture of methamphetamine; define offense......................................................... 86, 124
HB 1132-- Starvation and Dehydration of Persons with Disabilities Prevention Act; enact............................................................................. 86, 124
HB 1133-- Insurance; property or casualty; premium financing ............................. 86, 124
HB 1134-- Insurance; property and casualty; location of agents............................. 87, 124
HB 1135-- Cruelty to children; methamphetamine; unlawful activities ................................................................................................. 87, 124
HB 1136-- Transportation Infrastructure Bank Act; enact ......................... 111, 167, 1710, 2385, 3099, 3401, 3493, 3753, 3772, 4076
HB 1137-- Employees' Retirement; Indigent Defense Council; change designation.............................................................. 111, 167, 663, 747, 2608
HB 1138-- Smoking in motor vehicle with child in car seat; define offense............................................................................... 111, 167, 466, 1558, 3100
HB 1139-- Counties and municipalities; electronic security systems; fees ........................................................................................ 112, 167
HB 1140-- Ad valorem tax exemption; recreational boats; referendum ........................................................................................... 112, 167
HB 1141-- Dentists and dental hygienists; amend provisions .............. 112, 167, 462, 791, 3487
HB 1142-- Elections; candidate qualification challenges; amend provisions..................................................................................... 113, 167, 323
HB 1143-- Quitman County; homestead exemption; certain residents .............................................................................. 113, 167, 188, 189, 1123
HB 1144-- Randolph County; homestead exemption; certain residents .............................................................................. 113, 167, 188, 189, 2949
HB 1145-- Counties and consolidated governments; private trespass towing; licenses...................................................................... 113, 167
HB 1146-- Clay County; homestead exemption; certain residents....... 114, 167, 188, 190, 2950

4518

INDEX

HB 1147-- Agriculture; commissioner's orders; administrative review........................................................................................ 114, 167, 1052, 1126, 3321, 3541
HB 1148-- Autopsies; certain persons; governor's authority to order.................... 114, 167
HB 1149-- Telecommunication companies; process for disputing charges; disclosure............................................................................... 115, 167
HB 1150-- Counties; private trespass towing; licenses .............................. 115, 167, 1722, 2358
HB 1151-- Education; professional personnel; results of background checks............................................................. 115, 168, 951, 1682
HB 1152-- Income tax; refunds; increase time for claiming ................................. 115, 168
HB 1153-- State government; certain privatization contracts; amend provisions ................................................................................. 116, 168
HB 1154-- Department of Probation and Parole Community Based Supervision; create............................................................................... 116, 168
HB 1155-- Traffic offenses; certain right of way violations; penalties ............................................................................... 116, 168, 768, 941
HB 1156-- Transportation Department; appointment of investigators; streetcar pilot projects; provisions ............... 117, 167, 236, 310, 3654, 3834
HB 1157-- Motor vehicle franchises; provisions; Motor Vehicle Safety Department enforce .................................................................. 117, 167
HB 1158-- Ignition interlock devices; limited driving permits; revocation; provisions....................................................... 117, 167, 268, 1204, 3478, 3640
HB 1159-- Motor vehicles; traffic offenses; conviction notification .... 118, 167, 268, 474
HB 1160-- Interfering with electronic monitoring devices; define offense....................................................................................... 118, 167, 1054, 1580
HB 1161-- Probation Management Act; enact............................................ 118, 167, 1054, 1591, 2957, 3197
HB 1162-- Ignition Interlock Device Providers Act; enact ........................ 119, 167, 1054, 1213, 3478, 3636, 3752
HB 1163-- Division of probation/parole community based supervision; create ............................................................................... 119, 167
HB 1164-- Butts County; board of elections and registration; create... 119, 167, 188, 190, 2810
HB 1165-- Consumer retail transaction; rebates; definitions ................................ 119, 167
HB 1166-- Bail; driving under influence; amend release provisions .................... 120, 167

INDEX

4519

HB 1167-- Architecture; registration to practice; amend requirements.............................................................................. 120, 167, 1074, 2430, 3098
HB 1168-- Driver's licenses and training; vehicle insurance lapse fees; truck identification standards; administrative procedure .......................................................................... 120, 167, 268, 2291, 3321, 3630, 3752
HB 1169-- Criminal procedure; uniformity in sentencing; target sentences and ranges............................................................................ 121, 167
HB 1170-- Tax sales; redemption of property; amend provisions......... 121, 167, 665, 910
HB 1171-- Fair lending practices; amend provisions ............................................ 121, 167
HB 1172-- Teachers; certification renewal; computer skills test not required ........................................................................................ 122, 167, 442
HB 1173-- Inmates; voluntary labor; privately owned profitmaking employers................................................................................ 161, 186
HB 1174-- Uniform Standards Code for Manufactured Homes Act; enact .................................................................................... 161, 186, 767, 894, 3488
HB 1175-- Cosmetology; training programs operated by Corrections; provisions; State Board; amend membership qualifications.................................................. 161, 186, 287, 399, 3183, 3394, 3589, 3836
HB 1176-- Disabled persons; redefine; temporary parking permits..... 162, 186, 268, 313, 2609
HB 1177-- Drivers' licenses; suspension; nonresidents; prescribed forms .................................................................................... 162, 187, 268, 394
HB 1178-- Certificate of title; applications; change time period........................... 162, 187
HB 1179-- Crimes against public school employees; redefine school property; school bus drivers; mandatory training . 162, 187, 931, 1407, 3321, 3623
HB 1180-- Supplemental appropriations; FY 2003-2004..................... 163, 187, 876, 978, 1472, 1474, 1552, 1553, 1567, 2504, 2564
HB 1181-- General appropriations; FY 2004-2005 ...........................1. 63, 187, 1795, 1895, 2824, 2835, 2902, 2903, 3833, 3906
HB 1182-- Work release programs; felony sentences; provisions ............. 163, 187, 1709, 1855
HB 1183-- Controlled substances; offense related to addiction; penalty provisions ...................................................................... 164, 186, 1779

4520

INDEX

HB 1184-- Sales tax exemption; school supplies; clothing; computers; limited time ...................................................... 164, 186, 187, 953, 2354, 3488
HB 1185-- Natural Resources; conservation rangers; powers; watercraft inspection.......................................................... 165, 186, 842, 1161
HB 1186-- Farmers' markets; license to sell; suspension; prohibition........................................................................... 165, 186, 285, 392, 2609
HB 1187-- Tax executions; issuance and transfer; prompt handling..................... 165, 186
HB 1188-- Tax sales; redemption of property; amend provisions......................... 166, 187
HB 1189-- Supplemental appropriations; revenue shortfall and mid-year adjustment reserve................................................................ 166, 187
HB 1190-- Education laws; amend provisions ........................................... 166, 187, 1720, 2174, 3100, 3266, 3322, 3382, 3442, 4028, 4076
HB 1191-- Controlled substances; forfeiture of property; proceeds; law enforcement museum .................................................................... 180, 251
HB 1192-- Georgia Bureau of Investigation; nomenclature; definitions; usage; violations .............................................. 180, 251, 286, 745, 2605, 3179, 3500
HB 1193-- Education; student attendance requirements; amend provisions............................................................................................. 180, 251
HB 1194-- Child custody; court appointed custody evaluator; liability ............................................................................... 181, 251, 842, 1159
HB 1195-- Contracts; timely payment; professional services providers .............................................................................. 181, 251, 732, 944
HB 1196-- Tax executions and judicial sales; prohibit certain sales ..................... 181, 251
HB 1197-- Tax sales; redemption of property; amount payable ........................... 182, 251
HB 1198-- Tax executions and judicial sales; amend certain provisions............................................................................................. 182, 251
HB 1199-- Special county sales and use tax; amend provisions; referendum ........................................................................................... 182, 251
HB 1200-- State government; prohibit discrimination against certain private social organizations ........................................... 183, 251, 1320
HB 1201-- Hotel-motel tax; continuation; audits; review board; reports .......................................................................................... 183, 251, 252
HB 1202-- Local correctional facilities; inmates; medical treatment.................... 183, 251
HB 1203-- Insurance; service of orders and notice; electronic mailing ....................................................................................... 184, 251, 1609
HB 1204-- Torts; voluntary health care providers; limit liability................ 184, 251, 1721

INDEX

4521

HB 1205-- Counties and municipalities; public water and sewage systems; prohibitions; exceptions .............................................. 184, 251, 2163
HB 1206-- Bail bond business; allow attorneys to indirectly engage in but not manage...................................................................... 185, 251, 1320, 1405
HB 1207-- Supplemental appropriations; revenue shortfall and mid-year adjustment reserve............................................... 185, 251, 253, 266, 295, 735
HB 1208-- Local boards of education and school councils; amend provisions............................................................................. 185, 251, 323, 385
HB 1209-- Dooly County; county administrator; create office ........... 242, 283, 341, 1198
HB 1210-- State government; executive branch; privatization contracts ............................................................................................... 242, 283
HB 1211-- Annexation; prohibit without county's consent; apply statewide .............................................................................................. 242, 283
HB 1212-- State income tax credit; qualified research expenses .......................... 242, 283
HB 1213-- Quality basic education; athletic associations; permit certain region or classification changes............................................... 243, 283
HB 1214-- Carrying weapon without a license; exempt certain court clerks........................................................................................... 243, 283
HB 1215-- Appeals; certain decisions; exempt zoning and land use cases .......................................................................................... 243, 283, 1708, 1973
HB 1216-- Peace officers; training requirements; exempt retired officers from fees ......................................................................... 244, 283, 769
HB 1217-- Morgan County; board of education; compensation ......... 244, 283, 341, 2811
HB 1218-- Deceptive or unfair practices; inbound call centers; disclosures; penalties ........................................................................... 244, 283
HB 1219-- Assault and battery against county or municipal officers; penalties................................................................................. 244, 283
HB 1220-- Prescription drugs; manufacturer's price schedule; certain prior approval requirements..................................................... 245, 283
HB 1221-- Fleeing or eluding a police officer; define offenses; penalties ....................................................................................... 245, 283, 442
HB 1222-- Judgments; inclusion of costs; specify types ....................................... 245, 283
HB 1223-- Homer, City of; new charter ............................................... 246, 283, 341, 342, 2663
HB 1224-- Appropriations bills; conference committee changes; amend provisions ................................................................................. 246, 283
HB 1225-- Carrying weapons at school functions or safety zones; exceptions to prohibition ..................................................................... 246, 283

4522

INDEX

HB 1226-- Income tax; military income exclusion; amend provisions............................................................................................. 246, 283
HB 1227-- Jury duty; exempt certain caregivers and home school teachers ..................................................................................... 247, 283, 1610, 2403, 3443, 3793
HB 1228-- Voting precincts; boundaries; gated community or planned unit development.................................................. 247, 283, 462, 1252
HB 1229-- Cruelty to children; second degree; nonmerger provision ............................................................................. 247, 283, 284, 465, 1223, 3214, 3472
HB 1230-- Hunting deer with dogs; permits; change certain provisions............................................................................................. 248, 283
HB 1231-- Local government; impact fees; include sewer improvement fees................................................................................. 248, 283
HB 1232-- Accident and sickness insurers; prohibit limitation; geographic location.............................................................................. 248, 283
HB 1233-- Family violence; peace officer training; sexual offense cases ..................................................................................................... 249, 283
HB 1234-- Meat, poultry, seafood; mobile sale vehicles; license expiration ............................................................................. 249, 283, 460, 908
HB 1235-- Weight of vehicle and load; certain limitations; farm products................................................................................................ 249, 283
HB 1236-- Malt beverages; free tasting; brewery tours; food ............................... 250, 283
HB 1237-- Employees' Retirement; certain Housing and Finance Authority employees; service payment ....................................... 250, 283, 464
HB 1238-- Sales tax exemption; overhead materials; certain government contractors....................................................... 272, 336, 769, 890, 2912
HB 1239-- Sales tax; certain refunds; restrictions ................................ 272, 336, 337, 769, 941, 2913
HB 1240-- State purchasing; vendors; additional requirements .................... 273, 336, 337
HB 1241-- Drivers' licenses, cell phones, seat belts, minors; amend provisions............................................................................................. 273, 336
HB 1242-- License plates; authentic historical plates; redefine ............................ 274, 336
HB 1243-- Motor vehicles; identification rules; comply with federal provisions............................................................... 274, 336, 768, 1178
HB 1244-- Motor vehicles; window tint restrictions; nonresidents....................... 274, 336
HB 1245-- Code of Georgia; corrections.................................................... 274, 336, 1394, 1741, 3488
HB 1246-- Retirement and Pensions Code; corrections ............................. 275, 336, 1394, 1742, 3488

INDEX

4523

HB 1247-- Elections Code; corrections ...................................................... 275, 336, 1394, 1743, 3488
HB 1248-- Motor carriers; certain 911 service; vehicles and loads; amend provisions .............................................................. 275, 336, 826, 1043, 3655, 3877, 4075
HB 1249-- Crime victims; restitution and distribution; escrow accounts; liability................................................................................. 276, 336
HB 1250-- Senior Protection Advisory Council; create ........................ 276, 336, 767, 974
HB 1251-- Motorcycles; certain traffic-control signals; regulations..................... 276, 336
HB 1252-- Sales tax exemption; Internet sales transactions.................................. 277, 336
HB 1253-- Special license plates; Medal of Honor; surviving spouse retain ....................................................................... 277, 336, 768, 976, 2605
HB 1254-- Railroad crossings; elimination; petition provisions .......... 277, 336, 337, 466, 750, 2609
HB 1255-- Taxable net income; exclude certain capital gains; condemned property .................................................................... 278, 336, 338
HB 1256-- Civil actions; fees and costs; assessed against losing plaintiff................................................................................................. 278, 336
HB 1257-- Public roads; balancing federal and state funds; certain projects................................................................................................. 279, 336
HB 1258-- Minimum wage mandates by local governments; preemption; exceptions ............................................................. 279, 336, 1196, 2234, 2663
HB 1259-- Family violence and stalking offenses; persons convicted; publication of photo ................................................ 279, 336, 1320, 2319
HB 1260-- Georgia Procurement Registry; certain bid advertisements; local governments...................................................... 280, 336
HB 1261-- Contact lens prescribers; licensing requirements; violations; penalties ............................................................................. 280, 336
HB 1262-- Ethics; disclosure reports and delivery envelopes; file together ........................................................................................ 280, 336, 339
HB 1263-- Insurance; service of orders and notices; authorize electronic mail; property insurance; claim against policy; define ............................................................................ 281, 336, 1229, 1355, 2605, 3059
HB 1264-- Criminal procedure; demands for trial; amend provisions............................................................................................. 281, 336
HB 1265-- Physicians; licenses; temporary postgraduate training permits .............................................................................. 281, 336, 825, 1604, 3098

4524

INDEX

HB 1266-- Health, education, and social services; certain boards and councils; amend provisions........................................... 282, 336, 462, 708
HB 1267-- Indigent defense; state funds; distribution provisions ......................... 327, 367
HB 1268-- Traffic control signal monitoring devices; prohibit recording image of driver .................................................. 327, 367, 952, 1211
HB 1269-- Family violence; temporary relief ex parte; police report or notice ............................................................................................... 327, 367
HB 1270-- Schools; maximum class size; amend provisions................................ 328, 367
HB 1271-- HOPE scholarships; eligibility; entering freshmen ............................. 328, 367
HB 1272-- Lottery; online ticket sales; establish Georgia Peach Account..................................................................................... 328, 367, 1320, 1555
HB 1273-- Jury duty; exemptions; certain caregivers and elderly ........................ 329, 367
HB 1274-- Drivers' licenses; suspension; certain time period............. 329, 367, 861, 2004
HB 1275-- Governor; appointment of agency heads; qualifications ..................... 329, 367
HB 1276-- Public accommodations; access by motorcycle patrons...................... 329, 367
HB 1277-- Water resources; irrigation systems; certain shut-off switch ................................................................................ 330, 367, 768, 1366, 1376, 2663
HB 1278-- Workers' compensation; certain claimants; appointment of guardian; settlements ...................................................... 330, 367, 463, 907, 3489
HB 1279-- State Structural Pest Control Commission; amend provisions............................................................................................. 330, 367
HB 1280-- Coroners and deputy coroners; compensation........................... 331, 367, 1320
HB 1281-- State agencies; contracts for services; prohibit outside U.S. ........................................................................................... 331, 367, 1243, 2350
HB 1282-- Taxes; tobacco products; licensure, definitions, penalties .............................................................................. 331, 367, 427, 826, 1210, 3489
HB 1283-- Excise tax; motor vehicle rentals; gradual elimination ....................... 332, 367
HB 1284-- Waste management; disposal facilities; comply with local ordinances ................................................................................... 332, 367
HB 1285-- Crimes; opening certain accounts using minor's social security number; define offense......................................... 333, 367, 842, 1578
HB 1286-- Prestige and special license plates; prohibit new types ............. 333, 367, 1795
HB 1287-- Motor vehicles; red or blue lights; restrictions; exemptions ......................................................................... 333, 367, 826, 1429
HB 1288-- Bright From The Start: Georgia's Office of Early Care and Education; create........................................................................... 334, 367
HB 1289-- Game and fish; licenses; hunting deer with dogs ................................ 334, 367

INDEX

4525

HB 1290-- Private schools; prayer at athletic events; public school participation ......................................................................................... 334, 367
HB 1291-- Cobb County; state court judges and associate judges; compensation ...................................................................... 335, 367, 465, 467, 2811
HB 1292-- Georgia Peace Officer Standards and Training Council; change membership ............................................................................. 335, 367
HB 1293-- DUI; chemical testing requests; hospitals receiving state funds..................................................................................................... 360, 415
HB 1294-- All terrain vehicles; restrictions, violations, penalties; change certain provisions .......................................................... 360, 415, 1795
HB 1295-- State Public Transportation Fund; priority of expenditures and allocation of funds ................................ 360, 415, 827, 1080, 1095
HB 1296-- State income tax; exempt military income .......................................... 361, 415
HB 1297-- Indemnification; government employed firefighters; rebuttable presumption ............................................................. 361, 415, 1551, 1791
HB 1298-- Protection of Children Act of 2004; enact........................................... 361, 415
HB 1299-- Juvenile justice reform; training programs; pretrial proceedings; indictment..................................................... 361, 415, 825, 1269
HB 1300-- Utility contractors and systems; definitions; licensing and certification requirements; safety training ................. 362, 415, 767, 1267, 3477, 3642
HB 1301-- Deposit account fraud; change definition .................................. 362, 415, 1152
HB 1302-- Small Business Employee Choice of Benefits Health Insurance Plan Act; enact .......................................................... 362, 415, 1441
HB 1303-- Perfection of hospital, nursing home, physician practice, and traumatic burn care medical practice liens; causes of action liens; change certain provisions ............... 363, 415, 825, 885, 3381, 3576
HB 1304-- Timely payments for goods and services; local governments and boards of education; failing to comply......... 363, 415, 1103, 1785
HB 1305-- Joint county and municipal sales and use tax; special districts; referendum .................................................................... 364, 415, 417
HB 1306-- Special county sales tax; issuance of general obligation debt; use of proceeds; amend....................................................... 364, 415, 417
HB 1307-- Special license plates; Purple Heart; motorcycles ............................... 365, 415
HB 1308-- Civil offices; high school diploma required; provide.......................... 365, 415
HB 1309-- Revenue; temporary income tax exemption; database of special driver's license issuance........................................................... 365, 415

4526

INDEX

HB 1310-- Georgia Academic Placement and Promotion Policy; amend certain provisions ................................................... 366, 415, 841, 1098
HB 1311-- Real estate closings; unfair trade practice; licensee conducting closing; remove provision................................ 405, 457, 462, 777, 3489
HB 1312-- Roswell, City of; mayor pro tempore; election .................. 406, 457, 696, 697, 3103
HB 1313-- Building permits; certain recipients; continuing education.............................................................................................. 406, 457
HB 1314-- Guardians of incapacitated adults; amend provisions ......................... 406, 457
HB 1315-- Special license plates; purchased by mail; change fee ........................ 407, 457
HB 1316-- Muscogee County; school superintendent; public works construction contracts ......................................................... 407, 457, 664, 665, 2950
HB 1317-- MARTA; eligible to use certain funds; repeal prohibition............................................................................................ 407, 457
HB 1318-- Indigent defense; Public Defender Standards Council; members.................................................................................... 408, 457, 1708, 2034
HB 1319-- Income tax refunds; set off debt collection; political subdivisions ......................................................................................... 408, 458
HB 1320-- State employees' health insurance; fiscal condition; annual reports....................................................................... 408, 458, 461, 949
HB 1321-- Annexation; certain counties; repeal provisions....................... 408, 458, 1103, 1352, 3655
HB 1322-- Child placement; adoption petition; time limit requirement ....................................................................... 409, 458, 825, 2161, 3489
HB 1323-- Juries; service provisions; Jury Patriotism Act.................................... 409, 458
HB 1324-- Reckless conduct; railroad employee injured on job; medical treatment................................................................................. 410, 458
HB 1325-- HOPE scholarships; eligibility; amend provisions ................... 410, 458, 1707, 1979, 3443, 3459, 3493, 3568, 3587, 3807, 4077
HB 1326-- State government; privatization contracts; revise provisions.................................................................................. 410, 458, 1243, 1359
HB 1327-- Motor vehicles; racial profiling; prohibit ................................. 411, 458, 1242, 1796
HB 1328-- Electric or gas utility rate hearings; ex parte communication; penalties .................................................................... 411, 458

INDEX

4527

HB 1329-- Crimes against minors; criminal negligence, cruelty, serious injury; redefine ................................................................ 411, 457, 459
HB 1330-- Task Force to Review State and Federal Health Insurance Mandates; create.................................................................. 412, 457
HB 1331-- Courts; mandatory sealing of records; certain circumstances..................................................................... 412, 457, 767, 1046
HB 1332-- Sales tax exemption; certain symphony halls...................................... 413, 457
HB 1333-- Drivers' licenses; mailing address other than residence .............. 413, 457, 768
HB 1334-- Child Highway Safety Act; amend provisions .................................... 413, 457
HB 1335-- Sentence reduction; review panel; memorandum of decision ..................................................................................... 414, 457, 1320, 1788, 3444, 3620, 3751, 3788, 3831
HB 1336-- Secure and Verifiable Identity Document Act; enact .......................... 446, 661
HB 1337-- Expert testimony; professional malpractice actions; provisions............................................................................................. 446, 661
HB 1338-- Torts; damages; joint trespassers ......................................................... 446, 661
HB 1339-- Torts; certain emergency health care; limited liability ........................ 446, 661
HB 1340-- Torts; damages; attorney's fees............................................................ 447, 661
HB 1341-- Civil actions; plaintiff's voluntary dismissal; written notice.................................................................................................... 447, 661
HB 1342-- Torts; damages; collateral sources; definitions and provisions............................................................................................. 447, 661
HB 1343-- Torts; noneconomic damages; financial limitations ............................ 448, 661
HB 1344-- Ad valorem tax; bona fide conservation use property; expand preferential assessment............................................................ 448, 661
HB 1345-- River Basin Protection Act of 2004; enact .......................................... 448, 661
HB 1346-- Community Health, Department of; rebates on pharmaceuticals; annual report ............................................................ 449, 661
HB 1347-- Child welfare agencies; recall notices on unsafe products; provide; certain records checks; amend provisions.................................................................................. 449, 661, 1052, 1167, 2605, 3188
HB 1348-- Insurers; food or refreshments at seminars; provisions ............ 449, 661, 1229, 1425, 3655
HB 1349-- Illegal aliens; certain crimes; immigration laws; enforcement ......................................................................................... 450, 661
HB 1350-- Macon County; education districts; reapportion ................. 450, 661, 696, 697
HB 1351-- Macon County; commissioner districts; reapportion........... 450, 661, 696, 697
HB 1352-- Utility facilities protection; excavating and blasting; amend provisions ............................................................... 450, 661, 826, 1255

4528

INDEX

HB 1353-- Omega, City of; new charter............................................... 451, 661, 696, 698, 2811
HB 1354-- Public service corporations or utilities; increase certain fees ............................................................................................ 451, 661, 1053, 1560
HB 1355-- Flint Judicial Circuit; add judge ................................................ 451, 661, 1380
HB 1356-- Public Service Commission; administrative fees; collection.............................................................................................. 452, 661
HB 1357-- State and local governments; telephone call centers outside U.S.; prohibition...................................................................... 452, 661
HB 1358-- Public records disclosure; minors; redact identifying information.......................................................................... 452, 661, 662, 966, 1209, 2609
HB 1359-- Barbers; apprentices; supervision ..................................... 453, 661, 767, 1085, 3494, 3536, 3616, 3788, 3832
HB 1360-- Electronic communications systems; subpoenas and warrants; provisions............................................................................. 453, 661
HB 1361-- Children's Vision Improvement and Learning Readiness Act of 2004; enact................................................................................ 453, 661
HB 1362-- Lifetime sportsman's licenses; certain nonresidents; provisions.................................................................................. 454, 661, 1242, 1413, 3655
HB 1363-- Decatur County; board of elections and registration; create ................................................................................... 454, 661, 696, 698, 2663
HB 1364-- Putnam County; homestead exemption; certain residents .................................................................................... 454, 661, 1153, 1154, 3103
HB 1365-- Putnam County; homestead exemption; education; base year assessment......................................................................... 454, 661, 1153, 1154, 3103
HB 1366-- Putnam County; homestead exemption; education; certain residents ........................................................................ 455, 661, 1153, 1155, 3103
HB 1367-- Putnam County; homestead exemption; base year assessment................................................................................. 455, 661, 1153, 1155, 2950
HB 1368-- Colleges; certain bookstores; textbooks; maximum price ..................................................................................................... 455, 661
HB 1369-- HOPE scholarships; eligibility; academic performance review................................................................................................... 456, 661

INDEX

4529

HB 1370-- Emanuel County; board of elections and registration; create ................................................................................... 456, 661, 696, 698, 2811
HB 1371-- State-wide probation system; terms and conditions; risk-reducing programs ........................................................................ 648, 693
HB 1372-- Probate courts; certain judges; salary increases........................ 648, 693, 1467, 1770
HB 1373-- Pataula Judicial Circuit; change certain terms of court ............ 648, 693, 1229, 1312
HB 1374-- Income tax credit; teleworking; provisions ......................................... 649, 693
HB 1375-- Snellville, City of; city manager; provisions ...................... 649, 693, 732, 733, 1123
HB 1376-- State health planning and development; health care facilities; amend provisions ................................................................. 649, 693
HB 1377-- Special license plates; organ and tissue donation organizations.............................................................................. 649, 693, 1722
HB 1378-- Dispossessory proceedings; certain property deemed abandoned ............................................................................................ 650, 693
HB 1379-- Industrial Hygiene Title Protection Act; enact ......................... 650, 693, 1320, 1552
HB 1380-- Assault Weapons Protection Act; enact............................................... 650, 694
HB 1381-- Long-term care facilities; redefine abuse ............................................ 651, 694
HB 1382-- Shore Protection and Coastal Marshland Protection Committees; change membership; quorum .............................. 651, 694, 1074, 1171, 2609
HB 1383-- Special license plates; Georgia Association of Realtors ........... 651, 694, 1242
HB 1384-- Income tax credits; individual development accounts; comprehensive regulation ......................................................... 652, 694, 1726, 2149
HB 1385-- Mortgage loan officers; definitions and provisions ............................. 652, 694
HB 1386-- Sales tax exemption; certain symphony halls...................................... 652, 694
HB 1387-- Attorney's fees or litigation expenses; certain cases; amend provisions ................................................................................. 653, 694
HB 1388-- Weapons; school discipline policies; petition juvenile courts.................................................................................................... 653, 694
HB 1389-- Crimes; improvements to real property; certain contract offenses ................................................................................................ 654, 694
HB 1390-- Veterans' homes; executive directors; appointment ................. 654, 694, 1121, 1203
HB 1391-- Tax collectors and tax commissioners; creditable training .............................................................................. 654, 694, 953, 1081, 2663

4530

INDEX

HB 1392-- Fines and forfeitures; technology fees and boards; certain judicial circuits............................................................... 655, 694, 1320
HB 1393-- Tax executions; prohibit sales ............................................................. 655, 694
HB 1394-- Athletic trainers; licensing; exceptions..................................... 655, 693, 1320, 1601, 2664
HB 1395-- Electronic Recording of Defendant's Statement Act; enact ..................................................................................................... 656, 693
HB 1396-- Torts; certain hospital emergency room physicians; liability ....................................................................................... 656, 693, 1339
HB 1397-- Evidence; opinions of certain expert witnesses admissible ............................................................................................ 656, 693
HB 1398-- Evidence; expert testimony; standards for admitting .......................... 657, 693
HB 1399-- Medical malpractice civil actions; depositions and discovery; expert opinions ......................................................... 657, 693, 1339
HB 1400-- Frivolous Litigation Prevention Act; enact................................ 657, 693, 1339
HB 1401-- Income tax credit; rural physicians; medical malpractice insurance premiums ............................................................................. 658, 693
HB 1402-- Medical malpractice insurers; rate filings; certain hearings................................................................................................ 658, 693
HB 1403-- Insurance; retention of excess loss reserves; prohibition .................... 658, 694
HB 1404-- Hotel-motel tax; create review board; amend certain provisions............................................................................................. 658, 694
HB 1405-- Income tax; corporations; allocation and apportionment formulas ............................................................................................... 659, 694
HB 1406-- Education; core curriculum; conform to national standards ................................................................................... 685, 724, 1465, 1859
HB 1407-- Education, State Board; course credit transfers; end-ofcourse assessments............................................................................... 685, 724
HB 1408-- Sewage holding tanks; commercial waste; regulation.............. 685, 724, 1294, 1568
HB 1409-- Sales tax exemption; ice; processing and storing poultry and vegetables................................................................... 686, 724, 769, 1044, 3656
HB 1410-- Income tax; exempt certain organ donation expenses ...... 686, 724, 725, 1442, 1803, 2664
HB 1411-- State and local governments; official documents and forms; English only...................................................................... 687, 724, 725
HB 1412-- Sales tax exemption; certain school clothes, supplies, computer items; limited time ....................................................... 687, 724, 726
HB 1413-- Motor fuel tax and sales tax; dealers and distributors; amend certain provisions ..................................................................... 688, 724

INDEX

4531

HB 1414-- Special county 1% sales tax; annual publication of audit......... 689, 724, 1726, 2226, 3676, 3778, 3832, 3906
HB 1415-- Hotel-motel tax; create review board; amend certain provisions............................................................................ 689, 724, 728, 769, 943, 2639
HB 1416-- Bona fide conservation use property; include wildlife habitat and production .............................................................. 690, 724, 1230, 1701, 3479, 3652
HB 1417-- Public assistance; medical helicopter transportation; prohibit age discrimination .................................................................. 690, 724
HB 1418-- Juvenile proceedings; juvenile court jurisdiction; change age................................................................................. 690, 724, 1722, 2298
HB 1419-- Torts; certain hospital emergency room physicians; liability ................................................................................................. 691, 724
HB 1420-- Evidence; expert testimony; standards for admitting .......................... 691, 724
HB 1421-- Torts; damages; joint trespassers ................................................. 691, 724, 729
HB 1422-- Torts; noneconomic damages; financial limitations ............................ 692, 724
HB 1423-- Commercial Code; used motor vehicle dealers; certain warranties............................................................................................. 720, 765
HB 1424-- Computer systems; transmission of unsolicited bulk email; prohibit............................................................................. 720, 765, 1723, 2254
HB 1425-- Georgia Income Tax Lottery Act; enact .............................................. 720, 765
HB 1426-- School buildings; construction, demolition, or renovation; notify adjacent property owners ....................................... 721, 765
HB 1427-- Pharmacies; State Board powers; drug therapy certification ................................................................................ 721, 765, 1281
HB 1428-- Home study programs; qualifications of tutors ........................ 721, 765, 1465, 2282, 3098
HB 1429-- Nuisances; companion animal establishments; provisions................................................................................... 721, 765, 1052
HB 1430-- Natural gas marketers; bills; late fees....................................... 693, 724, 1053, 1249
HB 1431-- Executions; judgments; cancellation when satisfied ................ 722, 765, 1441, 1671, 3677
HB 1432-- Tax disputes; taxpayer information; prohibit disclosure ..................... 722, 765
HB 1433-- Employment security; alternative base period; part-time work benefits........................................................................................ 722, 765
HB 1434-- University System; required textbooks; use for six semesters .............................................................................................. 723, 765

4532

INDEX

HB 1435-- Income tax; corporations; allocation and apportionment formulas; comprehensive revision....................................................... 723, 765
HB 1436-- Special county 1% sales tax; extend time period ................................ 758, 840
HB 1437-- State and local tax revision; uniform sales and use tax administration ................................................................... 758, 840, 841, 1104, 1219, 2913
HB 1438-- State Depository Board; authorized deposits and investments .......................................................................................... 759, 840
HB 1439-- Catoosa County; superior court clerk; clerical allowance ............................................................................ 759, 840, 877, 878, 1732
HB 1440-- Catoosa County; tax commissioner; clerical allowance ..... 759, 840, 877, 879, 1732
HB 1441-- Controlled substances; trafficking in ecstacy; define offense....................................................................................... 760, 840, 1152, 1303, 2606, 3566
HB 1442-- Prescription drugs; receipts; include pharmacy cost ................. 760, 840, 1281
HB 1443-- Hospitals; nonresident indigent health care; payment; county's liability................................................................................... 760, 840
HB 1444-- Income tax; independent contractors; certain false declarations ............................................................................... 761, 840, 1442, 1787, 3489
HB 1445-- Occupation taxes; certain exemption; Department of Veterans Service ....................................................................... 761, 840, 1230, 1314
HB 1446-- Homestead exemption; certain veterans; maximum amount ...................................................................................... 761, 840, 1230, 1305, 3479, 3648
HB 1447-- License plates; free to certain veterans; departmental duties.......................................................................................... 761, 840, 1722
HB 1448-- Safe Kids Act; enact; develop curriculum ........................................... 762, 840
HB 1449-- Dudley, City of; corporate limits ........................................ 762, 840, 877, 879, 1399
HB 1450-- Judicial Emergency Act of 2004; enact .................................... 762, 840, 1380, 1656, 3490
HB 1451-- Premarital counseling; financial incentive; marriage licenses...................................................................................... 763, 840, 1380, 1975, 3213, 3753
HB 1452-- Child support; guidelines; basic obligation amounts........................... 763, 840
HB 1453-- House of Representatives; reapportion...................................... 820, 840, 1961
HB 1454-- General Assembly; reapportion ................................................. 820, 840, 1961

INDEX

4533

HB 1455-- Trials; continuance; certain judicial service in another court .......................................................................................... 830, 873, 1282, 1316
HB 1456-- Theft; certain offenses involving commercial vehicles; penalties; fines .......................................................................... 830, 873, 1320, 2368, 3490
HB 1457-- State purchasing; vendor requirements; contracts ............ 830, 873, 874, 1104, 1173, 2913
HB 1458-- Feticide; redefine; manslaughter, assault, battery; define unborn child ......................................................................................... 831, 873
HB 1459-- Sales and motor fuel taxes; dealers and distributors; amend provisions .............................................................. 832, 873, 874, 1104, 1248, 2664
HB 1460-- Income tax; exempt military income ........................................... 832, 873, 874
HB 1461-- Revenue, Department of; certain disclosure; taxpayer records............................................................................... 833, 873, 875, 1104, 1166, 2913
HB 1462-- Pharmacy Services Fee Act; enact....................................................... 833, 873
HB 1463-- Theft; certain fiduciaries; increased penalties ..................................... 834, 873
HB 1464-- Highways; outdoor advertising; certain restriction.............................. 834, 873
HB 1465-- Highways; transportation facilities; bicycles and passenger trains.................................................................................... 834, 873
HB 1466-- Assisted living facilities; designation; provisions ............................... 835, 873
HB 1467-- Buildings and housing; plumbing fixtures; water flow ....................... 835, 873
HB 1468-- Waste management; sewage permits; redesignate certain provisions................................................................................. 835, 873
HB 1469-- Counties; certain officers; nonpartisan elections................................. 836, 873
HB 1470-- Alcoholic beverage sales; certain uniform closing hours; prohibition....................................................................... 836, 873, 1102
HB 1471-- Alcoholic beverages; Sunday sales; amend provisions ............. 836, 873, 1102
HB 1472-- Civil practice and torts; substantial revision of provisions; health care ......................................................................... 837, 873
HB 1473-- Medicaid; medications for certain illnesses; prohibit restricting ............................................................................................. 837, 873
HB 1474-- Employment security; family violence; prohibit disqualification..................................................................................... 837, 873
HB 1475-- Controlled substances; conditional discharge; expand eligibility.............................................................................................. 838, 873
HB 1476-- Civil actions; codefendants in different counties; venue..................... 838, 873
HB 1477-- Amirah Joyce Aden Act; enact; offense of female genital mutilation ................................................................................. 865, 924

4534

INDEX

HB 1478-- Health maintenance organizations; mail-order pharmaceuticals; provisions................................................................. 865, 924
HB 1479-- Bankruptcy; exemptions from levy and sale; increase homestead exemption .................................................................. 865, 924, 925
HB 1480-- Schools; student leaving without permission; custody of peace officer......................................................................................... 866, 924
HB 1481-- Elections; voting precinct; boundaries; gated community ......................................................................... 866, 924, 926, 1074
HB 1482-- Uniform rules of the road; dangerous driving; duty of passenger.............................................................................................. 867, 924
HB 1483-- Economic Development and Public Safety Act; enact ........................ 867, 924
HB 1484-- Trial juries; civil cases; challenges for causes..................................... 867, 924
HB 1485-- Juvenile proceedings; court supervision fees; amend provisions............................................................................................. 868, 924
HB 1486-- Local governments; cross-jurisdictional authority; law enforcement officers ............................................................................ 868, 924
HB 1487-- Criminal procedure; certain serious violent offenses; mandatory punishments ....................................................................... 868, 924
HB 1488-- Crabs and crabbing; closure of saltwaters; amend provisions............................................................................................. 868, 924
HB 1489-- Bail; family violence offenses; clarify bond conditions........... 869, 924, 1442, 2308
HB 1490-- Juvenile proceedings; jurisdiction; minors under age 17 .......... 869, 924, 1722
HB 1491-- "Health Share" Volunteers in Medicine Act; enact ..................... 869, 924, 927
HB 1492-- "Health Share" Volunteers in Medicine Act; enact ............................. 870, 924
HB 1493-- Crimes; peeping Toms; expand description ........................................ 919, 965
HB 1494-- Walker County Rural Water and Sewer Authority; amend provisions ...................................................................... 919, 965, 1394, 1395, 2811
HB 1495-- Terrell County Airport Authority; name and membership; change ................................................................. 919, 965, 1075, 1076, 3104
HB 1496-- Contact lenses; selling and dispensing; amend provisions.................................................................................. 919, 965, 1281, 1554
HB 1497-- Motor vehicle insurance; determination of liability; timely contact....................................................................................... 920, 965
HB 1498-- Charlton County; state court; create ......................................... 920, 965, 1075, 1076, 2811
HB 1499-- Motor vehicle insurance; advance payment requirements.............................................................................. 920, 965, 1609, 2011, 2664

INDEX

4535

HB 1500-- Medicaid; medications for certain disorders; prohibit restricting ............................................................................................. 920, 965
HB 1501-- Divorce case filing fee; increase amount; exception ........................... 921, 965
HB 1502-- Sales tax exemption; gas producing electricity; in-state use ........................................................................................................ 921, 965
HB 1503-- Tax sales; notice period; redemption amount...................................... 921, 965
HB 1504-- Sales tax exemption; certain school supplies and dormitory items; limited time ...................................................... 922, 965, 966
HB 1505-- Dispossessory proceedings; answer to summons; payment of filing fee.......................................................................... 956, 1068
HB 1506-- Income tax refunds; setoff debt collection; political subdivisions ....................................................................................... 956, 1068
HB 1507-- Seed-Capital Fund; comprehensive revision of provisions................................................................................ 956, 1068, 1093, 1281, 1416, 2664
HB 1508-- Medical malpractice review panels; create........................................ 957, 1068
HB 1509-- Motor vehicle insurance; issuance, renewal, termination; amend certain provisions............................................... 957, 1068
HB 1510-- Redevelopment; tax allocation districts; amend certain provisions................................................................................ 957, 1068, 1442, 2156
HB 1511-- Sales tax exemption; certain symphony halls......................... 958, 1068, 1069, 1442, 1655, 2665
HB 1512-- Chiropractors; board of examiners; additional authority........ 958, 1068, 1466, 1755, 3677
HB 1513-- Special purpose 1 percent sales tax; proceeds; publish uses........................................................................................... 959, 1068, 1069
HB 1514-- Natural gas services; rate-making method; provisions...................... 959, 1068
HB 1515-- Income tax credits; certain counties; wireless telecommunications carrier................................................................ 959, 1068
HB 1516-- Income tax credits; certain counties; wireless telecommunications carrier................................................................ 960, 1068
HB 1517-- Treasury and Fiscal Services, Office of; investments; change provisions .................................................................... 960, 1068, 1979
HB 1518-- Emergency "9-1-1" system; interoperable communications; wireline and wireless............................................. 960, 1068
HB 1519-- Common-sense Consumption Act; enact................................ 961, 1068, 1070, 1281, 1358, 2610
HB 1520-- Tax sales; notice period; redemption amount......................... 961, 1068, 1071, 1710, 1858
HB 1521-- "Health Share" Volunteers in Medicine Act; enact ........................... 962, 1068

4536

INDEX

HB 1522-- "Health Share" Volunteers in Medicine Act; enact ................ 962, 1068, 1071, 1196
HB 1523-- Income tax credits; certain motion picture production investments .............................................................................. 963, 1068, 1073
HB 1524-- Hotel-motel tax; consolidated governments; amend provisions......................................................................................... 1056, 1113
HB 1525-- Hotel-motel tax; counties and municipalities; amend provisions......................................................................................... 1057, 1113
HB 1526-- Childhood vaccination registry; include all persons from birth to death ................................................................ 1057, 1113, 1466, 2281, 3098
HB 1527-- Enterprise zones; pervasive poverty area; job tax credits...... 1057, 1113, 1114
HB 1528-- Sales tax exemption; certain tangible personal property; certain corporate attractions.................................................. 1058, 1113, 1115, 1442, 1740, 3099
HB 1529-- Industry, Trade, and Tourism, Department of; change name...................................................................................... 1059, 1113, 1281, 1573, 2665
HB 1530-- Income tax credit; certain teachers and paraprofessionals ............................................................................. 1059, 1114
HB 1531-- Twiggs County; board of education; vacancies.................... 1059, 1114, 1153, 1155, 2665
HB 1532-- Bankruptcy; exemptions from levy and sale; increase homestead exemption ........................................................... 1060, 1114, 1116, 1722
HB 1533-- Hospitals and hospital authorities; uninsured patients; limit rates ......................................................................................... 1060, 1114
HB 1534-- Immunity; independent contractors; certain hospitals and health care providers ................................................................. 1060, 1114
HB 1535-- Student improvement; waiver of certain provisions; exceptions ........................................................................................ 1061, 1114
HB 1536-- Deferred compensation; special pay plan; terminal leave ....................................................................................... 1061, 1114, 1960
HB 1537-- Religious heritage; recognize; prepare documents; counties display...................................................................... 1048, 1068, 2081
HB 1538-- Henry County; homestead exemption; base year assessed value ....................................................................... 1061, 1114, 2650, 2652, 3104
HB 1539-- Quality basic education; local share funds; equalization grants; midterm adjustment .................................................. 1062, 1114, 1707, 2268
HB 1540-- Ad valorem tax; returns; rates; roll-back rates; assessment appeals........................................................................... 1062, 1114

INDEX

4537

HB 1541-- Income tax credit; qualified research expenses; redefine base amount ..................................................................................... 1062, 1113
HB 1542-- Georgia Massage Therapy Practice Act; enact...................... 1063, 1113, 1720
HB 1543-- Education property tax relief grants; provisions.................... 1063, 1113, 1118
HB 1544-- Education property tax relief grants; provisions.............................. 1063, 1113
HB 1545-- Local sales tax; limitation; special county 1 percent sales tax; water and sewer projects.................................................. 1064, 1113
HB 1546-- Local sales tax; limitation; special county 1 percent sales tax; water and sewer projects........................................ 1064, 1113, 1119
HB 1547-- Student Finance Authority; editorial changes; certain definitions ............................................................................. 1106, 1148, 1379, 2014, 3099
HB 1548-- Motor vehicle emissions inspections; exempt certain vehicles .................................................................................. 1106, 1148, 1723
HB 1549-- Special license plates; Rotary International; Girl Scouts U.S.A. ................................................................................... 1107, 1148, 1242, 1313, 2662, 3184
HB 1550-- Certified Professional Midwifery Act; enact................................... 1107, 1148
HB 1551-- Child abuse, sexual abuse or exploitation; failure to report; define offense ....................................................................... 1107, 1148
HB 1552-- Estates; administration; time for completion of duties .................... 1107, 1148
HB 1553-- Ad valorem tax; appeal procedures; certain military personnel................................................................................ 1108, 1148, 1149
HB 1554-- Child protective services workers; definition; provisions................ 1108, 1148
HB 1555-- State-wide Reserve Ratio; employer contribution rate; surcharge............................................................................... 1109, 1149, 1196, 1432, 3199, 3593, 3676, 3824
HB 1556-- Serious violent felonies; portion of sentence; work release status .......................................................................... 1109, 1149, 1151
HB 1557-- Municipal corporations; minimum distance requirement; repeal .......................................................................... 1110, 1149
HB 1558-- Hunting deer with dogs; permits; amend provisions ............ 1110, 1149, 1242, 2231
HB 1559-- Comprehensive planning and service delivery; local government; amend definition .............................................. 1110, 1148, 1468, 1793
HB 1560-- Drivers' licenses; application and information records; amend provisions ............................................................................. 1111, 1148
HB 1561-- Local victim assistance programs; funding; amend provisions.............................................................................. 1111, 1148, 1813, 2377

4538

INDEX

HB 1562-- Local victim assistance programs; funding; additional penalty.............................................................................................. 1111, 1148
HB 1563-- Regional development centers; acquisition of property; lease-purchase........................................................................ 1112, 1148, 1180
HB 1564-- House districts; reapportion ............................................................. 1112, 1148
HB 1565-- Municipal corporations; lease property to nonprofit corporations; recreation ........................................................ 1112, 1148, 1375, 1725, 2373, 3490
HB 1566-- Vital records; birth certificates; unwed mothers; identify fathers ................................................................................. 1142, 1192
HB 1567-- Private probation services; local governments; agreements ............................................................................ 1142, 1192, 1725, 2104
HB 1568-- Community service boards; retirees; prohibit reemployment; exception......................................................... 1142, 1192, 1724, 2306, 3676, 3792, 3832
HB 1569-- Rockmart, City of; new charter ............................................ 1143, 1192, 1243, 1244, 2810, 3121
HB 1570-- School bus monitors; provisions...................................................... 1143, 1192
HB 1571-- Nicholson Water Authority; membership; compensation..... 1143, 1192, 1243, 1245, 2812
HB 1572-- Dillard, City of; corporate limits .......................................... 1143, 1192, 1243, 1245, 2665
HB 1573-- Hospitals with managed care plan; limit rates of uninsured................................................................................ 1143, 1192, 1960
HB 1574-- Law enforcement officer or fire fighter; claims for temporary disability ............................................................... 1144, 1192, 1721
HB 1575-- Local authorities; sale or disposition of real property ..................... 1144, 1192
HB 1576-- Torts; free health clinics; limit liability ................................. 1144, 1192, 1195
HB 1577-- Special license plates; Benevolent and Protective Order of Elks .................................................................................... 1145, 1192, 1722
HB 1578-- Local sales tax; special county 1 percent sales tax; water and sewer projects........................................................ 1145, 1192, 1193
HB 1579-- Subsequent Injury Trust Fund; dissolution provisions ......... 1146, 1192, 1721, 2347, 3490
HB 1580-- Foster Parents Bill of Rights; enact ...................................... 1146, 1192, 1280, 2311, 2914
HB 1581-- Health; advisory committee on hearing in newborn infants; continuation .............................................................. 1146, 1192, 1194

INDEX

4539

HB 1582-- Public funds; certain write-offs; Department of Technical and Adult Education ............................................ 1147, 1192, 1379, 1603, 3677
HB 1583-- Unemployment compensation; eligibility; domestic violence............................................................................................ 1147, 1192
HB 1584-- HOPE scholarships; ineligibility; drug-free provisions................... 1148, 1192
HB 1585-- Cobb County; chief magistrate; compensation..................... 1184, 1239, 1294, 1295, 2812
HB 1586-- Hunting and fishing; lifetime honorary licenses; certain military veterans .............................................................................. 1184, 1239
HB 1587-- Driving under the influence of marijuana; prohibition; remove exception............................................................................. 1184, 1239
HB 1588-- Special license plates; General Assembly; change certain provisions.................................................................. 1148, 1192, 1242, 1353
HB 1589-- Clayton County; consolidate police force under office of sheriff................................................................................ 1184, 1239, 1294, 1298
HB 1590-- Cedartown, City of; corporate limits .................................... 1185, 1239, 1294, 1296, 2950
HB 1591-- Cobb Judicial Circuit; judges; supplement ........................... 1185, 1239, 1294, 1296, 2950
HB 1592-- Cobb County; tax commissioner; employees' compensation ........................................................................ 1185, 1239, 1294, 1296, 2950
HB 1593-- Public high schools; establish uniform grading system................... 1185, 1239
HB 1594-- Open records; exemption; certain personal information ................. 1186, 1239
HB 1595-- Civil cases; required forms for filing complaints or judgments............................................................................... 1186, 1239, 1339
HB 1596-- Malpractice insurance; cancellation/increase in premiums; agent restrictions.................................................. 1186, 1239, 1441
HB 1597-- Abortion; minors; identification requirements ................................ 1187, 1239
HB 1598-- Business and occupation tax; certain construction permits; mail or electronic means......................................... 1187, 1239, 1320, 1684, 3491
HB 1599-- State service delivery regions; change regions 7 and 12 ...... 1188, 1239, 1306, 1428, 3183
HB 1600-- Probation; increase supervision fees; fees for transferal ................. 1188, 1239
HB 1601-- Ware County; probate judge; nonpartisan elections............. 1188, 1239, 1294, 1296, 2951

4540

INDEX

HB 1602-- Ware County; state court solicitor-general and judge; compensation ........................................................................ 1188, 1239, 1294, 1297, 2951
HB 1603-- Hancock County; homestead exemption; certain residents ................................................................................ 1189, 1239, 1294, 1297, 2951
HB 1604-- Remerton, City of; new charter ............................................ 1232, 1290, 1340, 1342, 2951
HB 1605-- Overpaid taxes; refunds by counties or municipalities; time to file claim .................................................................... 1232, 1290, 1291
HB 1606-- Hall County; homestead exemption; certain survivors......... 1232, 1290, 1340, 1342, 3104
HB 1607-- Education loans; repayment assistance; public interest lawyers ............................................................................................. 1233, 1290
HB 1608-- Hunting and fishing; honorary licenses; disability certification ........................................................................... 1233, 1290, 1465, 2013
HB 1609-- State and local governments; Ten Commandments display; authorize................................................................... 1233, 1290, 2081
HB 1610-- Cobb County-Marietta Water Authority; immunity; amend provisions .................................................................. 1234, 1291, 1340, 1342
HB 1611-- Marion County; commissioner districts; reapportion ........... 1234, 1291, 1635, 1636, 2951
HB 1612-- Local sales tax; special county 1 percent sales tax; water and sewer projects....................................................... 1190, 1239, 1240, 1442, 1686
HB 1613-- School councils; option to include two student members................ 1234, 1291
HB 1614-- Academic Placement and Promotion Policy; amend certain provisions................................................................... 1190, 1239, 1240
HB 1615-- Surface and ground water; interbasin and intrabasin transfers; regulate.................................................................. 1191, 1239, 1294, 1757
HB 1616-- General Assembly; 2004 Biennial Institute; change location............................................................................................. 1191, 1239
HB 1617-- Notaries public; amend provisions; superior court fees ....... 1234, 1291, 1633, 2119
HB 1618-- Torts; health care services; noneconomic damages......................... 1235, 1291
HB 1619-- Candler County; probate judge; nonpartisan elections......... 1235, 1291, 1725, 1727, 2951
HB 1620-- Public property; restrooms; standards .................................. 1209, 1239, 1306, 2404

INDEX

4541

HB 1621-- Elbert County; form of government; advisory referendum ............................................................................ 1235, 1290, 1340, 1343, 2952
HB 1622-- DeKalb County; recorder's court judge; change terms......... 1236, 1290, 1340, 1344, 2952
HB 1623-- Captive insurance companies; workers' compensation contracts; amend provisions .................................................. 1236, 1290, 1609
HB 1624-- Local governments; land use regulations; housing resources ................................................................................ 1236, 1290, 1468
HB 1625-- Cable television systems; underground cable; installation requirement ................................................................... 1237, 1290
HB 1626-- Interscholastic or intramural extracurricular athletic policy; provisions.................................................................. 1237, 1290, 1795, 2343
HB 1627-- Health; advisory committee on hearing in newborn infants; continuation ........................................................................ 1237, 1291
HB 1628-- State symbols; blueberry; designate as official state berry ....................................................................................... 1238, 1291, 1292
HB 1629-- Terrell County; education districts; reapportion................... 1284, 1337, 1394, 1395, 2952
HB 1630-- Preston, City of; new charter ................................................ 1285, 1337, 1394, 1396, 2952
HB 1631-- Adoption and child custody proceedings; 90-day time limit for court decision..................................................................... 1285, 1337
HB 1632-- Juvenile proceedings; certain conviction; termination of parental rights ....................................................................... 1285, 1337, 1708, 2431, 3200, 3372, 3492
HB 1633-- State and local governments; Ten Commandments display; authorize............................................................................. 1286, 1337
HB 1634-- State and local governments; employment of illegal aliens; prohibit ................................................................................. 1286, 1337
HB 1635-- Education; Adequate Yearly Progress Reports; review; appeals ............................................................................................. 1286, 1337
HB 1636-- Education; high-performing schools; exemptions from certain requirements......................................................................... 1287, 1337
HB 1637-- Seat belts; passenger vehicles; eliminate certain exceptions ........................................................................................ 1287, 1337
HB 1638-- Open meetings and records; exemption; Georgia Sports Hall of Fame Authority.................................................................... 1287, 1337
HB 1639-- Redevelopment; tax allocation districts; amend certain provisions............................................................................... 1288, 1337, 1979
HB 1640-- Developmental Highway System; add highway.............................. 1288, 1337

4542

INDEX

HB 1641-- Incorporation of municipalities; minimum distance; amend provisions ............................................................................. 1330, 1393
HB 1642-- Sales tax exemption; liquidation of estate of deceased person............................................................................................... 1331, 1393
HB 1643-- Municipalities; private trespass towing; license fees....................... 1331, 1393
HB 1644-- Public roads; design-build contracts; definitions and provisions......................................................................................... 1331, 1393
HB 1645-- Cemeteries; removal of isolated abandoned burial plots; provisions......................................................................................... 1332, 1393
HB 1646-- Eminent domain; municipal corporations; transfer interest in property ........................................................................... 1332, 1393
HB 1647-- Deeds conveying title; recordation; additional requirements..................................................................................... 1332, 1393
HB 1648-- State Bar; jury trial before disbarment; repeal option ..................... 1333, 1393
HB 1649-- Professional malpractice actions; expert testimony and opinions; standards .......................................................................... 1333, 1393
HB 1650-- Cobb County; state court; add judges................................... 1290, 1337, 1394, 1396, 3104
HB 1651-- Harvest-hunt preserves; authorize and regulate............................... 1310, 1337
HB 1652-- Metropolitan Commission on Homelessness; create............ 1310, 1337, 1725, 1728, 2810, 3044, 3072, 3213, 3494
HB 1653-- Georgia Commission on the Hard of Hearing; create .......... 1311, 1337, 1721, 2328
HB 1654-- Monuments honoring military personnel; protection ...................... 1333, 1393
HB 1655-- Clean fuel use; state and local governments; public schools; provisions........................................................................... 1333, 1393
HB 1656-- Ad valorem tax; motor vehicles; exempt Medal of Honor recipients.................................................................... 1327, 1337, 1979, 2304
HB 1657-- Juries; peremptory challenges; equal number of strikes.................. 1334, 1393
HB 1658-- Cobb County; board of commissioners; compensation........ 1334, 1393, 1468, 1470
HB 1659-- Cobb County, deputy clerk of superior court; compensation ........................................................................ 1335, 1393, 1468, 1471, 3104
HB 1660-- Clayton County; state court; impose technology fee............ 1335, 1393, 1468, 1471, 2812
HB 1661-- Lowndes County Public Facilities Authority; create............ 1335, 1393, 2082, 2084, 2952

INDEX

4543

HB 1662-- Smyrna, City of; homestead exemption; certain residents ................................................................................ 1383, 1457, 1635, 1642, 2952
HB 1663-- Odum, City of; certain committees and chairs; mayoral voting .................................................................................... 1383, 1457, 1635, 1642, 2952
HB 1664-- Fannin County; magistrate court; county law library fees ........................................................................................ 1383, 1457, 1635, 1643, 2953
HB 1665-- Intangible tax; property in more than one county; prorated payment ............................................................................. 1383, 1457
HB 1666-- Murray County; homestead exemption ................................ 1384, 1457, 1828, 1829, 2953
HB 1667-- Murray County; homestead exemption ................................ 1384, 1457, 1828, 1829, 2953
HB 1668-- White County; water and sewerage authority; membership provisions ......................................................... 1384, 1457, 1635, 1643, 2953
HB 1669-- Agricultural commodities promotion; assessments; amend certain provisions ....................................................... 1385, 1457, 2081
HB 1670-- Smoking in public places; prohibitions; certain exceptions ........................................................................................ 1385, 1457
HB 1671-- Natural gas; universal service fund; extending services.................. 1385, 1457
HB 1672-- Architects and interior designers; education, research, and recovery fund; establish ............................................................ 1386, 1457
HB 1673-- Sexual offender registry; certain defendants; registration requirements ....................................................... 1386, 1457, 1779
HB 1674-- Torts; free health clinics; limit liability ................................ 1386, 1457, 1458, 1551
HB 1675-- Gainesville, City of; board of education; elections .............. 1387, 1457, 1635, 1643, 3105
HB 1676-- Haralson County School Building Authority; create............ 1387, 1457, 1635, 1643, 2665
HB 1677-- Education; kindergarten attendance requirement ............................ 1375, 1393
HB 1678-- Juries; peremptory challenges; equal number of strikes........ 1387, 1457, 1459
HB 1679-- Health; advisory committee on hearing in newborn infants; continuation .............................................................. 1388, 1457, 1460
HB 1680-- Elbert County; tax commissioner; compensation ................. 1389, 1457, 1635, 1644, 2666
HB 1681-- Washington, City of; amend provisions ............................... 1389, 1457, 1635, 1644, 2812

4544

INDEX

HB 1682-- Elbert County; probate judge and superior court clerk; salary ..................................................................................... 1389, 1457, 1635, 1644, 2666
HB 1683-- Elbert County; sheriff; compensation................................... 1389, 1457, 1635, 1644, 2666
HB 1684-- Perry-Houston County Airport Authority; membership....... 1390, 1457, 1635, 1645, 2812
HB 1685-- Troup County; state court; solicitor-general......................... 1390, 1457, 1635, 1645, 2810, 3058, 3589
HB 1686-- Income tax; repeal; prohibit levy and collection ............................. 1390, 1457
HB 1687-- Drivers' licenses; certain records; furnish to Georgia Bureau of Investigation.................................................................... 1446, 1624
HB 1688-- Lavonia, City of; corporate limits......................................... 1446, 1624, 1725, 1729, 2812
HB 1689-- HOPE scholarships; loss of eligibility; certain freshmen ................ 1446, 1624
HB 1690-- Public transportation; certain offenses; local jurisdiction................ 1446, 1624
HB 1691-- State agencies, etc.; 5% short fall; report in writing to Budgetary Responsibility Oversight Committee ................... 1447, 1624, 1707
HB 1692-- Karon's Law; enact; repository; donated prescription drugs................................................................................................. 1447, 1624
HB 1693-- Pickens County; magistrate court; county law library fees ........................................................................................ 1447, 1624, 1725, 1729, 2953
HB 1694-- Pickens County; land use ordinance; advisory referendum ............................................................................ 1447, 1624, 1725, 1729, 2813
HB 1695-- Gilmer County; magistrate court; county law library fees ........................................................................................ 1448, 1624, 1725, 1730, 2813
HB 1696-- Administrative Services, Department of; multiyear contracts; real property .................................................................... 1448, 1624
HB 1697-- Water pollution control and surface-water use; permits; fees ................................................................................................... 1448, 1624
HB 1698-- Education; certain personnel; continuing education online .................................................................................... 1439, 1457, 1465, 1774, 3491
HB 1699-- Gwinnett County; homestead exemption; certain residents ................................................................................ 1439, 1457, 1635, 1645
HB 1700-- Bibb County; board of education; school tax provisions ..... 1440, 1457, 1635, 1646, 2813

INDEX

4545

HB 1701-- Speech-language pathologists and audiologists; advisory committee on hearing in newborns ......................... 1449, 1624, 1721
HB 1702-- Pardons and paroles; board employees; police powers ........ 1449, 1624, 1725, 2284, 3491
HB 1703-- Hunting; primitive weapons; amend muzzleloading firearm provisions ............................................................................ 1449, 1624
HB 1704-- State program of health services; fiscal condition; annual reports........................................................................ 1449, 1624, 1721, 2241
HB 1705-- Lyerly, City of; homestead exemption; certain residents ..... 1450, 1624, 1828, 1830, 2813
HB 1706-- Volunteers in health care, dentistry, and medicine; revise provisions .................................................................... 1450, 1624, 1721
HB 1707-- Business Equity Act of 2004; provisions......................................... 1450, 1624
HB 1708-- State agencies; furloughs or reduction in force; prohibit hiring; exceptions.................................................................. 1451, 1624, 1721, 2339
HB 1709-- Nursing homes; influenza and pneumococcal vaccinations; offer patients annually .................................... 1451, 1624, 1721, 2225, 3478, 3590
HB 1710-- Ad valorem tax; appeals procedures; military service.......... 1451, 1624, 1625, 1710
HB 1711-- Torts; free health clinics; limit liability ................................. 1452, 1624, 1625
HB 1712-- Civil practice, evidentiary matters, and liability in tort actions; comprehensive revision of provisions...................... 1452, 1624, 1626
HB 1713-- Deferred Presentment Services Act; enact ...................................... 1453, 1624
HB 1714-- Service delivery; funding; comprehensive provisions.......... 1453, 1624, 1627, 1710, 2003
HB 1715-- Western Area Regional Radio System Authority; create ..... 1454, 1624, 1828, 1866, 2810, 3204, 3589
HB 1716-- Barrow County; board of elections and registration; create ..................................................................................... 1612, 1718, 1828, 1830, 2948, 3159
HB 1717-- Chatham County; board of elections; numbered posts .................... 1612, 1718
HB 1718-- Effingham Family Connection Commission; membership provisions ......................................................... 1612, 1718, 1828, 1830, 2953
HB 1719-- Glascock County; board of education; revise districts ......... 1612, 1718, 1828, 1830, 2813

4546

INDEX

HB 1720-- Ambulance services; reimbursement for Medicaid recipients and indigents ........................................................ 1456, 1624, 1707, 1844
HB 1721-- Ware County; board of elections; create .............................. 1613, 1718, 1828, 1831, 2813
HB 1722-- Commercial crabbing; certain violations; punishments .................. 1613, 1718
HB 1723-- Local boards of education; child abuse, neglect, and abduction; develop prevention program .......................................... 1613, 1718
HB 1724-- Thunderbolt, City of; homestead exemption; unremarried surviving spouse............................................... 1613, 1718, 2082, 2084, 2666
HB 1725-- Vernonburg, City of; homestead exemption; unremarried surviving spouse............................................... 1614, 1718, 2082, 2085, 2666
HB 1726-- Tybee Island, City of; homestead exemption; unremarried surviving spouse............................................... 1614, 1719, 2082, 2085, 2666
HB 1727-- Port Wentworth, City of; homestead exemption; unremarried surviving spouse............................................... 1614, 1719, 2082, 2085, 2667
HB 1728-- Bloomingdale, City of; homestead exemption; unremarried surviving spouse............................................... 1615, 1719, 2082, 2086, 2667
HB 1729-- Savannah, City of; homestead exemption; unremarried surviving spouse ................................................................... 1615, 1719, 2082, 2086, 2667
HB 1730-- Garden City, City of; homestead exemption; unremarried surviving spouse............................................... 1615, 1719, 2082, 2086, 2813
HB 1731-- Chatham County and City of Savannah; homestead exemption; unremarried surviving spouse............................ 1616, 1719, 2082, 2087, 2667
HB 1732-- Pooler, City of; homestead exemption; unremarried surviving spouse ................................................................... 1616, 1719, 2082, 2087, 2668
HB 1733-- Chatham County; homestead exemption; unremarried surviving spouse .................................................................. 1616, 1719, 2082, 2087, 2668
HB 1734-- City of East Point Charter Commission; create.................... 1616, 1719, 1828, 1831, 2668
HB 1735-- Griffin, City of; new charter ................................................. 1617, 1719, 1828, 1831, 2814

INDEX

4547

HB 1736-- Cobb County; board of commissioners; compensation........ 1617, 1719, 1828, 1835, 3494
HB 1737-- Property insurance; warranty service agreements; surety bonds................................................................................................ 1617, 1719
HB 1738-- Cobb County; state court; certain costs ................................ 1618, 1719, 1828, 1831, 2954
HB 1739-- Juries; peremptory challenges; equal number of strikes........ 1606, 1624, 1628
HB 1740-- Open meetings; school districts; athletic and fine arts associations ...................................................................................... 1607, 1624
HB 1741-- Weapons; carrying without license; repeal certain power of governor................................................................. 1607, 1610, 1624, 1629
HB 1742-- Open meetings; exemption; local boards of education; discipline issues ..................................................................... 1608, 1624, 1779
HB 1743-- License plates; state and local government vehicles; permanent plates ................................................................... 1608, 1624, 1795, 2312
HB 1744-- Sales tax exemption; nonprofit organizations providing child services......................................................................... 1618, 1719, 1726, 2356, 3491
HB 1745-- Laurens County; magistrate court; chief magistrate; compensation ........................................................................ 1618, 1719, 2477, 2478, 2954
HB 1746-- Emergency '911' systems; joint authorities; intergovernment contracts..................................................... 1618, 1719, 1723, 2246
HB 1747-- Rabun County; Ridgecrest Hospital facilities; certain compliance ............................................................................ 1619, 1719, 1828, 1832, 2668
HB 1748-- Trion, Town of; board of education; powers and duties....... 1619, 1718, 1828, 1832, 2954
HB 1749-- House districts; reapportionment; amend certain provisions......................................................................................... 1619, 1718
HB 1750-- Congressional, House, and Senate districts; amend certain provisions............................................................................. 1620, 1718
HB 1751-- State employees' health insurance; coverage; certain health centers ........................................................................ 1620, 1718, 1795, 2352, 3478, 3656, 3831
HB 1752-- Carrollton, City of; board of education; independent school system........................................................................ 1712, 1822, 2618, 3110, 3214

4548

INDEX

HB 1753-- Gainesville, City of; homestead exemption; certain residents ................................................................................ 1712, 1822, 2082, 2088, 2814
HB 1754-- Griffin, City of; lease municipal property ............................ 1712, 1822, 2082, 2088, 2814
HB 1755-- Sunny Side, City of; council; terms of office ....................... 1713, 1822, 2082, 2088, 2814
HB 1756-- Ball Ground, City of; corporate limits.................................. 1713, 1822, 2571, 2573, 3105
HB 1757-- Coweta County; state court; continuation............................. 1713, 1822, 2082, 2089, 2815
HB 1758-- Special purpose 1 percent sales tax; proceeds; publish ................... 1622, 1718
HB 1759-- Transfer students; courses in Georgia history; requirement; exemptions ................................................................. 1622, 1718
HB 1760-- Georgia Regional Transportation Authority; administrative assignment; Department of Transportation.................................................................................. 1622, 1718
HB 1761-- Public funding; social services by certain religious or sectarian institutions; exceptions ..................................................... 1623, 1718
HB 1762-- Fannin County; homestead exemption; base year assessed value ....................................................................... 1714, 1822, 2447, 2448, 2954
HB 1763-- Rome, City of; school building authority; create.................. 1714, 1822, 2082, 2089, 2815
HB 1764-- Fannin County; homestead exemption; certain residents ..... 1714, 1822, 2447, 2448, 2954
HB 1765-- Motor vehicles and traffic; implied consent warning; amend provisions ............................................................................. 1714, 1822
HB 1766-- Agriculture Commodity Commission on Beef; provisions; Pacific White Shrimp Aquaculture Developement Act; enact...................................................... 1715, 1822, 2081, 2409, 3443, 3502, 3616, 3673, 3771, 3833, 3984
HB 1767-- Special county 1 percent sales tax; consolidated governments; public safety .............................................................. 1715, 1822
HB 1768-- Floyd County; homestead exemption; certain residents....... 1715, 1822, 2082, 2089, 2815
HB 1769-- Ethics; Code of Fair Campaign Practices; provisions ..................... 1716, 1822
HB 1770-- Floyd County; homestead exemption; certain residents....... 1716, 1822, 2082, 2090, 2815

INDEX

4549

HB 1771-- Crawford County; board of elections and registration; create ..................................................................................... 1716, 1822, 2082, 2090, 2815
HB 1772-- Nurse Involuntary Mandatory Overtime Act; enact ........................ 1717, 1822
HB 1773-- Turner County; board of education; compensation .............. 1717, 1822, 2082, 2090, 2816
HB 1774-- Holly Springs Parks and Recreation Authority; create......... 1717, 1822, 2082, 2091, 3105
HB 1775-- Income tax credit; certain motion picture production investments ........................................................................... 1717, 1822, 1823, 1979, 2233
HB 1776-- Cobb County; chief deputy sheriff, chief investigator, executive assistant; compensation ........................................ 1816, 2080, 2447, 2449, 2955
HB 1777-- Jeff Davis County Public Facilities Authority; create .......... 1816, 2080, 2447, 2449, 2955
HB 1778-- Pooler, City of; new charter.................................................. 1817, 2080, 2571, 2573, 3105
HB 1779-- DeKalb County; chief executive officer and board of commissioners; amend provisions................................................... 1817, 2080
HB 1780-- Guyton, City of; corporate limits.......................................... 1817, 2080, 2447, 2449, 3105
HB 1781-- Guyton, City of; corporate limits; referendum ..................... 1818, 2080, 2447, 2450, 3105
HB 1782-- Dalton, City of; homestead exemption; certain residents..... 1818, 2080, 2447, 2450, 2955
HB 1783-- Dalton, City of; homestead exemption; certain residents; referendum............................................................ 1818, 2080, 2447, 2450, 2955
HB 1784-- East Dublin, City of; corporate limits................................... 1818, 2081, 2447, 2450, 2955
HB 1785-- Certificate of need; injectable medications administered in home; certain exemptions ............................................................ 1819, 2081
HB 1786-- Macon, City of; community improvement districts; provisions.............................................................................. 1819, 2081, 2447, 2451, 3110, 3228
HB 1787-- Columbia County; board of education; chairperson; nonpartisan election .............................................................. 1819, 2081, 2447, 2451, 2955
HB 1788-- Gray, City of; corporate limits.............................................. 1819, 2081, 2447, 2451, 2956
HB 1789-- Lee County Parks and Recreation Authority; create ............ 1820, 2081, 2447, 2452, 2956

4550

INDEX

HB 1790-- Torts; joint trespassers; damages; recovery; amend provisions............................................................................... 1811, 1822, 1823
HB 1791-- Torts; joint trespassers; damages; recovery; amend provisions............................................................................... 1811, 1822, 1824
HB 1792-- Local governments; interlocal agreements; comprehensive regulation; provisions ............................................. 1820, 2080
HB 1793-- Torts; limiting liability of free health clinics; provide ......... 1812, 1822, 1825, 1864, 2353, 3492
HB 1794-- Carnesville, City of; new charter .......................................... 2075, 2440, 2477, 2478, 3106
HB 1795-- Carroll County; education districts; reapportion .................. 2075, 2440, 2571, 2603, 2956
HB 1796-- Stephens County Historic Courthouse Restoration Authority; create ................................................................... 2076, 2440, 2477, 2478, 3106
HB 1797-- Waleska, City of; corporate boundaries; municipal powers; amend provisions .................................................... 2076, 2440, 2477, 2479, 3106
HB 1798-- Rome, City of; homestead exemption; certain residents ...... 2076, 2440, 2477, 2479, 3106
HB 1799-- Public services or benefits; eligibility; citizenship and residency .......................................................................................... 2077, 2440
HB 1800-- X-ray equipment; require annual training and education ................ 2077, 2440
HB 1801-- Bowman, City of; city council; mayor; amend provisions.............................................................................. 2077, 2440, 2477, 2479, 3106
HB 1802-- Lakeland-Lanier County; unification of existing governments; provisions ....................................................... 1979, 2080, 2571, 2603, 2956
HB 1803-- Frivilous Litigation Prevention Act; enact ............................ 2077, 2440, 2441
HB 1804-- Civil cases; required forms for filing complaints or judgments............................................................................... 2078, 2440, 2442
HB 1805-- Torts; certain hospital emergency room physicians; liability ................................................................................... 2079, 2440, 2443
HB 1806-- Malpractice insurance; cancellation/increase in premiums; agent restrictions.................................................. 2079, 2440, 2444
HB 1807-- Fines and forfeitures; civil filing fee; indigent defense fund .................................................................................................. 2436, 2475
HB 1808-- Courts; senior magistrate; create office; provisions ........................ 2437, 2475
HB 1809-- Crimes; Child Protection Registry; create ....................................... 2437, 2475
HB 1810-- Holly Springs, City of; redevelopment powers .................... 2437, 2475, 2571, 2604, 3106

INDEX

4551

HB 1811-- Candler County Public Building Authority; create .............. 2437, 2475, 2571, 2604, 3494
HB 1812-- Motor vehicles; security interests or leins; failure to cancel ............................................................................................... 2438, 2475
HB 1813-- Torts; medical malpractice; limit attorney's fees ............................. 2438, 2475
HB 1814-- Cherokee County; redevelopment powers............................ 2470, 2568, 2650, 2652
HB 1815-- Woodstock, City of; corporate limits.................................... 2470, 2568, 2650, 2653, 3495
HB 1816-- Brantley County; residential waste; advisory referendum ............................................................................ 2470, 2568, 2650, 2653, 3107
HB 1817-- Jackson County; education districts; reapportion ................. 2470, 2568, 2650, 2653, 3107
HB 1818-- Mitchell, Town of; new charter ............................................ 2471, 2568, 2650, 2653, 3107
HB 1819-- Pike County; office of county manager ................................ 2471, 2568, 2650, 2654, 3107
HB 1820-- Columbia County; certain officials; health insurance program................................................................................. 2471, 2568, 2650, 2654, 3495
HB 1821-- Glynn County; homestead exemption; certain surviving spouse.................................................................................... 2472, 2568, 2650, 2654, 3107
HB 1822-- Pickens County; board of education; certain per diems ....... 2472, 2568, 2650, 2655, 3108
HB 1823-- Alpharetta, City of; mayor and council members; compensation ........................................................................ 2472, 2568, 2650, 2655, 3111, 3211, 3495
HB 1824-- Rockmart, City of; homestead exemption; certain residents ................................................................................ 2472, 2568, 2650, 2655, 3108
HB 1825-- Glynn County; homestead exemption; unremarried surviving spouse ................................................................... 2473, 2568, 2754, 2755, 3108
HB 1826-- Glynn County; repeal constitutional amendment; referendum ............................................................................ 2473, 2568, 2754, 2755, 3108
HB 1827-- Forsyth County; board of commissioners; compensation and expenses payable............................................................ 2473, 2568, 2650, 2658, 3495

4552

INDEX

HB 1828-- Metter, City of; mayor and city manager; powers and duties..................................................................................... 2474, 2568, 2650, 2658, 2956
HB 1829-- Clayton, City of; corporate limits ......................................... 2474, 2568, 2650, 2658, 3108
HB 1830-- Carrollton, City of; school tax levy; provisions ................... 2474, 2568, 2650, 2658
HB 1831-- Alpharetta Building Authority; create .................................. 2474, 2568, 2650, 2659, 3109
HB 1832-- Marietta, City of; homestead exemption; disabled residents ................................................................................ 2568, 2648, 2907, 2910
HB 1833-- Lamar County Livestock and Agriculture Exposition Authority; membership ......................................................... 2568, 2648, 2907, 2910, 3495
HB 1834-- Local government contracts; optional bidding preference; local businesses............................................................. 2647, 2906
HB 1835-- Postmajority child support; certain disabilities; provisions......................................................................................... 3077, 3482
HB 1836-- Regional development centers; state-wide water management plan; provisions .................................................................... 3482

PART III
HOUSE RESOLUTIONS
HR 1-- State flag; change design - CA ......................................................... No Action HR 2-- Residential real property; freeze values; ad valorem tax;
assess at acquisition date value - CA................................................ No Action HR 3-- Teacher salary supplements; certain donations - CA ....................... No Action HR 4-- Ad valorem tax; limit increase of millage rate and
property value - CA .......................................................................... No Action HR 5-- Ad valorem tax; limit increase of millage rate and
property value - CA .......................................................................... No Action HR 6-- Ad valorem tax; limit increase of millage rate and
property value - CA .......................................................................... No Action HR 7-- Ad valorem tax; millage rate or valuation increases;
limitations - CA ................................................................................ No Action HR 8-- Ad valorem tax; millage rate or valuation increases;
limitations - CA ................................................................................ No Action HR 21-- Bona fide agricultural property; preferential assessment;
additional forms - CA ....................................................................... No Action HR 22-- Homestead exemption; state-wide base year assessed
value - CA......................................................................................... No Action HR 23-- Children of deceased POST officers; urge free college
tuition ................................................................................................ No Action HR 24-- Joint Study Committee on State Government
Decentralization; create .................................................................... No Action HR 26-- Children of certain officers; tuition-free college;
General Assembly provide by law - CA........................................... No Action HR 27-- USA as Judeo-Christian nation; urge Congress reaffirm ................. No Action HR 30-- Carter, Honorable James Earl "Jimmy", Jr.; commend
and invite to House ........................................................................... No Action HR 43-- Education funding; repeal ad valorem tax; impose
excise tax on motor fuel - CA........................................................... No Action HR 44-- Public initiative referendums; provisions - CA ................................ No Action HR 45-- Ad valorem tax; appraise property at owner's
acquisition cost - CA......................................................................... No Action HR 48-- House Special Grants Study Committee; create............................... No Action HR 50-- Israel, State of; urge national support; declare Georgia
support .............................................................................................. No Action

4554

INDEX

HR 51-- House Study Committee on Uniform High School Grading; create.................................................................................. No Action
HR 52-- Joint Mold Standards Study Committee; create ............................... No Action
HR 53-- House Study Committee on Penalties for Driving Under the Influence Offenses; create........................................................... No Action
HR 54-- House Study Committee on Establishing a Family Day; create ................................................................................................. No Action
HR 64-- House Energy Efficient Homes Study Committee; create ................................................................................................. No Action
HR 66-- State Road and Tollway Authority; use of tolls................................ No Action
HR 67-- General Assembly; reapportionment by independent commission - CA .............................................................................. No Action
HR 80-- Homestead exemption; state-wide base year assessed value - CA......................................................................................... No Action
HR 89-- Elected officials; party affiliation; certain prohibition CA ..................................................................................................... No Action
HR 90-- Veterans Memorial Highway; designate; Banks County veterans; commend ........................................................................... No Action
HR 95-- Free and Accepted Masons of Georgia and the Order of the Eastern Star; invite to House ...................................................... No Action
HR 104-- Jack Connell Parkway; designate ..................................................... No Action
HR 105-- Dental Hygienists' Appreciation Day; recognize February 7, 2003; invite to House .................................................... No Action
HR 108-- Sales tax on certain food and beverages; allocate to homeowner's incentive adjustment - CA .......................................... No Action
HR 130-- Local school boards and superintendents; method of selection provided by law - CA ........................................................ No Action
HR 132-- Keith Kalland Memorial Highway; designate ...................... 2610, 3063, 3072, 3182, 3200, 3548, 3554
HR 133-- Robert Ray Parkway; designate........................................................ No Action
HR 142-- Gresham Park 12 Year Old Tigers baseball team; invite to House ............................................................................................ No Action
HR 143-- Fire protection; certain subscriptions; urge Congress to provide federal income tax deduction............................................... No Action
HR 144-- Property in industrial area; owner voluntarily remove CA ..................................................................................................... No Action
HR 145-- Certain teachers; salary step increases; urge State Board of Education adopt ............................................................................ No Action
HR 147-- Joint MARTA Finance Study Committee; create............................. No Action
HR 148-- State capitol buildings; urge Federal Aviation Administration restrict airspace ........................................................ No Action

INDEX

4555

HR 171-- Ad valorem tax millage rate increase; require voter approval - CA.................................................................................... No Action
HR 172-- Public institutions, schools, and sporting events; quiet reflection period; urge Congress require .......................................... No Action
HR 214-- Rules of House; amend Rule 13 ....................................................... No Action
HR 225-- Intellectually disabled health and fitness program; special plates - CA ......................................................................................... 77
HR 226-- House Study Committee on Sheriffs' Powers; create ....................... No Action
HR 227-- Joint Study Committee on Certified Professional Midwifery; create.............................................................................. No Action
HR 228-- Cosmetic dental coverings; urge removal of unlicensed providers ........................................................................................... No Action
HR 229-- State excise tax on tobacco products; fund state Medicaid program - CA.................................................................... No Action
HR 238-- House Study Committee on Law Enforcement Retirement; create ............................................................................. No Action
HR 241-- Chambliss, Honorable Saxby; invite to House ................................. No Action
HR 256-- Power substation in residential neighborhood; urge Georgia Power consult with residents .............................................. No Action
HR 257-- Robert Ray Parkway; designate........................................................ No Action
HR 258-- Homeowner tax relief grants; alternative uses - CA......................... No Action
HR 259-- Ad valorem tax; property equipped with certain systems for generating electricity; exempt - CA ............................................ No Action
HR 260-- House Community Improvement District Study Committee; create ............................................................................. No Action
HR 262-- House Study Committee on HB 33; create....................................... No Action
HR 263-- Subsequent Injury Trust Fund Joint Study Committee; create ................................................................................................. No Action
HR 264-- Joint Budgetary Tracking and Forfeiture Tracking Study Committee; create................................................................... No Action
HR 271-- Joint Study Committee on Coastal Marshlands Protection; create .............................................................................. No Action
HR 319-- House Study Committee on Equal Pay; create ................................. No Action
HR 322-- Special U.S. flag license plate fees; certain education trust fund - CA .................................................................................. No Action
HR 323-- Ad valorem tax; authorize special methods; certain aircraft - CA ...................................................................................... No Action
HR 334-- House Study Committee on Long-term Care Insurance; create ................................................................................................. No Action
HR 349-- Counties; increase maximum to 160 - CA........................................ No Action
HR 350-- Development impact fees for educational purposes; local boards collect - CA .................................................................. No Action

4556

INDEX

HR 351-- Convention on the Elimination of All Forms of Discrimination Against Women; urge U.S. Senate ratify; urge Congress affirm certain women's rights ........................ No Action
HR 353-- Hybl, Nate; invite to House .............................................................. No Action
HR 354-- General Assembly, Lt. Governor, House Speaker; term limits - CA ........................................................................................ No Action
HR 355-- Elected officials; prohibit party affiliation change; exception - CA .................................................................................. No Action
HR 356-- Motor vehicle emissions fund; provide by general law CA ..................................................................................................... No Action
HR 376-- General appropriations; restrict amendments increasing - CA................................................................................................... No Action
HR 378-- Thomson High School Football Team; invite to House ................... No Action
HR 398-- Purple Heart Highway; designate portion of State Route 232 ........................................................................................... 827, 1125, 2610
HR 405-- Initiative petition; power to enact and repeal statutes CA ..................................................................................................... No Action
HR 408-- Joint Study Committee on Legislative and Congressional Redistricting; create .................................................. No Action
HR 527-- Ad valorem tax; special class; antique aircraft - CA ................................. 1442
HR 528-- House Study Committee on School Restroom Standards; create ............................................................................... No Action
HR 529-- Joint Study Committee on the Rehabilitation of the Winecoff Hotel; create...................................................................... No Action
HR 544-- Alvin Mitchell Street; designate ....................................................... No Action
HR 546-- Georgia Capital Punishment Study Commission; create.................. No Action
HR 547-- Pari-mutuel wagering; General Assembly provide by law - CA............................................................................................ No Action
HR 557-- Meadowview Elementary School; commend; invite principal and school board officers to House ................................... No Action
HR 558-- House Local School District Development Impact Fees Study Committee; create................................................................... No Action
HR 559-- Tommy R. Crabb Sr. Memorial Highway; designate ....................... No Action
HR 561-- High risk health insurance; urge officials seek certain federal grants..................................................................................... No Action
HR 562-- County officers; include certain coroners - CA................................ No Action
HR 563-- Mental illness and suicide in youth; urge screening of children and adolescents .................................................................. 2476, 2670
HR 564-- Estrada, Miguel A.; urge confirmation to U.S. Court of Appeals ............................................................................................. No Action
HR 565-- Clarence Thomas Tribute Commission; create................................. No Action

INDEX

4557

HR 587-- Special license plates; community greenspace preservation trust fund - CA ............................................................. No Action
HR 588-- House Study Committee on Health Insurance Options for Small Businesses and Uninsured Working People; create ................................................................................................. No Action
HR 589-- Dorothy B. Pelote Viaduct; designate .............................................. No Action
HR 590-- Fred Emory Smith Memorial Bridge; designate............................... No Action
HR 591-- Rosa Proctor Intersection and Robert L. and Sally Thompson Intersection; designate; Battlefield Parkway; dedicate portion to memory of Baxter Shavers ............................... 3774, 3902
HR 601-- Board of Regents; urge expansion of teacher education program............................................................................................. No Action
HR 603-- House Sandy Springs Study Committee; create ............................... No Action
HR 604-- Department of Natural Resources; assign law enforcement personnel on certain public beaches ............................ No Action
HR 614-- Georgia War Veterans Nursing Home Trust Fund; create; special plates - CA ........................................................... 254, 268, 314
HR 615-- Rockmart High School wrestling team; invite team and coaches to House .............................................................................. No Action
HR 616-- Respress, Emma; invite to House ..................................................... No Action
HR 617-- Human cloning; federal legislation banning; urge passage .............................................................................................. No Action
HR 618-- Coin operated amusement machines; uses of regulatory fees and fines - CA............................................................................ No Action
HR 619-- Misinterpretation of Code Section 31-6-2(14)(G)(iii); urge Department of Community Health correct regulation .......................................................................................... No Action
HR 620-- Julien B. Roddenbery, Sr. Memorial Drive; designate..................... No Action
HR 621-- House Unfunded Mandates Study Committee; create...................... No Action
HR 622-- Board of Regents; power; subject to General Assembly and Governor - CA ........................................................................... No Action
HR 623-- Commission on Efficiency in State Government; create.................. No Action
HR 625-- Purple Heart Trail; designate Interstate 95 within Georgia.............................................................................................. No Action
HR 668-- Certain state and local construction; urge certain design and material standards ...................................................................... No Action
HR 669-- House Study Committee on Funding for Local Victim Assistance Programs; create ............................................................. No Action
HR 670-- House Study Committee on Coin Operated Amusement Machines; create ............................................................................... No Action
HR 680-- House Study Committee on the Development and Expansion of Community Health Centers; create ............................ No Action

4558

INDEX

HR 681-- Law Enforcement Museum and Hall of Fame; support creation.............................................................................................. No Action
HR 699-- Driver education fund; create; General Assembly provide by law - CA.......................................................................... No Action
HR 701-- Hepatitis C Awareness and Education Month; recognize May, 2003; urge Public Health Division of DHR undertake related studies.................................................................... 825, 1369
HR 702-- Culloden Highland Games and Scottish Festival; invite certain persons to House ................................................................... No Action
HR 703-- House Study Committee on Lending and Financial Services; create ................................................................................. No Action
HR 722-- Senate Bill 23; urge consideration by House.................................... No Action
HR 743-- House Study Committee on Adapted Athletics; create .................... No Action
HR 744-- Iraq; postwar rebuilding; urge president and Congress include African Americans ............................................................... No Action
HR 778-- Cumberland Island; access to wilderness section; urge action to support................................................................................ No Action
HR 779-- Iraq's cultural artifacts; looted and destroyed; urge U. S. restore and preserve .......................................................................... No Action
HR 780-- Tobacco tax proceeds; uses; Medical Trust Fund - CA.................... No Action
HR 781-- House Study Committee on Pari-mutuel Betting on Horse Racing; create.................................................................................. 1102
HR 814-- Community improvement district; imposition of sales tax; approval - CA............................................................................. No Action
HR 815-- Veterans' health care; insure mandatory funding; memorialize Congress....................................................................... No Action
HR 818-- Public transportation; corporation or authority; General Assembly create - CA .................................................................................... 43
HR 819-- House Study Committee on Liability Insurance Rates for Hospitals and Physicians; create .............................................................. 43
HR 820-- Adult entertainment; licensing; urge DeKalb County enforce existing laws ................................................................. 43, 3483, 3484
HR 855-- Homeland security; urge president and Congress provide funding.............................................................................................. 43
HR 857-- Special license plates promoting charitable organizations; provisions - CA ...................................................................... 43
HR 914-- Docket No. 02-182; express regret; minority vote dilution ..................................................................................................... 42, 76
HR 915-- House Study Committee for the Transfer of Operations of Hartsfield Atlanta International Airport; create .................................. 42, 76
HR 940-- Mayor George Merron Peters Memorial Highway; designate ................................................................................... 75, 88, 91, 827, 1225, 3111

INDEX

4559

HR 941-- Public funding of social services by religious or sectarian organizations; prohibit discrimination - CA.............. 75, 88, 91, 318, 2081
HR 942-- Joint session; address by President of United States ............................... 48, 92 HR 943-- Notify Senate; House convened..................................................................... 44 HR 944-- Adjournment; relative to.......................................................................... 46, 55 HR 945-- Joint session; message from Chief Justice of Supreme
Court ........................................................................................................ 44, 55 HR 946-- Wilson, JoEllen; commend ............................................................................ 52 HR 947-- Smith, Paul; condolences............................................................................... 52 HR 948-- Parker, Leesa; commend................................................................................ 52 HR 949-- Kilgore, Reverend Dr. Jim and Ruth; commend .......................................... 52 HR 950-- Gober, Honorable Clyde Johnson "C. J.", Jr.; commend .............................. 52 HR 951-- Davis, General Raymond G.; condolences .................................................... 52 HR 952-- Payne, Roy B., Jr.; condolences .................................................................... 53 HR 953-- Anthony, Ronald "Ronnie" Michael; condolences........................................ 53 HR 954-- Dixon, Dr. Pierce Kendal "P. K."; condolences ............................................ 53 HR 955-- McBrayer, Frances Wheeler; condolences .................................................... 53 HR 956-- Ledford, William T. "Billy"; condolences..................................................... 53 HR 957-- Hasty, Honorable William G. "Bill", Sr.; condolences ................................. 53 HR 958-- Strickland, John Andrew; commend.............................................................. 54 HR 959-- Lanier Soccer Association's under-14 boys team, the
Hotshots; commend ....................................................................................... 54 HR 960-- Hall County YMCA Rebels under-16 girls soccer team;
commend........................................................................................................ 54 HR 961-- Holloman, Kathryn; Clayton County Teacher of the
Year for 2004; commend ............................................................................... 54 HR 962-- Brown, James; commend............................................................................... 54 HR 963-- Winship, Florence Wood, M. D.; condolences.............................................. 54 HR 964-- Stevens, Lila; commend................................................................................. 54 HR 965-- Davenport, Lucille Bolt; condolences ........................................................... 55 HR 966-- Padgett-Harrison, Dr. Susan K.; commend ................................................... 55 HR 967-- Gainesville High School girls golf team; invite team
and coach to House ........................................................................ 55, 464, 471 HR 968-- Schools; grades K-8; urge 30 minutes physical activity
daily ......................................................................................................... 76, 88 HR 969-- Twiggs, Honorable Ralph; condolences ........................................................ 78 HR 970-- Walker, Darius; commend ............................................................................. 93 HR 971-- Clear Channel's 1230 WSOK, Savannah's gospel radio
station; commend........................................................................................... 93

4560

INDEX

HR 972-- Clear Channel's WLVH, Savannah's LOVE 101.1 FM; commend........................................................................................................ 93
HR 973-- Joyner, Tom and the Tom Joyner Foundation; commend........................................................................................................ 93
HR 974-- Corrections, Georgia Department of; commend............................................ 93 HR 975-- DeLoach, Terri; commend............................................................................. 94 HR 976-- Richmond Academy Musketeers golf team; commend................................. 94 HR 977-- Concerned Citizens of Scottdale, Inc.; commend.......................................... 94 HR 978-- Radford, Nina; commend............................................................................... 94 HR 979-- Stamp honoring Westley Wallace Law; urge postal
service adopt ................................................................................................ 167 HR 980-- Social security; personal retirement accounts; urge
Congress enact ............................................................................................. 168 HR 981-- Spelman College Day; 1//27/04; invite Dr. Beverly
Daniel Tatum to House .................................................................. 94, 236, 255 HR 982-- Death tax; urge Congress abolish ................................................ 123, 168, 953 HR 983-- Rules of House; amend Rule 13 .......................................................... 123, 168 HR 984-- Georgia Hispanic Chamber of Commerce Day at the
Capitol; recognize 1/15/04............................................................................. 95 HR 985-- Hunting and fishing; preserve citizens' rights - CA............. 123, 168, 267, 315 HR 986-- Wills, Billie Ann; invite to House ............................................... 125, 268, 290 HR 987-- Lord Laird of Artigarvan; invite to House................................... 125, 187, 193 HR 988-- Terrorists and weapons of mass destruction; protection
from; urge Congress support President's effort ................................... 167, 187 HR 989-- Defense appropriations legislation; urge Congress to
enact before other spending bills ................................................. 167, 187, 953 HR 990-- 4-H Day at the state capitol; invite certain persons to
House ........................................................................................... 154, 187, 237 HR 991-- Randall, Nekeisha; 4-H honoree; commend................................................ 154 HR 992-- Williams, Matthew; 4-H honoree; commend .............................................. 154 HR 993-- Justice, Ashley; 4-H honoree; commend ..................................................... 154 HR 994-- Khlifi, Khalil; 4-H honoree; commend........................................................ 155 HR 995-- Daniel, Anna; 4-H honoree; commend........................................................ 155 HR 996-- Poole, Tyler; 4-H honoree; commend ......................................................... 155 HR 997-- Lee, Melissa; 4-H honoree; commend......................................................... 155 HR 998-- Barber, Jonathan; 4-H honoree; commend .................................................. 155 HR 999-- Tankersly, Daniel; 4-H honoree; commend................................................. 155 HR 1000-- Chestnut, Ashley; 4-H honoree; commend.................................................. 155 HR 1001-- Wemberly, Seth; 4-H honoree; commend ................................................... 156 HR 1002-- Knight, Jenna; 4-H honoree; commend ....................................................... 156

INDEX

4561

HR 1003-- Smith, Natalie; 4-H honoree; commend ...................................................... 156 HR 1004-- Meeks, Clayton; 4-H honoree; commend.................................................... 156 HR 1005-- Greer, Richard; 4-H honoree; commend ..................................................... 156 HR 1006-- Martin, Knox; commend.............................................................................. 156 HR 1007-- Northview High School's varsity boys golf team;
commend...................................................................................................... 156 HR 1008-- Lee Container Corporation; commend ........................................................ 157 HR 1009-- Scanlin, Robert I. "Bob"; condolences ........................................................ 157 HR 1010-- Cope, Beth Cash; condolences .................................................................... 157 HR 1011-- Hill, Coach Manson; commend ................................................................... 157 HR 1012-- Kinnaman, Matthew Ryan; commend ......................................................... 157 HR 1013-- Holy Spirit Lutheran Church; recognize twentieth
anniversary................................................................................................... 157 HR 1014-- Springfield Baptist Church; recognize 140th
anniversary................................................................................................... 157 HR 1015-- Johnson, Spc. Nathaniel Henry; condolences.............................................. 158 HR 1016-- Lumley, Tony M., Georgia State Trooper; condolences ............................. 158 HR 1017-- Blount, Major General Buford C., III; invite to House .......... 174, 2476, 2611 HR 1018-- Rollins, Jeff; commend ................................................................................ 175 HR 1019-- Hudson, Reverend Jack; commend.............................................................. 175 HR 1020-- Aikens, Clyde, Jr.; commend....................................................................... 175 HR 1021-- Positive Growth, Incorporated; commend................................................... 175 HR 1022-- Oglesby, Jamie W.; commend ..................................................................... 176 HR 1023-- Wilkins, Lt. Col. (Ret.) Henry Joseph; condolences ................................... 176 HR 1024-- Alpine Community Church; commend........................................................ 176 HR 1025-- Coosa High School; commend .................................................................... 176 HR 1026-- Millican, Kimelan; commend ...................................................................... 176 HR 1027-- Fowler, Alan; 2004 Teacher of the Year; commend ................................... 176 HR 1028-- Crockett, U. S. Army Staff Sergeant Ricky L.;
condolences.................................................................................................. 177 HR 1029-- National Eating Disorders Awareness Week; urge
Department of Human Resources undertake studies ........................... 186, 251 HR 1030-- Public funding of social services by certain
organizations; exception - CA ........................................... 186, 251, 318, 2081 HR 1031-- Wetekam, Major General Donald J.; invite to House.................. 193, 695, 702 HR 1032-- LaGrange High School Grangers football team; invite
to House ....................................................................................... 193, 340, 347 HR 1033-- Youth Advisory Council of Columbus, Georgia; invite
members to House ....................................................................... 194, 464, 471 HR 1034-- Purple Heart Highway; designate ........................................................ 250, 283

4562

INDEX

HR 1035-- Burke j Veterans Parkway; designate................................................ 250, 283 HR 1036-- Cherokee High School Warriors football team; invite
coaches and players to House ...................................................... 194, 695, 702 HR 1037-- University System; urge reduction in student fees .............................. 251, 283 HR 1038-- National Council of Negro Women, DeKalb County
Section; invite to House........................................................... 194, 2447, 2454 HR 1039-- Community Health Centers Day; invite designated
representatives to House .............................................................. 194, 464, 472 HR 1040-- Internet access tax; urge Congress ban permanently........................... 282, 336 HR 1041-- Federal tax cuts; urge Congress make permanent ............................... 282, 336 HR 1042-- Georgia Farm Bureau Federation; invite president to
House ........................................................................................... 255, 287, 290 HR 1043-- Elrod, Corporal Stanley; invite to House..................................... 263, 695, 702 HR 1044-- Holloway, Officer Jamey; invite to House .................................. 263, 695, 702 HR 1045-- Marietta Fire Department; commend on 150 years of
service .................................................................................................. 263, 344 HR 1046-- Hawkinsville High School Red Devils football team;
commend...................................................................................................... 263 HR 1047-- Williams, Chastity; 4-H honoree; commend ............................................... 263 HR 1048-- Lewis, Bessy; 4-H honoree; commend........................................................ 263 HR 1049-- Lewis, Loni; 4-H honoree; commend.......................................................... 264 HR 1050-- McCoy, Hannah; 4-H honoree; commend................................................... 264 HR 1051-- Refugee Family Services; commend ........................................................... 264 HR 1052-- Hardman, Lamartine Griffin "Lam" III; condolences ................................. 264 HR 1053-- Usry, Nick; commend .................................................................................. 264 HR 1054-- Clarkston Community Center; commend .................................................... 264 HR 1055-- Garden City Police Department; commend................................................. 264 HR 1056-- Williams, Charles R.; condolences.............................................................. 265 HR 1057-- Glover, Aaron; commend ............................................................................ 265 HR 1058-- Cherokee High School Warriors football team;
commend...................................................................................................... 265 HR 1059-- Smith, Kaitlin; commend............................................................................. 265 HR 1060-- Strohbehn, Douglas W.; condolences.......................................................... 265 HR 1061-- Mr. Lonnie's House; commend.................................................................... 265 HR 1062-- Zina Age and Aniz, Inc.; commend............................................................. 265 HR 1063-- Federal marriage amendment; urge Congress pass ............................. 283, 336 HR 1064-- Lovejoy Wildcats High School football team and
coaches; invite to House .............................................................. 266, 340, 347 HR 1065-- State government; taxing and spending powers;
limitations - CA ................................................................................... 283, 336

INDEX

4563

HR 1066-- 21st Century Leaders Day; commend students; invite House members to participate...................................................................... 319
HR 1067-- Westminster High School's Lady Wildcats volleyball team; invite team and coaches to House...................................... 289, 732, 738
HR 1068-- Dawson Street Christian Academy Varsity Football Team; invite team to House ......................................................... 289, 464, 472
HR 1069-- Dryden, Lieutenant Colonel Charles W.; invite to House ....................................................................................... 290, 1053, 1080
HR 1070-- Alpha Kappa Alpha Day; recognize 2/16/04; invite Ferial S. Bishop, National Chair, to House ................................. 290, 827, 846
HR 1071-- Omotayo, Sarah; invite to House................................................. 310, 769, 776 HR 1072-- Brantley County's FFA forestry team; commend; invite
Hampton Ammons to House ....................................................... 318, 417, 425 HR 1073-- Brantley County's FFA forestry team; commend; invite
Erin Vickers to House.................................................................. 318, 417, 425 HR 1074-- Brantley County's FFA forestry team; commend; invite
Jerrin Flowers to House ............................................................... 319, 417, 425 HR 1075-- Brantley County's FFA forestry team; commend; invite
Buck Taylor to House .................................................................. 319, 417, 426 HR 1076-- Brantley County's FFA forestry team; commend; invite
Richard Gill to House .................................................................. 319, 417, 426 HR 1077-- Sherman, Orah Belle; condolences.............................................................. 320 HR 1078-- Welchel, Alicia Louise; commend .............................................................. 320 HR 1079-- Pitman, Brandon; commend ........................................................................ 320 HR 1080-- Davis, Lee, 4-H honoree; commend ............................................................ 320 HR 1081-- Webb, Jennifer G.; commend ...................................................................... 320 HR 1082-- Welborn, Mary Ruth; commend .................................................................. 320 HR 1083-- Levine, Olivia; commend ............................................................................ 321 HR 1084-- Georgia's "Tribute to Its World War II Generation";
recognize May 24-30, 2004 ......................................................................... 321 HR 1085-- Ronberg, Jason; commend on becoming an Eagle Scout ............................ 321 HR 1086-- Orso, Chris, 4-H honoree; commend........................................................... 321 HR 1087-- Baxter, Reverend Willard; commend .......................................................... 321 HR 1088-- Ward, Dr. Charles; condolences; recognize Mary Ward............................. 321 HR 1089-- Highsmith, Steven, 4-H honoree; commend................................................ 322 HR 1090-- McDonald, Chris, 4-H honoree; commend.................................................. 322 HR 1091-- Hodges, Ernest; commend ........................................................................... 322 HR 1092-- South Fulton County Legislative Day; recognize 2/3/04 ............................ 322 HR 1093-- Wissing, George (Bill) Leo and Dolores (Dee) Ann;
commend...................................................................................................... 322 HR 1094-- Thompson, Jason Ronald; commend........................................................... 322

4564

INDEX

HR 1095-- Low income building projects; separate classification; ad valorem taxes - CA .............................................................. 335, 367, 1104, 1158
HR 1096-- Schools; health education and physical activity; urge funding ...................................................................................... 335, 367, 1294, 1687
HR 1097-- Duke, Sergeant Major Michael Henry; commend....................................... 347 HR 1098-- Judicial taxation; urge Congress to prohibit ........................................ 366, 415 HR 1099-- Garner, Kittie Lancaster; congratulate on 100th birthday............................ 348 HR 1100-- Georgia's Antebellum Trail; recognize 20th anniversary ............................ 348 HR 1101-- Motorcycle Awareness and You Month; recognize May
2004 ............................................................................................................. 348 HR 1102-- Modena, Jerry, Bibb County Sheriff, and his officers;
commend...................................................................................................... 348 HR 1103-- Tufts, David; commend ............................................................................... 348 HR 1104-- Reece, Robert N., Jones County Sheriff, and his
officers; commend ....................................................................................... 348 HR 1105-- Bahama Joe's; commend.............................................................................. 349 HR 1106-- Jones County Emergency Management Agency (EMA);
commend...................................................................................................... 349 HR 1107-- Usry, Nick; commend .................................................................................. 349 HR 1108-- Southeast Regional Fugitive Task Force; commend ................................... 349 HR 1109-- Middle Georgia Drug Task Force; commend.............................................. 349 HR 1110-- West, Mark Charles, Jr.; commend ............................................................. 349 HR 1111-- Lavender, E. C.; commend .......................................................................... 349 HR 1112-- Troup County School System National Board Certified
teachers; commend ...................................................................................... 350 HR 1113-- Charlton County; 150th year anniversary; commend.................................. 350 HR 1114-- Turner, Candace; commend......................................................................... 350 HR 1115-- Jones, Vincent; commend ............................................................................ 350 HR 1116-- Cawthon, Herman; commend ...................................................................... 350 HR 1117-- High school diploma; requirement to hold state office -
CA ........................................................................................................ 366, 415 HR 1118-- House Study Committee on Health Care Bonds; create...................... 367, 415 HR 1119-- Zainaldin, Dr. Jamil S.; Georgia Humanities Council
president; invite to House ............................................................ 372, 769, 776 HR 1120-- Mitchell, Darrion; invite to House............................................... 372, 695, 703 HR 1121-- Prchal, Dr. Jerry; Georgia Optometric Association;
invite to House ............................................................................. 372, 769, 776 HR 1122-- PAGE Day on Capitol Hill; recognize 2/10/04; invite
officers to House.......................................................................... 403, 664, 671

INDEX

4565

HR 1123-- Lewis, Jamal; invite to House...................................................................... 403 HR 1124-- House Study Committee on Pari-mutuel Betting and
Casino Gambling; create...................................................................... 414, 457 HR 1125-- Joint Study Committee on Truck and Highway Safety;
create .................................................................................................... 414, 458 HR 1126-- Dooley, Vince; commend ............................................................................ 426 HR 1127-- Georgia National Fair; commend ................................................................ 426 HR 1128-- Evans, Damon; commend ............................................................................ 426 HR 1129-- King, Firefighter Chad; commend............................................................... 427 HR 1130-- George Walton Academy football team; invite coaches
and players to House.................................................................... 425, 664, 671 HR 1131-- Conservation use property; greenspace; eliminate
acreage limitation - CA........................................................................ 456, 661 HR 1132-- Girls and Women in Sports Day; recognize 2/5/04;
commend Georgia's outstanding women athletes........................................ 436 HR 1133-- Tourism industry in Georgia; commend...................................................... 436 HR 1134-- Downtown Athletic Club; commend ........................................................... 436 HR 1135-- Vopak Terminal Savannah & ST Services; commend ................................ 436 HR 1136-- Digital Image; commend ............................................................................. 437 HR 1137-- Gulfstream Aerospace Savannah; commend ............................................... 437 HR 1138-- Weyerhaeuser; commend............................................................................. 437 HR 1139-- Engelhard Corporation; commend............................................................... 437 HR 1140-- Advertising Specialty Services; commend .................................................. 437 HR 1141-- Atlanta Gas Light; commend....................................................................... 437 HR 1142-- Guy, David; commend................................................................................. 437 HR 1143-- Foley, Blaine; commend .............................................................................. 438 HR 1144-- Firefighters' Recognition Day; recognize 2/3/04;
firefighters of Georgia; commend ............................................................... 438 HR 1145-- Flieg, Nathan; commend.............................................................................. 438 HR 1146-- Oglethorpe Charter School; commend ........................................................ 438 HR 1147-- Cromer, Durward Ross; commend .............................................................. 438 HR 1148-- Brock, Patrick Thomas; commend .............................................................. 438 HR 1149-- Chafin, Lafe Compton; condolences ........................................................... 438 HR 1150-- Winger, Eric R.; commend .......................................................................... 439 HR 1151-- Special license plate; AIDS Survival Project - CA ............................. 456, 661 HR 1152-- Simmons, Carmelita P.; condolences .......................................................... 439 HR 1153-- Swanson, Dr. Olivia Smith; commend ........................................................ 439 HR 1154-- Johnson, Eve; commend .............................................................................. 439 HR 1155-- Carlton, Jean; commend .............................................................................. 439 HR 1156-- Brownlee, Angela; commend ...................................................................... 439

4566

INDEX

HR 1157-- Davenport, Wallace; commend ................................................................... 440 HR 1158-- Fineran, Christine; commend....................................................................... 440 HR 1159-- Williamson, Suzette; commend ................................................................... 440 HR 1160-- Sapp, Melanie C.; commend........................................................................ 440 HR 1161-- Oceanfront Cottage Rentals; commend ....................................................... 440 HR 1162-- Peel, Jan; commend ..................................................................................... 440 HR 1163-- Kicklighter, Lisa; commend ........................................................................ 441 HR 1164-- American Heart Association's "Go Red for Women
Day"; observe 2/6/04 ................................................................................... 441 HR 1165-- McKennie, Horace; condolences ................................................................. 441 HR 1166-- Savannah, City of; Siege of Savannah reenactment
coordinators; commend ............................................................................... 441 HR 1167-- Parry, Bryan; commend ............................................................................... 441 HR 1168-- Mullin, Leo F.; commend ............................................................................ 441 HR 1169-- Dentists and dental hygienists; additional license fees -
CA ........................................................................................................ 457, 661 HR 1170-- Lottery proceeds; purposes; remove capital outlay
projects - CA........................................................................................ 457, 661 HR 1171-- Guido, Dr. Michael; commend .................................................................... 644 HR 1172-- Dixon, Christina; invite to House ................................................ 472, 664, 671 HR 1173-- Troup County School System National Board Certified
Teachers; invite to House ............................................................................ 472 HR 1174-- Cordele-Crisp County Fish Fry; commend
spokesperson; invite cooking team to House............................... 472, 916, 935 HR 1175-- Garrett, Fallon Beth; invite to House........................................... 473, 916, 936 HR 1176-- Forestry Day at the Capitol; recognize 2/10/04; invite
Monte Simpson, Andy Stone, and Steve McWilliams to House ........................................................................................... 473, 732, 739 HR 1177-- Georgia Recreation and Parks Association; invite representatives to House .............................................................. 473, 695, 703 HR 1178-- Garden Club of Georgia, Inc.; commend; invite Jaydee Ager, president, to House ........................................................ 473, 1196, 1200 HR 1179-- Georgia State Bank as the City of Acworth's "Business of the Year"; commend................................................................................ 644 HR 1180-- Pettys, Richard R. "Dick"; commend .......................................................... 644 HR 1181-- Head, Raymond, Jr.; commend; recognize 2/7/04 as "Raymond Head, Jr., Day" in Griffin .......................................................... 644 HR 1182-- State University of West Georgia Cheerleading Teams; commend...................................................................................................... 644 HR 1183-- Cedartown, City of; recognize 150th anniversary ....................................... 644

INDEX

4567

HR 1184-- GHSGT Awareness Day in Savannah, Georgia; proclaim 2/24/04 .......................................................................................... 645
HR 1185-- The Cairo Messenger; 100th birthday; commend ....................................... 645
HR 1186-- Boney, Robert Stephen "Bob"; commend ................................................... 645
HR 1187-- Lifetime and retirement savings accounts; urge Congress enact ..................................................................................... 659, 694
HR 1188-- Atlanta-Fulton County Local Government Restructuring Study Commission; create ............................................ 659, 694
HR 1189-- Special license plates; organ and tissue donation organizations - CA ............................................................................... 660, 694
HR 1190-- John Pelham Memorial Parkway; designate..................... 660, 694, 827, 1083, 3111
HR 1191-- Purple Heart Highway; designate ....................................... 660, 694, 695, 827, 1125, 2610
HR 1192-- Holloway, Amy; invite to House ................................................. 671, 695, 703 HR 1193-- Rules of House; amend Rule 13 ......................................... 692, 724, 730, 967,
1135 HR 1194-- United Nations; urge Congress withdraw United States
membership.......................................................................................... 693, 724 HR 1195-- Family, Career and Community Leaders of America
Week in Georgia; recognize February 8-14, 2004 .............................. 682, 736 HR 1196-- Addison, Joseph; commend ......................................................................... 682
HR 1197-- Sawyer, Christopher Glenn; commend........................................................ 682
HR 1198-- Ronald Reagan Day in Georgia; recognize 2/6/04 ...................................... 682
HR 1199-- Colquitt, Kara; Mrs. Georgia 2003; invite to House ................. 703, 967, 1042
HR 1200-- Buford High School Wolves football team; invite coaches and players to House .................................................. 703, 1634, 1653
HR 1201-- Class action lawsuit process; urge Congress to reform ....................... 724, 765
HR 1202-- Brown, Steve; commend.............................................................................. 704
HR 1203-- Guy, Colonel Robert A.; invite to House ................................ 712, 2081, 2103 HR 1204-- Georgia Rural Health Association; commend; recognize
2/10/04 as Rural Health Day........................................................................ 712 HR 1205-- Partnership for Health and Accountability Day;
recognize 2/26/04......................................................................................... 712 HR 1206-- Gambro Healthcare Unit; commend; recognize 4/18/04
as "Nurse Appreciation Day"....................................................................... 712 HR 1207-- Webster, Billy; commend ............................................................................ 712
HR 1208-- Stokes, Alma; commend .............................................................................. 712
HR 1209-- Cawthon, Reverend Clarence; commend .................................................... 713
HR 1210-- Trott, Lorraine; commend............................................................................ 713
HR 1211-- Ruff, Kim; commend ................................................................................... 713

4568

INDEX

HR 1212-- Smith, Karen; commend .............................................................................. 713 HR 1213-- Phillips, Kimberly; commend...................................................................... 713 HR 1214-- Parham, Oscar; commend ............................................................................ 713 HR 1215-- Owens, Eddie; commend ............................................................................. 714 HR 1216-- Holbrook, Rhonda; commend...................................................................... 714 HR 1217-- Nugent, Melanie; commend......................................................................... 714 HR 1218-- Barton, Janice; commend............................................................................. 714 HR 1219-- Archebelle, Donna; commend ..................................................................... 714 HR 1220-- Branan, Jimmy; commend ........................................................................... 714 HR 1221-- Clements, John; commend........................................................................... 714 HR 1222-- Crawford, Lucille; commend....................................................................... 715 HR 1223-- Evans, Alisha; commend ............................................................................. 715 HR 1224-- Kasprzyk, Randy; commend........................................................................ 715 HR 1225-- Jackson, George; commend ......................................................................... 715 HR 1226-- Harper, Diane; commend............................................................................. 715 HR 1227-- Hill, Kathryn; commend .............................................................................. 715 HR 1228-- Wike, Karen; commend ............................................................................... 716 HR 1229-- Jones, Simone Nicole; commend................................................................. 716 HR 1230-- Pascoe, Craig; commend ............................................................................. 716 HR 1231-- Thompson, Erik; commend ......................................................................... 716 HR 1232-- Farley, Edge; commend ............................................................................... 716 HR 1233-- Griffeth, Hank; commend ............................................................................ 716 HR 1234-- Richeson, Don; commend............................................................................ 717 HR 1235-- Smith, Eugene; commend ............................................................................ 717 HR 1236-- Stalb, Michael; commend ............................................................................ 717 HR 1237-- Colquitt, City of; selection as Georgia Municipal
Association "City of Excellence"; commend .............................................. 717 HR 1238-- Drinkwater, Ms. Ruby Smith; commend..................................................... 717 HR 1239-- Skelton, W. Douglas, MD; commend.......................................................... 738 HR 1240-- Hanady, Honorable Anmar; invite and welcome to
Atlanta during July 1-5, 2004 ................................................. 739, 1609, 1653 HR 1241-- Duke, Nellie; commend ............................................................................... 753 HR 1242-- Colquitt, Kara; commend............................................................................. 753 HR 1243-- Hatcher, Mr. and Mrs. Roy; commend ........................................................ 753 HR 1244-- Keshi, Honorable Joe; commend................................................................. 754 HR 1245-- Nutt, Army Sergeant David Terrell; condolences ....................................... 754 HR 1246-- Turner, Traci Lynnette Trammell; condolences .......................................... 754 HR 1247-- Buford High School Wolves football team; commend ............................... 754 HR 1248-- Bell, Gregory Stauffer; commend................................................................ 754

INDEX

4569

HR 1249-- Sentell, Professor R. Perry, Jr.; commend ................................................... 754
HR 1250-- GAE Legislative Conference Day; recognize 2/16/04 ................................ 755
HR 1251-- Social Work Student Lobby Day; 2/12/04; Professional Social Work Month; March 2004 ................................................................ 755
HR 1252-- Smith, William E. "Wes"; commend ........................................................... 755
HR 1253-- Etheridge, Chief Master Sergeant James Edward, Jr.; commend...................................................................................................... 755
HR 1254-- Mansfield, City of; commend ...................................................................... 755
HR 1255-- Bible in Literature and History; elective course; urge local boards .......................................................................................... 763, 840
HR 1256-- National preserve; Ocmulgee and Altamaha Rivers; urge Congress to create............................................................. 764, 840, 1053, 1564
HR 1257-- Attendance zone planning; school construction; urge DeKalb County reassess ........................................................... 764, 840, 1294, 1297
HR 1258-- Governor and Lieutenant Governor; run as a team; powers - CA ......................................................................................... 764, 840
HR 1259-- Youth Leadership Fayette and Fayette Chamber of Commerce; commend .................................................................................. 822
HR 1260-- Georgia Association of Educators; invite representatives to House .............................................................. 777, 876, 883
HR 1261-- Georgia Federation of Teachers; invite officers to House ........................................................................................... 777, 862, 883
HR 1262-- Burke j Veterans Parkway; designate............................. 838, 873, 875, 1341, 1704, 3111
HR 1263-- Information technology; urge assistance of consulting firms .......................................................................................... 839, 873, 1243, 1599
HR 1264-- Education funding; repeal ad valorem tax; impose sales tax - CA........................................................................................ 839, 873, 876
HR 1265-- Education funding; repeal ad valorem tax; impose sales tax - CA................................................................................................ 840, 873
HR 1266-- Adjournment; relative to.............................................................................. 820
HR 1267-- Tumlin, Jennifer; commend......................................................................... 822
HR 1268-- Thackston, John; commend ......................................................................... 822
HR 1269-- Cardell, Jeff; commend................................................................................ 823
HR 1270-- Williams, Jay; commend.............................................................................. 823
HR 1271-- Kent, Randall H.; commend ........................................................................ 823
HR 1272-- Taylor, Donald; commend ........................................................................... 823
HR 1273-- Wyland, Chris; commend ............................................................................ 823

4570

INDEX

HR 1274-- Shasteen, Joel; commend............................................................................. 823 HR 1275-- Shasteen, Richard; commend....................................................................... 823 HR 1276-- McNabb, United States Navy Captain Jerry E.;
commend...................................................................................................... 824 HR 1277-- Benson's, Inc.; commend ............................................................................. 824 HR 1278-- Pennington Seed Company; commend........................................................ 824 HR 1279-- Buckhead, City of; commend ...................................................................... 824 HR 1280-- Bogart, City of; commend ........................................................................... 824 HR 1281-- Ware, Stephanie and Clay; commend.......................................................... 824 HR 1282-- The First Baptist Church, Columbus; commend ......................................... 824 HR 1283-- Hughes, Mary Sallie Clark; invite to House............................ 846, 1394, 1404 HR 1284-- DeGarmo, Diana; invite to House ............................................... 846, 916, 936 HR 1285-- Vivelo 2004; commend................................................................................ 857 HR 1286-- Kettle Creek Chapter of the Georgia Society, Daughters
of the American Revolution; commend....................................................... 857 HR 1287-- National Eating Disorders Awareness Week; recognize
February 22-29, 2004................................................................................... 858 HR 1288-- Ferguson, Honorable Charles; commend .................................................... 858 HR 1289-- Cartersville/Bartow Chamber of Commerce Day;
recognize 3/2/04........................................................................................... 858 HR 1290-- Raney, William; condolences ...................................................................... 858 HR 1291-- Eckerd Youth Alternatives; commend......................................................... 858 HR 1292-- Bowman, James A. "Jimmy"; condolences ................................................. 858 HR 1293-- Brookview Elementary School Ambassadors; commend............................ 858 HR 1294-- McNamara, Corry; commend ...................................................................... 859 HR 1295-- Newborn, City of; commend ....................................................................... 859 HR 1296-- Bostwick, City of; commend ....................................................................... 859 HR 1297-- Good Hope, City of; commend.................................................................... 859 HR 1298-- Rutledge, City of; commend........................................................................ 859 HR 1299-- West, Ashley Elizabeth and Matthew Paul Brigham;
commend...................................................................................................... 859 HR 1300-- M. E. Freeman Elementary School; commend............................................ 859 HR 1301-- Georgia Concrete and Products Association and
members; commend..................................................................................... 860 HR 1302-- Ingram, Honorable Edith; commend ........................................................... 860 HR 1303-- New Hope Baptist Church and Reverend Rufus H.
Burns; commend .......................................................................................... 860 HR 1304-- Centennial Baptist Church and Reverend Wilburn M.
Hill; commend ............................................................................................. 860

INDEX

4571

HR 1305-- Markley, Sheriff Robert and members of Morgan County Sheriff's Office; commend .............................................................. 860
HR 1306-- Nichols, Sheriff Joseph and members of Newton County Sheriff's Office; commend .............................................................. 860
HR 1307-- Disabled persons; home and community based services; urge certain funding .................................................................. 871, 924, 1721, 2497
HR 1308-- Atlanta Regional Commission; certain counties; ratify partial incorporation.................................................................. 871, 924, 1103, 1224, 3099
HR 1309-- Joint Study Committee on Tobacco Tax Evasion; create.................... 871, 924
HR 1310-- Alan Jackson Highway; designate ..................................... 871, 924, 928, 1341
HR 1311-- George W. Potts Highway; designate................................ 872, 924, 929, 1341
HR 1312-- Bringing America Home Act; end homelessness; express support .................................................................................... 872, 924
HR 1313-- Judicial nominations; urge U.S. Senate support floor vote....................................................................................................... 873, 924
HR 1314-- Bruton Smith Parkway; designate ....................................................... 922, 965
HR 1315-- Billy Jiles Memorial Highway; designate.......................... 923, 965, 966, 1341
HR 1316-- Breeden, Dr. Kenneth H.; invite to House............................... 883, 1441, 1473
HR 1317-- State University of West Georgia cheerleaders; invite coaches and members to House................................................................... 883
HR 1318-- Stunzi, Joseph; invite to House................................................ 884, 1724, 1737
HR 1319-- Carrollton High School Competitive Cheerleading Squad; invite team and coaches to House................................ 884, 1196, 1201
HR 1320-- Albany-Dougherty County Day at state capitol; 2/17/04; invite officials to House ................................................ 884, 916, 936
HR 1321-- Boys and Girls Clubs; certain members; British Consulate-General; certain English teens; commend; invite to House ......................................................................... 884, 1075, 1080
HR 1322-- Special license plates; revenue dedication; certain nonprofit organizations - CA .................................................... 923, 965, 1242, 1410
HR 1323-- CLEAR Act of 2003; H.R. 2671; urge Congress enact....................... 923, 965
HR 1324-- Proposal for September 2006 Start of Commuter Rail from Lovejoy on the Macon Line to Atlanta; express support ................................................................................................. 924, 965
HR 1325-- Orr, John Thomas; commend ...................................................................... 914
HR 1326-- Callaway, Cason J., Jr.; Callaway Blue Springs Water Company; commend .................................................................................... 914
HR 1327-- State University of West Georgia cheerleaders; commend...................................................................................................... 914

4572

INDEX

HR 1328-- Lee, Vicki; commend................................................................................... 914
HR 1329-- Parkman, Stanley and Mary; commend....................................................... 915
HR 1330-- North Fayette Community Association, Inc.; commend ............................. 915
HR 1331-- Habitat for Humanity affiliates; commend; recognize 9/18/04 as Habitat for Humanity Day.......................................................... 915
HR 1332-- Parkview High School wrestling team; commend ...................................... 915
HR 1333-- Warwick, City of; recognize as Grits Capital of Georgia............................ 915
HR 1334-- Georgia Hospital Association; commend .................................................... 915
HR 1335-- Carter, James; Mayor of Woodland; commend; recognize 2/22/04 as "James Carter Day".................................................... 916
HR 1336-- Ad valorem tax; millage rate and property value; limit increases - CA.................................................................................... 964, 1068
HR 1337-- Keshi, Honorable Joe, Consul-General of Nigeria; invite to House; "Africa Day" at capitol; recognize 2/20/04 ..................................................................................... 936, 1103, 1139
HR 1338-- Poythress, Major General David; invite to House; "National Guard Day"; recognize 3/5/04................................. 936, 1282, 1302
HR 1339-- Griffin, Quentin; commend ......................................................................... 950
HR 1340-- SafePath Children's Advocacy Center, Inc.; invite representatives to House .......................................................... 950, 1709, 1737
HR 1341-- Bruton Smith Parkway; designate .......................................... 964, 1068, 1073, 1341, 1704, 2610
HR 1342-- Stewart, Tony; invite to House ................................................ 951, 1634, 1654
HR 1343-- U.S. Constitution; prior calls for convention to amend; rescind and repeal ................................................................... 964, 1068, 1073, 1394, 1842, 3492
HR 1344-- University System; urge Board of Regents to retain textbooks for 6 semesters......................................................... 965, 1068, 1379
HR 1345-- Rules of House; add Rule 121.1 ........................................... 1065, 1114, 1119, 1196, 1227
HR 1346-- Education; standard grading system for K-12; urge Board study issue .................................................................. 1065, 1114, 1228, 1368
HR 1347-- L.O.C.A. (Leave Our Children Alone) Alert; encourage cellular and internet participation .................................................... 1066, 1114
HR 1348-- Ten Commandments; display; Pledge of Allegiance and national motto; right to recite - CA........................................ 1066, 1114, 2081
HR 1349-- Rembert Olen McAfee Bridge; designate............................. 1066, 1114, 1121, 1341, 1605, 3111
HR 1350-- Stelling, Kessel; commend ........................................................................ 1048
HR 1351-- Emergency Medical Services (EMS) Recognition Day; observe 2/26/04.......................................................................................... 1049

INDEX

4573

HR 1352-- Moore, Clayton Thomas; condolences ...................................................... 1049 HR 1353-- Talbot County; commend and recognize Talbot County
Day on 3/5/04............................................................................................. 1049 HR 1354-- Tillman, Carrie; commend on 102nd birthday .......................................... 1049 HR 1355-- NASCAR Day; designate 3/11/04; recognize
participants................................................................................................. 1049 HR 1356-- Langdale, Dr. George W.; condolences..................................................... 1049 HR 1357-- Southeastern Regional Association of Ministers' Wives
and Widows; commend ............................................................................. 1050 HR 1358-- Norfolk Southern; commend; recognize February as
"African American Railroader Month" ..................................................... 1050 HR 1359-- Triplett, David; commend.......................................................................... 1050 HR 1360-- Cohen, Daniel S.; commend ...................................................................... 1050 HR 1361-- Gilleon, Roy L. Jr.; commend ................................................................... 1050 HR 1362-- Hollis, Jerry II; commend .......................................................................... 1050 HR 1363-- Wade, Claude Milton; commend on 95th birthday ................................... 1050 HR 1364-- Waters, Dr. Donald B.; commend ............................................................. 1051 HR 1365-- James Virgil Johnson Bridge; recognize honorary
designation; Bacon County........................................................................ 1051 HR 1366-- Brantley County School Nutrition Program; commend ............................ 1051 HR 1367-- Jackson, George "Action"; condolences.................................................... 1051 HR 1368-- Permar, Steven; commend ......................................................................... 1051 HR 1369-- Wilbanks, Danny; condolences ................................................................. 1051 HR 1370-- House Protection from the Dangers of
Methamphetamine Manufacture Study Committee; create ..................................................................................... 1067, 1114, 1467,
2988 HR 1371-- Education funding; ad valorem tax relief; impose 1
percent sales tax - CA ............................................................ 1067, 1114, 1121 HR 1372-- Education funding; ad valorem tax relief; impose 1
percent sales tax - CA ...................................................................... 1068, 1114 HR 1373-- Julien B. Roddenbery, Sr. Memorial Drive; designate......... 1113, 1148, 1150,
1341, 1806, 3111 HR 1374-- Evans, Damon; invite to House ................................................................. 1080 HR 1375-- Immigration; urge comprehensive federal reform........................... 1113, 1149 HR 1376-- Gray, Glenn and Helen; commend ............................................................ 1091 HR 1377-- Westlake High School; 2004 graduating class;
commend.................................................................................................... 1092 HR 1378-- Thacker, Kaitlyn; commend ...................................................................... 1092 HR 1379-- Public Health, Georgia Department of; commend .................................... 1092 HR 1380-- Rucker, Reverend Raleigh; commend ....................................................... 1092

4574

INDEX

HR 1381-- Strickland, Charles and Louise; commend ................................................ 1092 HR 1382-- Waters, Reverend James W. "Jimmy"; condolences ................................. 1092 HR 1383-- Hasty, Honorable William G. "Bill", Sr.; invite family
to House ................................................................................. 1139, 1380, 1381 HR 1384-- Laney, Matthew Scott; commend .............................................................. 1137 HR 1385-- Swett, Joel Clayton; commend .................................................................. 1137 HR 1386-- North Georgia College and State University male choral
group, the Patriot Choir; commend ........................................................... 1137 HR 1387-- Womack, Jenny; commend........................................................................ 1137 HR 1388-- Kleppe, Kyle Lee; commend ..................................................................... 1137 HR 1389-- Lanier County Elementary School; commend........................................... 1138 HR 1390-- Sellars, Monnie; commend ........................................................................ 1138 HR 1391-- Harris, Bernita C.; commend ..................................................................... 1138 HR 1392-- Scott, Cortez T.; commend ........................................................................ 1138 HR 1393-- Lyndall, Terri M. and William G. Consiglio; commend ........................... 1138 HR 1394-- "For the Kid in All of Us Day"; recognize 2/27/04 ................................... 1138 HR 1395-- Kinnamon, Matthew Ryan; commend....................................................... 1138 HR 1396-- Effingham County Day; recognize 2/23/04............................................... 1171 HR 1397-- Giesler, Lieutenant Luther Jackson; commend ......................................... 1180 HR 1398-- Searcy, Major General William N.; commend .......................................... 1180 HR 1399-- Georgia Association of Private Providers; commend................................ 1180 HR 1400-- Adjournment; relative to.................................................................. 1174, 1198 HR 1401-- Dove hunting; state-wide uniform open season dates;
urge adoption ........................................................................ 1189, 1239, 1242, 1427
HR 1402-- Regional development centers; ratify boundaries................. 1189, 1239, 1306, 1426, 3492
HR 1403-- State and local governments; display Ten Commandments and acknowledge God; encouraging .......... 1238, 1291, 2081
HR 1404-- Joy N. Kleeman Memorial Bikeway; designate ................... 1191, 1239, 1241, 1341, 1698, 3112
HR 1405-- Silver-Haired Legislature; invite representatives to House ..................................................................................... 1275, 1467, 1474
HR 1406-- Tyus, Wyomia; commend.......................................................................... 1277 HR 1407-- Kelsey, Andrew Zadok "A.Z."; honor life and legacy .............................. 1278 HR 1408-- Babcock, Jonathan Michael; commend ..................................................... 1278 HR 1409-- Weisner, Dr. Paul J.; commend ................................................................. 1278 HR 1410-- Thomas, Reverend Paul; commend; recognize 2/29/04
as Paul Thomas Day at First Baptist Church in Tifton.............................. 1278

INDEX

4575

HR 1411-- Walker School Wolverines Girls Soccer Team; commend.................................................................................................... 1278
HR 1412-- Walker School Lady Wolverines Tennis Team; commend.................................................................................................... 1278
HR 1413-- Nether, Wayman; condolences .................................................................. 1279 HR 1414-- Nether, Howard W.; condolences.............................................................. 1279 HR 1415-- Ausby, Thomas; condolences .................................................................... 1279 HR 1416-- Cole, Deacon Dan, Sr.; condolences ......................................................... 1279 HR 1417-- Cook, Addie C., Sr.; condolences.............................................................. 1279 HR 1418-- Mitchell, Willa; commend ......................................................................... 1279 HR 1419-- House Septage Disposal Study Committee; create.......................... 1288, 1337 HR 1420-- Uncompensated trauma care; trust fund to pay hospitals
- CA....................................................................................... 1289, 1337, 1466, 2250
HR 1421-- Counties and municipalities; authorize; pari-mutuel betting and casino gambling - CA ................................................... 1289, 1337
HR 1422-- Okefenokee Trail; designate .................................................. 1289, 1337, 1338 HR 1423-- Webster, Charles B.; invite to House..................................... 1303, 1551, 1566 HR 1424-- Memorialize Congress; constitutional amendment
prohibiting judicially imposed taxes................................................ 1335, 1393 HR 1425-- Solid Waste and Hazardous Water Response Trust
Fund; create - CA.................................................................. 1290, 1337, 1466, 2362
HR 1426-- Carpenter, Rob; commend ......................................................................... 1307 HR 1427-- Owings, Micah; commend......................................................................... 1307 HR 1428-- Watkins, Amanda; commend..................................................................... 1307 HR 1429-- Georgia Federation of Women's Clubs; commend.................................... 1307 HR 1430-- Barnes, Coach Gerald; commend .............................................................. 1307 HR 1431-- Dacula Middle School; commend ............................................................. 1307 HR 1432-- Collins Hill High School Boys Swim and Diving Team;
commend.................................................................................................... 1308 HR 1433-- Grayson Elementary School; commend .................................................... 1308 HR 1434-- Senior week at the Capitol; recognize March 1-5, 2004 ........................... 1308 HR 1435-- McKinnon, Jeb Stewart; commend............................................................ 1308 HR 1436-- Sawyer, Andrew Garrette; commend ........................................................ 1308 HR 1437-- Martin, Jesse Adam; commend.................................................................. 1308 HR 1438-- Buckhead Chapter of AARP; invite to House ....................... 1310, 1467, 1474 HR 1439-- Equal Pay Day; designate 3/4/04..................................................... 1336, 1393 HR 1440-- Bill Conn Parkway; designate .............................................. 1336, 1393, 1725,
2334, 3112

4576

INDEX

HR 1441-- Savannah St. Patrick's Day Parade; invite certain persons to House.................................................................... 1321, 1380, 1381
HR 1442-- Confederate History and Heritage Month; confederate memorials; designate ....................................................................... 1336, 1393
HR 1443-- Milton High School boys tennis team; invite team and coach to House....................................................................... 1328, 1340, 1351
HR 1444-- Siegel, Dr. Betty; invite to House; Adult Learner Student Organization; commend; "Adult Learner Day"; recognize 4/9/04............................................................................... 1351, 2173
HR 1445-- Joint Study Committee on Economic Development of the Lower Muscogee Creek Indian Tribe and Southwest Georgia; create................................................................................. 1390, 1457
HR 1446-- Edenfield, Billy G.; commend ................................................................... 1378
HR 1447-- Marshall, Marie Bell; commend on 100th birthday .................................. 1378
HR 1448-- Georgia Association of Educational Leaders; commend .......................... 1378
HR 1449-- Anderson, Andy, Nimesh Patel, Scott Wiginton, Matthew Battaglia, Austin Hutchinson, and John Bailey Jr.; commend on heroic action................................................................... 1378
HR 1450-- Cook, Charles M. "Chuck", Jr.; commend ................................................ 1378
HR 1451-- Atlanta Motor Speedway Day; designate 3/11/04 ..................................... 1379
HR 1452-- Houck, Police Chief Ronald H.; commend ............................................... 1379
HR 1453-- Thankful Missionary Baptist Church and Reverend Jack Marks; commend ....................................................................................... 1379
HR 1454-- Max R. Davey Bridge; designate.......................................... 1391, 1457, 1460, 1725, 2335, 3112
HR 1455-- C. L. Mapp Bridge; designate............................................... 1391, 1457, 1461, 1726, 2335, 3112
HR 1456-- Chief J. A. Fountain Bridge; designate................................. 1391, 1457, 1461, 1726, 2335, 3112
HR 1457-- Public funding; social services by religious organizations - CA ................................................................ 1392, 1457, 1461, 2081, 2374
HR 1458-- Georgia Peach Festival; commend; invite 2003 Georgia Peach Queens to House.......................................................... 1405, 1441, 1473
HR 1459-- House Agricultural Research, Extension, and Teaching Programs Study Committee; create ...................................... 1454, 1624, 1719, 2977
HR 1460-- Bob Fulton Memorial Highway; designate........................... 1440, 1457, 1462, 1725, 2335, 3112
HR 1461-- Collins, Georgia Congressman Mac; commend ........................................ 1437
HR 1462-- Collins, Honorable Marcus E., Sr.; commend ........................................... 1438
HR 1463-- Fitzgerald, Fire Chief Guy; commend ....................................................... 1438

INDEX

4577

HR 1464-- Maxwell High School of Technology; commend...................................... 1438 HR 1465-- Hanks, Dr. (LTC) James W.; commend .................................................... 1438 HR 1466-- Robertson, Judge Charles; Cherokee County Chief
Magistrate; commend ................................................................................ 1438 HR 1467-- Wimberley, Audrey; commend ................................................................. 1438 HR 1468-- Stockbridge High School Tiger Marching Band;
commend.................................................................................................... 1439 HR 1469-- Forrest "Preacher" Sawyer Memorial Parkway;
designate ............................................................................... 1454, 1624, 1631, 1725, 2336, 3112
HR 1470-- Marriage; union of a man and a woman - CA ....................... 1455, 1624, 1631 HR 1471-- Adjournment; relative to.................................................................. 1540, 1568 HR 1472-- Johnny Wayne Spivey Bridge; designate ............................. 1455, 1624, 1632,
1726, 2336, 3112 HR 1473-- Ricky L. Crockett Bridge; designate .................................... 1456, 1624, 1633,
1726, 2336, 3113 HR 1474-- House Trauma Network Study Committee; create............... 1620, 1718, 2081,
2980 HR 1475-- House Local School District Development Impact Fees
Study Committee; create.................................................................. 1621, 1719 HR 1476-- Phillips, Lindsey Nicole; commend........................................................... 1542 HR 1477-- Gupta, Monique; commend ....................................................................... 1542 HR 1478-- Boyle, David C.; commend ....................................................................... 1542 HR 1479-- Lackey, Dennis E.; commend .................................................................... 1542 HR 1480-- Daniel, Josie Neshelle; commend.............................................................. 1542 HR 1481-- Heyman, Heather Elizabeth; commend ..................................................... 1543 HR 1482-- Cash, Joy L.; commend ............................................................................. 1543 HR 1483-- Chambliss, Nerissa; commend................................................................... 1543 HR 1484-- Raynor, Jennifer L.; commend .................................................................. 1543 HR 1485-- Lanier, Mallory Layne; commend ............................................................. 1543 HR 1486-- Davis, Johnathan M.; commend ................................................................ 1544 HR 1487-- Donaldson, Charles R.; commend ............................................................. 1544 HR 1488-- Raykin, Julia; commend ............................................................................ 1544 HR 1489-- Omonuwa, Toma S.; commend ................................................................. 1544 HR 1490-- Crosby, Stacie Renee; commend ............................................................... 1544 HR 1491-- Thornton, Cynthia; commend .................................................................... 1544 HR 1492-- McGee, Barry; commend........................................................................... 1545 HR 1493-- Okpala, Jane A.; commend ........................................................................ 1545 HR 1494-- Sheppard, Gareth R.; commend................................................................. 1545 HR 1495-- Linh Uyen Thi Tran; commend ................................................................. 1545

4578

INDEX

HR 1496-- Stewart, Lindsey R.; commend.................................................................. 1545 HR 1497-- Ware, Robert Calhoun; commend ............................................................. 1546 HR 1498-- Patel, Yogin P.; commend ......................................................................... 1546 HR 1499-- Vandergriff, Jeremy S.; commend............................................................. 1546 HR 1500-- Marshall, Aksana; commend ..................................................................... 1546 HR 1501-- Hill, Cori; commend .................................................................................. 1546 HR 1502-- Berl, Scott D.; commend ........................................................................... 1546 HR 1503-- Joiner, Brian Joseph; commend................................................................. 1547 HR 1504-- Watson, Brent; commend .......................................................................... 1547 HR 1505-- Shepherd, Cynthia Lester; commend......................................................... 1547 HR 1506-- Thompson, Rita C.; commend ................................................................... 1547 HR 1507-- Marshall, Nicholas M.; commend ............................................................. 1547 HR 1508-- Price, Daniel B.; commend ........................................................................ 1548 HR 1509-- Francis, Kevin L.; commend ..................................................................... 1548 HR 1510-- Long-term care partnership plans; Social Security Act;
urge Congress delete deadline ......................................................... 1621, 1719 HR 1511-- White, Marcus; commend.......................................................................... 1548 HR 1512-- Southern Order of Storytellers; Georgia Storytelling
Week; November 14-20, 2004................................................................... 1548 HR 1513-- Carpenter, Robert Gaines, Jr.; commend................................................... 1548 HR 1514-- Greene, Dr. Michael; commend................................................................. 1548 HR 1515-- Kirkland, George M., Jr.; commend .......................................................... 1548 HR 1516-- Peanut industry; Peanut Butter and Jelly Day at the
Capitol; 3/10/04 ......................................................................................... 1549 HR 1517-- Horton, Van and Donna; commend ........................................................... 1549 HR 1518-- Georgia Assembly of Community Arts Agencies;
commend.................................................................................................... 1549 HR 1519-- State Use Program; "Works Wonders Day"; recognize
3/12/04 ....................................................................................................... 1549 HR 1520-- Tudor, Jim; commend ................................................................................ 1549 HR 1521-- House; commend staff on 2004 Regular Session ...................................... 1549 HR 1522-- GeorgiaSaves program; commend............................................................. 1550 HR 1523-- Hancock Central Middle School Lady Bulldogs
basketball team; commend......................................................................... 1550 HR 1524-- Hancock Central High School junior varsity boys'
basketball team; commend......................................................................... 1550 HR 1525-- Hubbard, Linda B.; commend ................................................................... 1550 HR 1526-- Ringgold High School Wrestling Team; invite team and
coach to House....................................................................... 1567, 2907, 2915 HR 1527-- Ferguson, John A., Jr.; invite to House...................................................... 1567

INDEX

4579

HR 1528-- Ryder, Carolyn; commend......................................................................... 1550 HR 1529-- House Cervical Cancer Study Committee; create ........................... 1621, 1719 HR 1530-- Aaron Cohn Regional Youth Detention Center;
designate ............................................................................... 1621, 1719, 1725, 2336, 3113
HR 1531-- Sloan, Dr. Bill; invite to House ............................................. 1654, 1668, 1737 HR 1532-- Gainesville High School Lady Red Elephants basketball
team; invite team to House .................................................... 1654, 1668, 1738 HR 1533-- American Red Cross Month; proclaim March, 2004;
invite representatives to House.............................................. 1654, 1668, 1685 HR 1534-- William Ira (W.I.) Still, Jr., Highway; designate............................. 1623, 1719 HR 1535-- Public funding of social services by religious or
sectarian institutions; allow - CA .................................................... 1623, 1719 HR 1536-- Joint Study Committee on Adult and Childhood Obesity
and Prevention; create...................................................................... 1624, 1719 HR 1537-- African Society of the National Summit on Africa
Recognition Day; recognize March 12 annually ............................. 1654, 1719 HR 1538-- Clayton County Police Department's Highway
Enforcement Against Traffic Unit and Captain Tom Israel; invite members to House ................................................................ 1655 HR 1539-- Freeman, Lieutenant Colonel Myron E.; commend .................................. 1663 HR 1540-- Communities In Schools of Georgia, Inc.; commend ............................... 1663 HR 1541-- Cobb County Day at the Capitol; recognize 3/26/04................................. 1663 HR 1542-- Miller, Robert Jason; commend................................................................. 1663 HR 1543-- National Awareness of Vascular Birthmarks Day; recognize 5/15/04....................................................................................... 1663 HR 1544-- Children Christian Home and Family Resource Center, Inc.; commend ........................................................................................... 1664 HR 1545-- American Pride Through Education, Inc.; commend ................................ 1664 HR 1546-- Killian, Judge William R.; commend ........................................................ 1664 HR 1547-- Allen, Mark; Butts County's 2004 STAR Teacher; commend.................................................................................................... 1664 HR 1548-- National Fatherhood Initiative; commend ................................................. 1664 HR 1549-- Williams, Hyron Lorenzo; condolences .................................................... 1664 HR 1550-- Corrie, Ms. Rachel; condolences ............................................................... 1665 HR 1551-- Smith, Willie Albert; condolences............................................................. 1665 HR 1552-- Lance, Curtis M. "Curt"; condolences ....................................................... 1665 HR 1553-- Schloss, Eva Geiringer; commend............................................................. 1665 HR 1554-- Levitas, Dr. Theodore; commend .............................................................. 1665 HR 1555-- Georgia Perimeter College; commend....................................................... 1665 HR 1556-- Gamble, Wilbur; commend ....................................................................... 1666

4580

INDEX

HR 1557-- Durham Middle School Symphonic Band and Director Michelle Rickard; commend...................................................................... 1666
HR 1558-- Clayton County Fire Department 2003 award winners; commend.................................................................................................... 1666
HR 1559-- Clayton County Police Department; commend ......................................... 1666
HR 1560-- Clayton County Teacher of the Year finalists; commend.......................... 1666
HR 1561-- Clayton County 2004 STAR students and STAR teachers; commend .................................................................................... 1666
HR 1562-- Coleman, Stephen; commend .................................................................... 1667
HR 1563-- Frisch, Michael Alan; commend................................................................ 1667
HR 1564-- Frisch, Matthew Aaron; commend ............................................................ 1667
HR 1565-- Clark, Ed; commend .................................................................................. 1667
HR 1566-- Adams, Honorable Willie, Jr.; commend .................................................. 1667
HR 1567-- Air Land Emergency Resource Team, International ALERT Academy; commend .................................................................... 1667
HR 1568-- Coastal Manor Long Term Care Facility; commend and invite representatives to House.............................................. 1685, 1827, 1840
HR 1569-- Metropolitan Atlanta area criminal gang policy and review committee; urge creation .......................................... 1718, 1822, 2901, 3264
HR 1570-- Xuefei Zhou, Falun Gong practitioner; invite to House............................ 1706
HR 1571-- Flowery Branch High School Lady Falcons basketball team; commend.......................................................................................... 1777
HR 1572-- Wagner, Dr. James Warren; commend...................................................... 1777
HR 1573-- South Gwinnett High School boys' basketball team; invite players and coaches to House...................................... 1757, 1863, 1867
HR 1574-- West Georgia Wolverines; invite team to House .................. 1757, 2570, 2611
HR 1575-- Adjournment; relative to.................................................................. 1738, 1837
HR 1576-- House Atlanta-Fulton County Local Government Restructuring Study Committee; create........................................... 1820, 2080
HR 1577-- Troup County; collection of ad valorem taxes; urge to resolve dispute ...................................................................... 1821, 2080, 2447, 2452, 2957
HR 1578-- Teacher-student ratios; kindergarten and grades onethree in public schools - CA ............................................................ 1821, 2080
HR 1579-- House Solid Waste Management Study Committee; create ..................................................................................... 1821, 2080, 2446, 2991
HR 1580-- House Study Committee on Adult and Childhood Obesity and Prevention; create ............................................. 1821, 2080, 2907, 3733

INDEX

4581

HR 1581-- House Study Committee on Carbon Monoxide Poisoning; create.............................................................................. 1822, 2080
HR 1582-- Citizens Bank; 100th anniversary; commend ............................................ 1779 HR 1583-- Georgia Fire Service long-range improvement program;
express support .......................................................................................... 1779 HR 1584-- "Boy Scout Day in Georgia"; recognize 3/15/04....................................... 1779 HR 1585-- Battery D of the 214th Coast Artillery Anti-Aircraft
Regiment; recognize men who served....................................................... 1779 HR 1586-- Duke, Judith; commend ............................................................................. 1780 HR 1587-- Armstrong, Austin; condolences; "Austin Armstrong
Day"; recognize 3/20/04 ............................................................................ 1780 HR 1588-- Alvarado, Bryan, T. J. Greer, Alberto Tabizon, and
Hang Tran; commend ................................................................................ 1780 HR 1589-- Holmes, Geraldine Edmond; condolences................................................. 1780 HR 1590-- Rotary Club of Madison County; commend.............................................. 1780 HR 1591-- Looney, Reginald; commend..................................................................... 1780 HR 1592-- Synan, Jessica Elaine; commend ............................................................... 1781 HR 1593-- Josey, Dr. Angie; commend....................................................................... 1781 HR 1594-- Mize, Suzanne; commend.......................................................................... 1781 HR 1595-- Fleming, Helen; commend......................................................................... 1781 HR 1596-- Kay, NeeNee; commend ............................................................................ 1781 HR 1597-- Rousey, Barbara; commend....................................................................... 1781 HR 1598-- Martorell, Gay; commend.......................................................................... 1781 HR 1599-- Certain, Michael James; commend............................................................ 1781 HR 1600-- Franklin County; Future Farmers of America national
championship floriculture team and advisor; commend............................ 1781 HR 1601-- Thomason, Owen; commend ..................................................................... 1782 HR 1602-- Bradshaw, Charles; commend ................................................................... 1782 HR 1603-- Reynolds, Steve; commend ....................................................................... 1782 HR 1604-- Oglesby, R. D.; 100th birthday; commend ................................................ 1782 HR 1605-- McCall, Burroughs Buchanan; condolences.............................................. 1782 HR 1606-- Chitwood, Lonnie Hermon; condolences .................................................. 1782 HR 1607-- Poole, Charles J.; condolences................................................................... 1782 HR 1608-- Loftin, William Owen; condolences.......................................................... 1783 HR 1609-- Carter, William O.; condolences ............................................................... 1783 HR 1610-- Milford, Jon David, Sr.; condolences ........................................................ 1783 HR 1611-- Milford, William Carey; condolences ....................................................... 1783 HR 1612-- Bell, Clay Finn; condolences..................................................................... 1783 HR 1613-- Adams, James Lewis; condolences............................................................ 1783 HR 1614-- Worley, Mayor Janie; condolences............................................................ 1783

4582

INDEX

HR 1615-- Dudley, Captain Calvin C., Sr.; condolences ............................................ 1784 HR 1616-- Franklin County Young Farmers; commend ............................................. 1784 HR 1617-- Robinson, Jamie; commend....................................................................... 1784 HR 1618-- Gault, Honorable Richard S.; condolences................................................ 1784 HR 1619-- Crisp, Kristen; commend ........................................................................... 1784 HR 1620-- Gray, Betty; commend; Betty Gray Day; recognize
3/23/04 ....................................................................................................... 1784 HR 1621-- Hancock County, Bank of; commend........................................................ 1784 HR 1622-- Old Pleasant Hill Baptist Church; restoration project;
commend.................................................................................................... 1785 HR 1623-- Boy Scout Troop 383; commend............................................................... 1785 HR 1624-- Patrick, Reverend Dr. Bill L., Sr.; commend............................................. 1785 HR 1625-- Tucker, Henry Roy; commend on 107th birthday ..................................... 1864 HR 1626-- Joint Legislative and Congressional Redistricting Study
Committee; create ............................................................................ 1812, 1822 HR 1627-- Macon Bears and Clayton Eagles wheelchair basketball
teams; invite teams and coaches to House............................. 1796, 2476, 2482 HR 1628-- Disabled American Veterans Intersection; designate ........... 1812, 1822, 1826,
1978 HR 1629-- Joint Study Committee on Truck Safety on the
Highways; create.............................................................................. 1822, 2081 HR 1630-- House Study Committee on Truck Safety on the
Highways; create.............................................................................. 2080, 2440 HR 1631-- Wooten, Tom; commend ........................................................................... 1864 HR 1632-- Frisch, Matthew Aaron; commend ............................................................ 1864 HR 1633-- Frisch, Michael Alan; commend................................................................ 1865 HR 1634-- Strickland, Judge Joe C.; commend........................................................... 1865 HR 1635-- Goodman, Gwendolyn P.; condolences..................................................... 1865 HR 1636-- Frinks, Dr. Golden A.; commend .............................................................. 1865 HR 1637-- Walker, Mrs. Lester Lee; condolences ...................................................... 1865 HR 1638-- Venable, William, Sr., and William, Jr.; condolences.............................. 1865 HR 1639-- House interns; 2004 regular session; commend ........................................ 1865 HR 1640-- Georgia's sustainable and environmentally friendly
small businesses; commend ....................................................................... 1866 HR 1641-- Dalton, James G., Sr.; commend ............................................................... 1866 HR 1642-- Obesity Awareness Month; observe November ........................................ 1866 HR 1643-- House Study Committee on Truck and Highway Safety;
create ................................................................................................ 2080, 2440 HR 1644-- Robert Toombs Christian Academy football team;
invite to House ....................................................................... 2102, 2570, 2612

INDEX

4583

HR 1645-- Wesleyan Wolves girls' basketball team; invite players and coaches to House............................................................. 2102, 2476, 2482
HR 1646-- South Gwinnett High School Comets basketball team; invite coaches and players to House...................................... 2102, 2447, 2454
HR 1647-- Dodge Tour de Georgia; invite representatives to House...... 2103, 2447, 2455 HR 1648-- Illegal aliens; prohibit receiving state or local services -
CA .................................................................................................... 2438, 2475 HR 1649-- Benjamin E. Mays High School Raiders basketball
team; invite to House ............................................................. 2103, 2447, 2455 HR 1650-- James, Anthony R.; invite to House ...................................... 2103, 2641, 2669 HR 1651-- House Study Committee on the State Public Health
System; create .................................................................................. 2439, 2475 HR 1652-- Lyle, James M. "Jim"; invite to House .................................. 2164, 3483, 3499 HR 1653-- Alpha Kappa Alpha Sorority, Inc.; commend ........................................... 2164 HR 1654-- Taft, Robert J.; commend .......................................................................... 2164 HR 1655-- Georgia's Pre-K Program; commend ......................................................... 2164 HR 1656-- Rainwater, Sue; commend ......................................................................... 2164 HR 1657-- Rucker, Daniel; commend ......................................................................... 2165 HR 1658-- Georgia Public Health Association; 75th anniversary;
commend.................................................................................................... 2165 HR 1659-- Banks, Carrington; commend .................................................................... 2165 HR 1660-- National FFA Organization; commend ..................................................... 2165 HR 1661-- Fruman, Don William; commend .............................................................. 2165 HR 1662-- South Gwinnett High School Comets basketball team;
commend.................................................................................................... 2165 HR 1663-- Williamson, Coy C., Jr.; condolences........................................................ 2166 HR 1664-- West Laurens High School Raiders boys' basketball
team; commend.......................................................................................... 2166 HR 1665-- Hinton, Doris Childs Jones; condolences .................................................. 2166 HR 1666-- DeRoth, James Robert; commend ............................................................. 2166 HR 1667-- Gaines Chapel African Methodist Episcopal Church;
commend.................................................................................................... 2166 HR 1668-- Robinson, Sergeant Vincent LaGeorge, Jr.; commend ............................. 2166 HR 1669-- Lightfoot, Dr. Samuel, Sr.; condolences.................................................... 2166 HR 1670-- Central Educational Center, Newnan; commend....................................... 2167 HR 1671-- Mills, Daisy; commend.............................................................................. 2167 HR 1672-- Davis, Troy James; condolences................................................................ 2167 HR 1673-- Paige, Ralph; commend ............................................................................. 2167 HR 1674-- Georgia Medical Society; recognize 200th anniversary............................ 2167 HR 1675-- Victory Over Violence Day at the Capitol; observe
3/29/04 ....................................................................................................... 2167

4584

INDEX

HR 1676-- Fletcher, Patricia S.; commend .................................................................. 2230 HR 1677-- Home Depot; commend; Bob Nardelli; invite to House ........................... 2230 HR 1678-- House Lottery Technology Study Committee; create ..................... 2439, 2475 HR 1679-- House Study Committee on Truck and Highway Safety;
create ..................................................................................... 2439, 2475, 2569, 2971
HR 1680-- Coweta County African American Heritage Museum and Research Center; commend; invite Cynthia Rosers to House ................................................................................. 2339, 2570, 2612
HR 1681-- Disque, Cody; invite to House............................................... 2339, 2570, 2612 HR 1682-- Delta Sigma Theta Sorority, Inc.; invite representatives
to House; declare 3/19/04 Delta Sigma Theta Day ............... 2358, 2447, 2455 HR 1683-- Millican, Kimelan; invite to House ....................................... 2433, 2447, 2455 HR 1684-- Natural gas; adequate supply; urge Congress provide
policy to ensure..................................................................... 2439, 2475, 2569, 2944
HR 1685-- Savannah River Site; radiation monitoring program; urge Congress restore....................................................................... 2440, 2475
HR 1686-- House Study Committee on Children's Protective Services; create ...................................................................... 2475, 2568, 2947
HR 1687-- Woodall, James Talmadge; commend....................................................... 2459 HR 1688-- Noble, Bobby L.; condolences................................................................... 2460 HR 1689-- Alston, Gordon; condolences..................................................................... 2460 HR 1690-- Randolph-Clay High School girls basketball team;
commend.................................................................................................... 2460 HR 1691-- Randolph-Clay High School boys basketball team;
commend.................................................................................................... 2460 HR 1692-- Walker, Honorable Larry; commend......................................................... 2460 HR 1693-- Crabapple Crossing Elementary School; commend .................................. 2460 HR 1694-- Keen, June; commend; certain volunteerism award .................................. 2461 HR 1695-- Slosheye Trail Big Pig Jig; recognize........................................................ 2461 HR 1696-- Frederick Douglass High School; commend;
participation in certain competition ........................................................... 2461 HR 1697-- Lowe, Lorena; commend on 100th birthday.............................................. 2461 HR 1698-- Police chiefs and heads of law enforcement agencies;
commend.................................................................................................... 2461 HR 1699-- Hinton, Jim; congratulate on retirement .................................................... 2461 HR 1700-- Little, Floyd Wayne and Barbara Fouts; commend................................... 2462 HR 1701-- Young, Thomas; Georgia State Patrol Trooper;
commend.................................................................................................... 2462

INDEX

4585

HR 1702-- Henry, C. A.; Georgia State Patrol Trooper First Class; commend.................................................................................................... 2462
HR 1703-- Wilson, Al; Georgia State Patrol Captain; commend................................ 2462 HR 1704-- Georgia State Patrol Capitol Detachment; commend................................ 2462 HR 1705-- Presley, Mike; Georgia State Patrol Trooper First Class;
commend.................................................................................................... 2462 HR 1706-- Clanton, Bryan; Georgia State Patrol Trooper First
Class; commend......................................................................................... 2463 HR 1707-- Hale, Reverend Cynthia L.; commend ...................................................... 2463 HR 1708-- Chambers, Cullen; Tybee Island Historical Society;
commend.................................................................................................... 2463 HR 1709-- Sodman Landscaping and Tom Lewis; commend..................................... 2463 HR 1710-- Carriage Trade Public Relations and Marjorie Young;
commend.................................................................................................... 2463 HR 1711-- Tri-County GMAC Realty and Dianne Kessler;
commend.................................................................................................... 2463 HR 1712-- Mason, Michael Vaughn; commend.......................................................... 2464 HR 1713-- Georgia's 224th Joint Communications Support
Squadron; commend .................................................................................. 2464 HR 1714-- Walker Brothers; commend ....................................................................... 2464 HR 1715-- Bennett, Rae Nell; commend ..................................................................... 2464 HR 1716-- Atlantic Southeastern Airlines; commend ................................................. 2464 HR 1717-- Image Clarkston, Inc.; commend............................................................... 2464 HR 1718-- McCuller, Malik Stephen; commend......................................................... 2465 HR 1719-- Collins, D. Al; Georgia State Patrol Sergeant; commend.......................... 2502 HR 1720-- Edgerton, Sergeant Marshall Lane; condolences....................................... 2502 HR 1721-- WCLK, Jazz 91.9 FM; commend .............................................................. 2503 HR 1722-- Camden County High School Wildcats football team;
commend.................................................................................................... 2503 HR 1723-- Herron, Coach Jeff; commend ................................................................... 2503 HR 1724-- Dominy, Rosa Kilgore; commend ............................................................. 2503 HR 1725-- Green, Darlene Wise; commend................................................................ 2503 HR 1726-- Cummings, Bishop Frank Curtis; commend ............................................. 2503 HR 1727-- Larke, Dr. Charles G.; commend............................................................... 2503 HR 1728-- Teasley, Jeff; Georgia State Patrol Trooper First Class;
commend.................................................................................................... 2504 HR 1729-- Adjournment; relative to.................................................................. 2561, 2564 HR 1730-- Cooper, Tim; commend ............................................................................. 2611 HR 1731-- Wright, Jean; invite to House ................................................ 2612, 2907, 2915 HR 1732-- Adjournment; relative to.................................................................. 2632, 2639

4586

INDEX

HR 1733-- Trion High School Debate Team; invite team and coaches to House ................................................................... 2612, 2907, 2915
HR 1734-- Ferguson, John A., Jr.; commend .............................................................. 2635 HR 1735-- Bocinsky, Kyle; commend......................................................................... 2635 HR 1736-- Segall, Mark James; commend .................................................................. 2635 HR 1737-- Kohler, Debbie; commend......................................................................... 2635 HR 1738-- Rudat, Deirdre; commend.......................................................................... 2636 HR 1739-- Lawrence, Karen; commend ...................................................................... 2636 HR 1740-- Lam, Hope; commend................................................................................ 2636 HR 1741-- Kimmer, Robert; commend ....................................................................... 2636 HR 1742-- Dreschel, Allen; commend ........................................................................ 2636 HR 1743-- Watton, Vicki; commend........................................................................... 2636 HR 1744-- Payne, Lt. Col. (Ret.) Terry; condolences ................................................. 2636 HR 1745-- Washington, Arthur, Jr.; condolences........................................................ 2636 HR 1746-- Blairsville Scottish Festival and Highland Games;
commend.................................................................................................... 2637 HR 1747-- Flanders, James Byrd; condolences........................................................... 2637 HR 1748-- Brown Brothers Sand Company; commend .............................................. 2637 HR 1749-- Singh, Channell; commend........................................................................ 2637 HR 1750-- Collins, Fred B.; condolences.................................................................... 2637 HR 1751-- Haygood, Theresa; commend .................................................................... 2637 HR 1752-- Prince, Cameron; commend....................................................................... 2637 HR 1753-- Sullivan, Gene; commend.......................................................................... 2638 HR 1754-- Fannin County; commend on 150th anniversary....................................... 2638 HR 1755-- Clarke Central High School Mock Trial Team;
commend.................................................................................................... 2638 HR 1756-- Navy Supply Corps School; 50th anniversary;
commend.................................................................................................... 2638 HR 1757-- Mason, Myra George; commend ............................................................... 2638 HR 1758-- China, Republic of; commend efforts in joining the
United Nations and other international organizations ............................... 2638 HR 1759-- Plasma arc technology; renewable energy; state
recognize............................................................................... 2647, 2906, 3555, 3749
HR 1760-- House Georgia Technology Authority Study Committee; create ............................................................................ 2647, 2906
HR 1761-- House Georgia Correctional Industries Study Committee; create .................................................................. 2647, 2906, 3202
HR 1762-- Ground-water withdrawal permits; urge EPD revoke certain permit and lift moratorium................................................... 2648, 2906

INDEX

4587

HR 1763-- Green, Darlene Wise; invite to House ................................... 2807, 3483, 3500 HR 1764-- Stephenson High School girls' basketball team;
commend; invite team, coaches, and principal to House ...... 2808, 2907, 2915 HR 1765-- Maenpaa, Stephen Andrew; Eagle Scout; commend................................. 2808 HR 1766-- Clergy Day at the Georgia State Capitol; recognize
third annual ................................................................................................ 2808 HR 1767-- Jones, Nathan; Eagle Scout; commend...................................................... 2808 HR 1768-- Wilson, Coach Skip; commend ................................................................. 2808 HR 1769-- North Georgia College and State University Lady
Saints basketball team; commend.............................................................. 2809 HR 1770-- Lake Park Area Chamber of Commerce and executive
director, Rhonda Barnes; commend .......................................................... 2809 HR 1771-- Harris, Narvie Jordan; commend............................................................... 2809 HR 1772-- Chastain, Sergeant Carroll; commend ....................................................... 2809 HR 1773-- Boatright, Anthony DeJuan; designate Senate Bill 24 as
"Juan's Law" .............................................................................................. 2809 HR 1774-- Connell, Jack; commend............................................................................ 2958 HR 1775-- Atlanta Braves and Atlanta Braves Foundation; invite
certain members to House ..................................................... 2947, 3483, 3500 HR 1776-- Olivares, Elizabeth; commend................................................................... 2959 HR 1777-- Bradberry, David; commend ..................................................................... 2959 HR 1778-- McRae, Dr. Peggy; commend.................................................................... 2959 HR 1779-- Bryant, John Daniel; commend ................................................................. 2959 HR 1780-- Price, Michael W.; commend .................................................................... 2959 HR 1781-- James Cooper Prayer Group; commend .................................................... 2959 HR 1782-- McCurdy, Walter, Jr.; condolences ........................................................... 2959 HR 1783-- Truancy Intervention Project; commend ................................................... 2960 HR 1784-- Wesley Woods Center; 50th anniversary; commend ................................ 2960 HR 1785-- Emory University Hospital; 100th anniversary;
commend.................................................................................................... 2960 HR 1786-- Emory University School of Medicine; 150th
anniversary; commend............................................................................... 2960 HR 1787-- Ellis, General Larry R.; commend............................................................. 2960 HR 1788-- Shanahan, Thomas E.; commend............................................................... 2960 HR 1789-- Webb, Robert T.; commend....................................................................... 2961 HR 1790-- Bowen, Alma Kennedy; The Times of Gainesville;
commend.................................................................................................... 2961 HR 1791-- Riverside Pharmacy; 50th anniversary; commend .................................... 2961 HR 1792-- Franklin, Bobby; U.S. Army National Guard Staff
Sergeant; condolences................................................................................ 2961 HR 1793-- Vick, Shirley Lee, Jr.; condolences ........................................................... 2961

4588

INDEX

HR 1794-- Roberto, Alphonse L.; commend............................................................... 2961 HR 1795-- Sanders, Mary; commend .......................................................................... 2961 HR 1796-- David Bushnell Day in Georgia; recognize 8/30/04.................................. 2962 HR 1797-- Peppermill Restaurant and owners Ling-Feng Tang and
Glenn Kersh; commend ............................................................................. 2962 HR 1798-- Christine, Bobby L.; commend.................................................................. 2962 HR 1799-- Dawson County High School wrestling team; commend.......................... 2962 HR 1800-- Queen, Roger G.; commend ...................................................................... 2962 HR 1801-- Dupree, Henry Alfred III; commend ......................................................... 2962 HR 1802-- Thomas, Emma Louise McDaniel; commend ........................................... 2962 HR 1803-- The Dahlonega Nugget; commend ............................................................ 2963 HR 1804-- Brown, Joe and Loyce; commend ............................................................. 2963 HR 1805-- Jones-Totten, Yolandria; commend........................................................... 2963 HR 1806-- Lane, John, Jr.; commend .......................................................................... 2963 HR 1807-- Ory, Matt; commend.................................................................................. 2963 HR 1808-- Jones, Erica N.; commend ......................................................................... 2963 HR 1809-- Oakcliff Traditional Theme School; commend ......................................... 2963 HR 1810-- Peachtree Charter Middle School; commend ............................................ 2963 HR 1811-- Hightower Elementary School; commend................................................. 2964 HR 1812-- Doraville police department; commend..................................................... 2964 HR 1813-- Chamblee, City of; its citizens; Chamblee Community
Wildlife Habitat Committee; commend..................................................... 2964 HR 1814-- Hooper, Ann; commend............................................................................. 2964 HR 1815-- Shriner, Jason M.; commend ..................................................................... 2964 HR 1816-- Board of Regents; urge inclusion of a professor on
board ................................................................................................ 3043, 3078 HR 1817-- Bryan County; certain referendum; urge board of
commissioners express position ...................................................... 3043, 3078 HR 1818-- Black Farmers and Agriculturists Association, Inc.;
urge Congress support certain efforts .................................... 3044, 3078, 3477 HR 1819-- Adjournment; relative to............................................................................ 3056 HR 1820-- Rules of House; amend Rule 13 ...................................................... 3044, 3078 HR 1821-- Uniform Alert; encourage participation by certain cities .......................... 3064 HR 1822-- Branson, Chief Warrant Officer Richard; condolences............................. 3064 HR 1823-- Knowles, Mary Elizabeth; commend ........................................................ 3065 HR 1824-- McCain, Susan; commend ......................................................................... 3065 HR 1825-- Vice, Randy; commend ............................................................................. 3065 HR 1826-- Farmer, Gina; commend ............................................................................ 3065 HR 1827-- Seamon, Michelle; commend .................................................................... 3065 HR 1828-- Steelnack, Robert; commend ..................................................................... 3065

INDEX

4589

HR 1829-- Shepard, Joey; commend ........................................................................... 3065 HR 1830-- Cochran, Susan; commend ........................................................................ 3066 HR 1831-- Maynard, Melissa; commend..................................................................... 3066 HR 1832-- Boaz, Jonathan; commend ......................................................................... 3066 HR 1833-- Finton, Brendan; commend ....................................................................... 3066 HR 1834-- Pinson, Ruth; commend............................................................................. 3066 HR 1835-- Strickland, Kevin; commend ..................................................................... 3066 HR 1836-- Rickman, Deborah; commend ................................................................... 3066 HR 1837-- Lovvorn, Mary E.; commend..................................................................... 3067 HR 1838-- Elliott, Lacy; commend ............................................................................. 3067 HR 1839-- The 100 Black Men of Rome, Inc.; commend........................................... 3067 HR 1840-- Watkins, Addie; commend ........................................................................ 3067 HR 1841-- Tyre, Dr. O. Eugene; commend................................................................. 3067 HR 1842-- Wayne County Sports Hall of Fame Class of 2004
inductees; commend .................................................................................. 3067 HR 1843-- Hull, Joyce B.; commend........................................................................... 3068 HR 1844-- Griggs, Rubye C.; commend ..................................................................... 3068 HR 1845-- Griggs, William J.; commend .................................................................... 3068 HR 1846-- Greene, Oliver N.; commend..................................................................... 3068 HR 1847-- Greene, Annie; commend .......................................................................... 3068 HR 1848-- Bunn, Honorable Barbara; commend ........................................................ 3068 HR 1849-- Canale, Tami; commend ............................................................................ 3068 HR 1850-- University of Georgia Women's Equestrian Team;
commend.................................................................................................... 3069 HR 1851-- Swayne, Tyler; commend .......................................................................... 3069 HR 1852-- Kennedy, William; commend .................................................................... 3069 HR 1853-- Swayne, Kyle; commend ........................................................................... 3069 HR 1854-- Soy Unica Soy Latina 2004 Rally and Celebration;
recognize.................................................................................................... 3069 HR 1855-- World War II Veterans Recognition Day; recognize
5/29/04 ....................................................................................................... 3069 HR 1856-- Global Achievers, Inc., and Griffin High School's
trading company, IMEX; commend .......................................................... 3069 HR 1857-- Il Localino Italian restaurant; commend.................................................... 3070 HR 1858-- Myers, Dr. Lee; commend ......................................................................... 3070 HR 1859-- Georgia Commission on Women's 2004 Georgia
Legacy Award winners; commend ............................................................ 3070 HR 1860-- Maenpaa, Stephen Andrew; commend ...................................................... 3101 HR 1861-- Cox, Don; commend .................................................................................. 3101 HR 1862-- McLaughlin, John; commend .................................................................... 3101

4590

INDEX

HR 1863-- SafeAmerica Foundation; commend ......................................................... 3101 HR 1864-- Sims, Donald; commend............................................................................ 3101 HR 1865-- Stroke Awareness Month in Georgia; designate May ............................... 3101 HR 1866-- Vietnamese community; commend; recognize pride in
"Vietnamese Heritage and Freedom Flag" ................................................ 3102 HR 1867-- Mehaffey, James R.; commend ................................................................. 3102 HR 1868-- Augusta State University Lady Jaguars basketball team;
commend.................................................................................................... 3102 HR 1869-- Rogers, Grady Mack, Jr.; condolences ...................................................... 3102 HR 1870-- SIGVARIS, Inc; commend; recognize 10/15/04 as
"Healthy Leg Day"..................................................................................... 3102 HR 1871-- Hill, Mr. Meredith; commend World War II service and
invite to House ....................................................................... 3199, 3483, 3500 HR 1872-- Augusta Alumni Chapter of Kappa Alpha Psi
Fraternity; commend.................................................................................. 3383 HR 1873-- Hall, T. J.; condolences.............................................................................. 3383 HR 1874-- Adams, Rufus; condolences....................................................................... 3383 HR 1875-- Jordan, Mary Lou; commend..................................................................... 3383 HR 1876-- Bunn Logging, Inc.; commend .................................................................. 3383 HR 1877-- Mosley, Matt; Eagle Scout; commend....................................................... 3383 HR 1878-- Ivey, Rose Mary; condolences................................................................... 3384 HR 1879-- Ursitti, Investigator Martin; commend ...................................................... 3384 HR 1880-- Athens Voices of Truth; commend members ............................................ 3384 HR 1881-- American Academy of Pediatrics; Georgia Chapter;
commend.................................................................................................... 3384 HR 1882-- Reynolds, Steve; commend ....................................................................... 3384 HR 1883-- McClain, James F., Jr.; commend.............................................................. 3384 HR 1884-- Hamilton, Mr. and Mrs. Curtis; commend on fiftieth
anniversary................................................................................................. 3385 HR 1885-- Alday, Dr. James M. "Buddy"; condolences ............................................. 3385 HR 1886-- Shannon, Edward Hogan "Doc", Sr.; condolences.................................... 3385 HR 1887-- 1-3 Air Defense Artillery; commend soldiers ........................................... 3385 HR 1888-- Lanier Sharks under-10 select soccer team; commend ............................. 3385 HR 1889-- WWII veterans and families; Tribute to WWII
Generation; recognize May 24-30, 2004 ................................................... 3385 HR 1890-- Fannin Inn Motel and Restaurant; commend............................................. 3386 HR 1891-- Smith, Cindy; commend ............................................................................ 3386 HR 1892-- Albertson, Jerry; commend........................................................................ 3386 HR 1893-- Poenicke, Ed; commend ............................................................................ 3386

INDEX

4591

HR 1894-- Lawson, Honorable John W.; City of Avondale Estates; commend.................................................................................................... 3386
HR 1895-- Kinney, Bill; commend.............................................................................. 3386 HR 1896-- Earp, Frank; condolences........................................................................... 3386 HR 1897-- Meth Watch Program; commend states that have
enacted ....................................................................................................... 3387 HR 1898-- Sapp, Sergeant-Major Oscar, Jr.; commend .............................................. 3387 HR 1899-- Social Circle High School ladies basketball team and
head coach; commend................................................................................ 3387 HR 1900-- Trion Middle School; Georgia School of Excellence;
commend.................................................................................................... 3387 HR 1901-- Guy-Sheftall, Beverly; commend .............................................................. 3387 HR 1902-- Mills, Helene S.; commend ....................................................................... 3387 HR 1903-- Beasley, Joseph H.; commend ................................................................... 3388 HR 1904-- Diallo, Dazon Dixon; commend ................................................................ 3388 HR 1905-- Beaty, Dr. James W. and Anita L.; commend ........................................... 3388 HR 1906-- Ross, Loretta J.; commend......................................................................... 3388 HR 1907-- Henderson, Valena; commend................................................................... 3388 HR 1908-- Adkins, Pete; commend ............................................................................. 3388 HR 1909-- Graves, Charles; commend ........................................................................ 3388 HR 1910-- Cochran, Pastor Raymond and Mrs. Mary; 50th
wedding anniversary; commend ................................................................ 3389 HR 1911-- 100 Black Men of Savannah; 8th Annual Scholarship
Gala; commend .......................................................................................... 3556 HR 1912-- Hill, Reverend Joe Louis; condolences ..................................................... 3556 HR 1913-- DeKalb County Fire and Rescue Services Station #2;
commend.................................................................................................... 3556 HR 1914-- DeKalb County Fire and Rescue Services Station #18;
commend.................................................................................................... 3556 HR 1915-- DeKalb County Fire and Rescue Services Station #19;
commend.................................................................................................... 3556 HR 1916-- Williams, Sarah; condolences.................................................................... 3556 HR 1917-- Dodge Tour de Georgia; commend ........................................................... 3556 HR 1918-- Bralley, James R. "Jim"; commend ........................................................... 3557 HR 1919-- East Central Elementary School; commend .............................................. 3557 HR 1920-- Trion Elementary School; commend ......................................................... 3557 HR 1921-- Alto Park Elementary School; commend .................................................. 3557 HR 1922-- Garden Lakes Elementary School; commend............................................ 3557 HR 1923-- Ayers, Jere; commend................................................................................ 3557 HR 1924-- Haggray, Allie Mae Sheppard; commend ................................................. 3557

4592

INDEX

HR 1925-- Sojourner; commend.................................................................................. 3558 HR 1926-- Bynum, Gordon, Jr.; condolences.............................................................. 3558 HR 1927-- Chattahoochee High School girls tennis team;
commend.................................................................................................... 3558 HR 1928-- Chapman, Gary Matthew "Matt"; commend ............................................. 3558 HR 1929-- Alpharetta Fire and Emergency Services; commend ................................ 3558 HR 1930-- Mount Bethel United Methodist Church; commend ................................. 3558 HR 1931-- Greer, Martha; commend........................................................................... 3559 HR 1932-- Greer, Martha; commend........................................................................... 3559 HR 1933-- Lakeview Academy Literary Team; commend ......................................... 3559 HR 1934-- Mayo, Jane; commend ............................................................................... 3559 HR 1935-- Take a Loved One to the Doctor Day; recognize
9/21/04 ............................................................................................. 3559, 3833 HR 1936-- Jefferson High School Wrestling Team; commend................................... 3559 HR 1937-- Winder-Barrow Competitive Cheerleading Team;
commend.................................................................................................... 3559 HR 1938-- Gailey, Nicholas; commend....................................................................... 3560 HR 1939-- Corbin, Jim and Dottie; commend............................................................. 3560 HR 1940-- Sellars, Jim and Frances; commend........................................................... 3560 HR 1941-- Harley, Ms. Lou; commend ....................................................................... 3560 HR 1942-- Commerce Slow-pitch Softball Team; commend...................................... 3560 HR 1943-- Commerce Competitive Cheerleading Team; commend........................... 3560 HR 1944-- Purple Heart Week; recognize August 6-12, 2004 .................................... 3560 HR 1945-- Cronbaugh, Mary; commend ..................................................................... 3561 HR 1946-- Newnan Utilities; commend ...................................................................... 3561 HR 1947-- Cheshire, Doug; commend ........................................................................ 3561 HR 1948-- Lovelace, Alice; commend ........................................................................ 3561 HR 1949-- Boone, Andrea L.; commend..................................................................... 3561 HR 1950-- Saran, Ama R.; commend .......................................................................... 3561 HR 1951-- Weinstein, Bruce; commend...................................................................... 3562 HR 1952-- Elrod, Jack; commend................................................................................ 3562 HR 1953-- Glass, Danette McLaurin; commend ......................................................... 3562 HR 1954-- Sasser, Jane Megahee; condolences .......................................................... 3562 HR 1955-- Swaim, Betty; commend............................................................................ 3562 HR 1956-- Smith, James Randolph; condolences........................................................ 3562 HR 1957-- Weaver, Kate; commend; Donna Hoedt; condolences .............................. 3562 HR 1958-- Maddox, Honorable George; commend .................................................... 3563 HR 1959-- Arrington, Maggie; condolences ............................................................... 3563

INDEX

4593

HR 1960-- Wills, Carolyn; Executive Director, Fannin County Development Authority; commend ........................................................... 3563
HR 1961-- Georgia Army National Guard; 265th Engineer Group; commend.................................................................................................... 3563
HR 1962-- Mobley, Honorable Barbara J.; commend................................................. 3563 HR 1963-- Beaver, Hal; commend .............................................................................. 3563 HR 1964-- Georgia MATHCOUNTS state champions; 2004
Georgia MATHCOUNTS Team; commend.............................................. 3564 HR 1965-- Smith, John H., G. W. Smith, Alfred G. Oliver, Clinton
Oliver, and Bert Smith Oliver; commend.................................................. 3564 HR 1966-- Moore, Captain Thomas L. IV; condolences............................................. 3564 HR 1967-- Brinson, Captain Judson B.; condolences.................................................. 3564 HR 1968-- Destiny World Church; commend ............................................................. 3799 HR 1969-- Fowler, Alfred; commend.......................................................................... 3799 HR 1970-- Alexander, Clifton D.; commend............................................................... 3799 HR 1971-- Williams, Alarie P.; commend................................................................... 3799 HR 1972-- Pitman, Jennifer T.; commend................................................................... 3799 HR 1973-- Carson, Nancy K.; commend..................................................................... 3799 HR 1974-- Massey, Ms. Jesse Lee; commend............................................................. 3800 HR 1975-- Phillips, Gina; commend ........................................................................... 3800 HR 1976-- Fisher, Barbi; commend............................................................................. 3800 HR 1977-- Brown, Glen Andrew; commend............................................................... 3800 HR 1978-- Hines, Hazel; commend............................................................................. 3800 HR 1979-- Masih, Alma Jean; commend .................................................................... 3800 HR 1980-- Williams, Tracee L.; commend ................................................................. 3801 HR 1981-- Step It OFF 4 Youths, Inc.; commend....................................................... 3801 HR 1982-- Barber, Ray W.; condolences .................................................................... 3801 HR 1983-- Enderle, Staff Sergeant James II; commend.............................................. 3801 HR 1984-- Parker, Cameron; commend ...................................................................... 3801 HR 1985-- Brownlee, Tad; commend.......................................................................... 3801 HR 1986-- Tankersly, Daniel; commend..................................................................... 3802 HR 1987-- Tift County 4-H Poultry Judging Team; commend................................... 3802 HR 1988-- Chesnut, Ashley; commend ....................................................................... 3802 HR 1989-- Jones, Debra; commend............................................................................. 3802 HR 1990-- Georgia Institute of Technology men's basketball team;
commend.................................................................................................... 3802 HR 1991-- Day, Sally; commend................................................................................. 3802 HR 1992-- Gray, Sidney Scott; commend ................................................................... 3802 HR 1993-- Tuggle, Sheriff Stanley; Clayton County Sheriff's
Office; commend ....................................................................................... 3803

4594

INDEX

HR 1994-- James, Reverend Walter C.; commend...................................................... 3803 HR 1995-- Smyrna, City of; commend........................................................................ 3803 HR 1996-- Georgia State University Student Trial Lawyers
Association's National Trial Advocacy Team; commend.......................... 3803 HR 1997-- Golick, Davis Jordan; commend................................................................ 3803 HR 1998-- Gibson, Mel; "The Passion of the Christ"; commend................................ 3803 HR 1999-- Hawkins, James (Jim) Mathew; commend................................................ 3804 HR 2000-- Highsmith, Robert; commend.................................................................... 3804 HR 2001-- GeorgiaSaves program; commend............................................................. 3804 HR 2002-- Cramer, Jack; commend ............................................................................ 3804 HR 2003-- Lewis, Frank R.; commend........................................................................ 3804 HR 2004-- Lewis, Laura Scott; condolences ............................................................... 3804 HR 2005-- Frisch, Matthew; commend ....................................................................... 3804 HR 2006-- Frisch, Michael; commend ........................................................................ 3805 HR 2007-- Williams, Jeanette; commend .................................................................... 3805 HR 2008-- Banks, Lewis; commend............................................................................ 3805 HR 2009-- Baker, Emma Lois Hatchell; commend..................................................... 3805 HR 2010-- Baker, George Washington, Sr.; commend ............................................... 3805 HR 2011-- Woodlee, John; commend ......................................................................... 3805 HR 2012-- Bohannon, Ellen; commend....................................................................... 3805 HR 2013-- Alton, Peg; commend ................................................................................ 3805 HR 2014-- Long, William G. "Bill"; commend........................................................... 3806 HR 2015-- Jackmont Hospitality, Inc.; commend ....................................................... 3806 HR 2016-- Birdsong, Honorable Ken W.; commend .................................................. 3806 HR 2017-- Meadows, Lori; commend ......................................................................... 3806 HR 2018-- Greene-Johnson, Honorable Teresa; commend......................................... 3806 HR 2019-- Renfroe, Dr. Carl Gilbert; condolences ..................................................... 3806 HR 2020-- Rice, Gloria Beth; commend ..................................................................... 3807 HR 2021-- Hatcher, Steve; commend .......................................................................... 3807 HR 2022-- Friend, Ryan; commend............................................................................. 3807 HR 2023-- Troyer, Kristyn; commend......................................................................... 3807 HR 2024-- Carpenter, Meg; commend ........................................................................ 3807

PART IV
SENATE BILLS IN HOUSE
SB 1-- Cruelty to Children; endangerment; criminal negligence................. No Action SB 2-- Senatorial Districts; composition; number;
apportionment ................................................................................... No Action SB 5-- Sexually offensive material/content; distribution
through electronic media .................................................................. No Action SB 8-- Budget Act; continuation budget report; apply zero-
base budgeting .................................................................................. No Action SB 11-- Income Taxes; jobs tax credits; less developed areas;
portions of counties........................................................................... No Action SB 12-- Disabled Adults and Elder Persons; abuse, neglect,
exploitation; penalties ....................................................................... No Action SB 13-- Driving under the influence of alcohol or drugs; refusal
to submit to chemical testing; create offense............................................. 2569 SB 23-- Abortion; Woman=s Right to Know Act; enact ........................................... 308 SB 24-- Child care facilities; liability insurance coverage............................ 1810, 1838 SB 26-- Sheriff, Office of; nonpartisan elections........................................... No Action SB 27-- Trial Juries; size of panels; jury selection; number of
peremptory strikes............................................................................. No Action SB 31-- Ethics; reforms; campaign contributions; activities on
behalf of inmates............................................................................... No Action SB 43-- Municipal charter commissions; create; provisions .................................. 1634 SB 44-- Guardian ad litem; liability for damages; immunity ................................. 3482 SB 45-- Criminal procedure; demand for trial; time expiration;
appeals .............................................................................................. No Action SB 46-- Peace Officer/Prosecutor Training Fund; accounting of
all deposits ........................................................................................ No Action SB 48-- Juvenile proceedings; disposition and evidence against
child in civil action ........................................................................... No Action SB 49-- Sandy Springs, City of; incorporation and charter ...................... 666, 668, 694 SB 51-- Computer pornography and child exploitation
prevention; unlawful acts; change penalties .............................................. 2565 SB 52-- Children's Internet Protection Act; schools, libraries;
policies; funding ............................................................................... No Action SB 55-- Adoptions and child-placing agencies; records access;
birth records ...................................................................................... No Action

4596

INDEX

SB 76-- State Official Salaries; General Assembly members, Lt. Gov., 10% reduction ........................................................................ No Action
SB 77-- Prostitution, Pimping or Pandering; keeping a place for; penalties ............................................................................................ No Action
SB 82-- Ethics; disposition of excess campaign contributions ...................... No Action
SB 83-- County law libraries; board of trustees; DA membership; use of collected funds ................................................. No Action
SB 91-- Elections; legislative, congressional reapportionment; requirements...................................................................................... No Action
SB 93-- Eastern Cherokee Indian Tribe; revise address ................................ No Action
SB 102-- Indigent Defense Act of 2003; create agency within the judicial branch................................................................................... No Action
SB 108-- Ethics; Code of Ethics for Government Service............................... No Action
SB 109-- Ethics Reforms; public officials' conduct and lobbyist disclosure .......................................................................................... No Action
SB 115-- Minority business enterprises; certification procedures ................... No Action
SB 120-- License plates; special; certain military veterans; no charge................................................................................................ No Action
SB 124-- Child sexual exploitation; computer pornography; penalties ............................................................................................ No Action
SB 127-- Public Transportation Funds; expenditures; state/federal funds; remove MARTA ............................................... No Action
SB 133-- Torts; liability, damages, judgements, cap award limits; Civil Justice Reform ......................................................................... No Action
SB 142-- Fulton County; ad valorem; homestead exemption; senior citizens ................................................................................... No Action
SB 144-- Ethics; campaign contribution disclosure reports; transfer filing to State Ethics Commission ............................ 2170, 2244, 2440
SB 145-- Prescription drugs by mail; enrollees in HMO health benefit plans...................................................................................... No Action
SB 147-- Family Violence Shelter Confidentiality Act of 2004; enact ....................................................................................... 2901, 3726, 3773
SB 148-- Juvenile proceedings; deprived children; amend provisions.............................................................................. 2906, 3330, 3592, 3674, 3774
SB 150-- Hotels, Motels; excessive room rates during special sporting events .................................................................................. No Action
SB 151-- Peeping Toms; spying upon or invading the privacy of another ....................................................................................................... 2565
SB 153-- Elections; qualifying fees; certain county officials ......................... 3581, 3853 SB 154-- Gwinnett County; sheriff=s office; vacancy ..................................... 2082, 2091

INDEX

4597

SB 157-- Crimes; payday lending, deferred presentment services, advance cash services, certain small loans; violations; penalties ............................................................................ 461, 793, 970, 1201, 1301, 1309, 1321, 1326, 1531, 1567
SB 159-- Employee's retirement options; early retirement incentives .......................................................................................... No Action
SB 161-- Ad valorem assessment; taxpayer appeals; refunds; interest amount.................................................................................. No Action
SB 162-- Health Care Protection Act; health care licensing violations; penalties .......................................................................... No Action
SB 168-- Ethics, State Commission; powers; campaign contribution disclosure...................................................................... No Action
SB 172-- Environmental policy; regulatory decisions; publication requirements...................................................................................... No Action
SB 174-- Torts; transfer of structured settlement payment rights; notices ............................................................................................... No Action
SB 175-- Discovery in felony cases; oral scientific reports; sentence hearings .............................................................................. No Action
SB 179-- Patient Safe Prescription Drug Act; electronic data prescription drug orders ......................................................... 2648, 2916, 3496
SB 182-- Nuisance abatement liens and tax liens; collection; tax sales; certain foreclosures ........................................................ 427, 3833, 3842
SB 184-- Arson in the first, second, and third degree; define offenses ............................................................................. 342, 344, 367, 2641, 3455, 3497
SB 196-- Fulton County; operation of certain recreational programs; repeal constitutional amendment authorizing....... 2816, 2819, 2906
SB 197-- Fulton County; recreational programs in cities contributing to cost; repeal ............................................................... No Action
SB 198-- Criminal records; national background checks; child care, elder care, disabled care, volunteers with youth ............................... 2465
SB 203-- Charter Schools Act; virtual charter schools; provide construction....................................................................................... No Action
SB 210-- Home study students; public school extracurricular programs ........................................................................................... No Action
SB 216-- Charter Schools; funding; facilities fund; surplus property; bulk purchasing ................................................................. No Action
SB 217-- Civil Actions; class actions; comprehensive revisions.................... No Action
SB 218-- Emergency Management Employees, 911 dispatchers; indemnification ................................................................................. No Action
SB 228-- Special license plates; professional sports team foundations................................................................................................. 2906

4598

INDEX

SB 230-- Atlanta and Fulton County Recreation Authority;

limitation of powers ............................................................... 1397, 1400, 1457

SB 231-- Fulton County Library System; specify name;

membership............................................................................ 3555, 3564, 3751

SB 239-- Senatorial districts; apportionment and qualifications;

change composition .......................................................................... No Action

SB 240-- Abortion; parental notification; requirements ............................. 843, 844, 873

SB 243-- Emergency safety plans; unified incident command

system; Airport Anti-Terrorism Training Committee ............. 286, 2700, 3497

SB 246-- Water reservoirs; locally funded; state take-over;

compensation ............................................................................................. 1723

SB 248-- Student Achievement, Office of; create; education

accountability assessment ................................................................. No Action

SB 253-- Teachers Retirement; university system employees;

optional plan ..................................................................... 666, 669, 694, 1467,

SB 254-- Whistleblowers= Protection Act for Public School

2987

Employees; enact ....................................................................................... 3193

SB 262-- Drivers' Licenses; applications; use of military

identification card ............................................................................. No Action

SB 263-- Vital records; birth certificate in legitimations, paternity

orders, and adoptions ............................................................ 2093, 2097, 2440,

2906, 3175, 3497

SB 266-- College Students; vaccination against meningococcal

meningitis.......................................................................................... No Action

SB 273-- Public-Private Infrastructure Act; facilitate

development of projects.................................................................... No Action

SB 275-- Macon County; board of education; election of

members; revise districts .................................................................. No Action

SB 276-- Macon County; board of commissioners; election of

members; revise districts .................................................................. No Action

SB 280-- Vehicle liability insurance; cancellation by active duty

military personnel ............................................................................. No Action

SB 281-- Children; prohibit sale or offer for sale of child .............................. 3031, 3072

SB 282-- Health insurance; state employees no longer covered by

federal insurance plan ....................................................................... No Action

SB 283-- License plates; special; "Share the Road" message.......................... No Action

SB 288-- Jackson County; probate judge, chief magistrate;

nonpartisan elections......................................................................... No Action

SB 293-- Protection of the Victims of Domestic Violence Act;

protective orders duration ................................................................. No Action

SB 294-- Public school systems; purchasing contracts and bid

price regulations................................................................................ No Action

INDEX

4599

SB 297-- Offense of fleeing or attempting to elude a police officer; penalties ................................................................... 1730, 1733, 1822, 2641, 3569, 3759
SB 298-- Divorce; grounds; time limits; effect on children; class for parents .................................................................................... 843, 845, 873
SB 301-- Special license plates for persons with disabilities; include disabled parent .............................................................................. 2906
SB 302-- Handicapped parking; enforcement; change provisions........ 1647, 1650, 1719
SB 312-- Graffiti; criminal damage to property; programs for compensating owners........................................................................ No Action
SB 313-- Graffiti; compensation to property owners; use of inmate labor to remove ..................................................................... No Action
SB 317-- Deer Hunting; closed and open seasons; bag limits and antler restrictions............................................................................... No Action
SB 333-- Vaccination program for emergency responders exposed to infectious diseases .......................................................... No Action
SB 336-- Tort Immunity; federal smallpox vaccination program providers ........................................................................................... No Action
SB 337-- Civil actions; habeas corpus procedures; statute of limitations; filing petitions; jurisdiction ........................... 667, 669, 694, 2640, 2751, 3498
SB 338-- Ethics; distribution of campaign contributions; ordinary, necessary expenses............................................................ No Action
SB 342-- Local Gov. Contracts; bid opportunity advertisements; GA Procurement Registry................................................................. No Action
SB 343-- White County Board of Education; reconstitute districts ................. No Action
SB 344-- State employees; consumer driven health plan option (CDHP) ............................................................................................. No Action
SB 347-- Property; exemptions from levy and sale; certain reciprocal exemption.............................................................. 2640, 3687, 3773
SB 348-- Tire scrap disposal and storage; county/municipality enforce ordinance.............................................................................. No Action
SB 350-- Insurance; health care claims; filing, processing, timely payment................................................................................. 2245, 2257, 2440, 3194
SB 356-- Carbon Sequestration Registry Act; enact........................ 699, 700, 724, 1466, 2484, 2661
SB 357-- Salvaged and rebuilt motor vehicles; certificate of title; redefine builder ...................................................................... 2569, 3165, 3498
SB 361-- Regulatory Reform Act of 2003; regulations, laws, statutes; provisions....................................................................... 667, 669, 694
SB 369-- Macon County; board of elections and registration; create ................................................................................................. No Action

4600

INDEX

SB 370-- Wayne County; probate judge and chief magistrate; nonpartisan elections........................................................................ 2907, 2911
SB 371-- Long County; probate judge; time of nonpartisan elections ............................................................................................ No Action
SB 378-- Gray, City of; corporate limits............................................... 3109, 3113, 3482
SB 379-- Dougherty County; commission districts; change description.............................................................................. 3109, 3113, 3482
SB 380-- Dougherty County; education districts; change description.............................................................................. 3109, 3114, 3482
SB 386-- DeKalb County; school taxes; reimbursement for collecting............................................................................... 1397, 1400, 1457, 1828, 1832, 2563
SB 387-- Richmond County; probate judge; nonpartisan election ............................... 43
SB 388-- Haralson, City of; new charter................................................... 43, 3483, 3484
SB 389-- Cook County; board of commissioners; staggered terms ... 468, 469, 661, 877, 879
SB 392-- Truancy Enforcement Act; school attendance; driver=s license; employment .............................................................. 2093, 2097, 2440
SB 393-- Ad valorem tax; time extension for certain members of armed forces; homestead exemption applications ............ 342, 344, 367, 2902, 2923, 3498
SB 394-- American Heritage in Education Act; documents to be posted in public school buildings ................................................ 418, 421, 458
SB 395-- Tobacco product manufacturers; master settlement agreement; escrow funds .................................................. 343, 345, 367, 2902, 2927
SB 399-- Counties and municipalities; resettlement of refugees; certain reports ........................................................................ 1647, 1650, 1719
SB 400-- Torts; broadcasters engaged in Levi=s Call; immunity ....... 343, 345, 367, 368, 2900, 2929
SB 401-- Milk and milk products; standards and requirements; amend certain provisions .................................................. 369, 370, 415, 1052, 2688
SB 403-- Self-service storage; redefine personal property; disposition of unclaimed property .................................... 734, 736, 765, 2906, 3170, 3498
SB 404-- Abandoned motor vehicles; removal or storage fees; liens; collection ............................................................................ 734, 736, 765
SB 405-- Financial institutions; amend provisions .......................... 419, 421, 458, 1152, 2613
SB 406-- Hunting licenses or permits; violations; hunting deer with dogs...................................................................................... 419, 422, 458

INDEX

4601

SB 407-- Special license plates; historic preservation ...................... 419, 422, 458, 2569
SB 408-- Licensed physicians volunteering with law enforcement agencies; immunity from liability.......................................... 1300, 1301, 1337
SB 411-- Appeals; supersedeas bonds and other forms of security; maximum allowable amount................................ 343, 346, 367, 842, 2498
SB 414-- Criminal trials; prosecuting attorney; open and conclude arguments to jury.................................................... 2093, 2098, 2440
SB 418-- Female genital mutilation; define offense ........................ 844, 845, 873, 1467, 2614, 3071, 3381, 3442, 3569, 3759, 4077
SB 419-- Crime victims; restitution; certain medical costs...................... 968, 971, 1068, 3194
SB 421-- Georgia Municipal Training Act; training of municipal clerks ................................................................................... 420, 422, 458, 732, 2455
SB 423-- Stone Mountain Memorial Association; membership requirements.......................................................................... 2315, 2317, 2440, 2650, 2992, 3072, 3756
SB 424-- Attorney General; prosecution of certain persons; authority ................................................................................. 1731, 1734, 1822
SB 425-- Public roads; allocation of state and federal funds ................... 370, 415, 2565, 3740, 4075
SB 426-- Peace officers; investigative training; family violence and sexual offenses ............................................................. 420, 423, 458, 953, 2694, 3499
SB 427-- Criminal Justice Coordinating Council; membership; law enforcement officers; liability insurance for certain temporary service.............................................................. 420, 423, 458, 1723, 2697, 3498
SB 428-- Schools; compulsory attendance; disciplinary actions; codes of conduct; drivers= licenses ................................... 468, 470, 661, 2899, 2996
SB 429-- Education flexibility and accountability; school councils; charter schools.............................................................. 469, 470, 661
SB 430-- Hunting deer with firearm during bow season; certain quadriplegics................................................................................ 420, 423, 458
SB 431-- Annual reports, budgets, audits; notify General Assembly of availability ................................................... 734, 737, 765, 3194, 3343, 3590, 3757

4602

INDEX

SB 436-- Agricultural Water Conservation Incentive Program; create ................................................................................. 699, 701, 724, 1466, 3033, 3499
SB 438-- Transportation, State Board of; election of members in caucuses; open voting .................................................................. 667, 670, 694
SB 439-- Crimes and offenses and torts; film piracy; certain immunity............................................................................... 1345, 1347, 1393, 2565, 2673
SB 441-- Criminal procedure; sentence reduction; sentence review panel provide basis for reduction..................................... 771, 773, 840
SB 442-- Crimes and offenses; certain murder convictions; life without parole .............................................................................. 771, 773, 840
SB 444-- Joint development authorities; county membership in more than one; prohibit certain tax credit......................... 771, 773, 840, 2572, 2930
SB 445-- Local government; cable television providers; franchising provisions........................................................... 2094, 2098, 2440, 3329, 3618
SB 446-- Lobbying; prohibit expenditure of public funds.................... 1077, 1078, 1114
SB 449-- Professions and businesses; amend certain provisions; Soil Scientists Licensing Act of 2004; enact ........................ 1345, 1347, 1393, 2446, 2674, 3073, 3196, 3200, 3312, 3883, 4074
SB 451-- Public records; disclosure; exempt personal information of certain employees .............................................................. 2315, 2317, 2440
SB 453-- Ad valorem tax; freeport personal property inventory exemption; tax assessments; periods of limitation ............... 2094, 2098, 2440, 2902, 2942, 3499
SB 456-- Early Care and Learning, Department of; create; Georgia Child Care Council; redesignate and transfer to Title 20.............................................................................. 771, 774, 840, 2569, 2710, 3585
SB 457-- Sexual assault victims; protocols and protocol committees; assistance programs...................................... 932, 934, 965, 1280, 1442, 2500
SB 459-- Metropolitan North Georgia Water Planning District; meetings and dues................................................................. 1077, 1079, 1114, 2649, 2934
SB 460-- Soil erosion and sedimentation; stream buffer zones; variances. .............................................................................. 2094, 2099, 2440, 2446, 4012, 4075

INDEX

4603

SB 461-- Motor vehicles; certificate of title and driver=s license suspension; amend provisions .....................................................772, 774, 840, 2906, 3375, 3586
SB 465-- Chatham County; commissioner districts; reapportion ........ 1123, 1124, 1149, 3078, 3079, 3322
SB 467-- Child endangerment; define various offenses; penalties .... 880, 881, 924, 930, 1722, 2458
SB 469-- Electronic monitoring devices; condition of probation; unlawful interference ........................................................ 933, 934, 965, 2640, 2981, 3493
SB 470-- Special license plates for motorcycles; veterans awarded Purple Heart................................................................... 772, 774, 840
SB 471-- HOPE scholarships and grants; amend provisions ................ 2094, 2099, 2440
SB 477-- Glynn County; education; homestead exemption; repeal certain Constitutional amendment ........................................ 2816, 2819, 2906, 3078, 3094
SB 478-- Vital records; amend provisions; create Office of Vital Records ................................................................................. 1345, 1348, 1393, 2906, 3762, 3830
SB 479-- Special license plates; veterans of Global War on Terrorism ................................................................................... 969, 971, 1068
SB 480-- Forest Heritage Trust Act of 2004; enact ................................. 969, 972, 1068, 1466, 2482
SB 481-- Parking for persons with disabilities; include lupus and other sunlight-sensitive conditions ............................................ 969, 972, 1068
SB 482-- DNA; testing of sexual offenders; persons subject to testing................................................................................ 933, 934, 965, 1442, 2501
SB 484-- Witnesses; impeachment; bad character or conviction evidence ..................................................................................... 969, 972, 1068
SB 485-- Georgia Medical Center Authority; administrative assignment ................................................................................ 970, 973, 1068, 1721, 3164
SB 486-- Public officers and employees; deferred compensation; terminal leave; special pay plan............................................ 1346, 1348, 1393, 2572, 2965, 3586
SB 487-- Home arrest; redefine; pretrial arrestees................................ 2246, 2257, 2441
SB 489-- Motor vehicles; definitions; lane restrictions; HOV lanes .......................................................................................... 970, 973, 1068, 1469, 2689, 3586
SB 491-- Income tax; false claims of independent contractor status; penalties ..................................................................... 1648, 1650, 1719, 2572, 2932

4604

INDEX

SB 492-- Bingo; operation of games; auxiliaries ................................. 1648, 1651, 1719, 2570, 3162
SB 493-- Liberty County; hospital authority; vacancies...................... 1197, 1198, 1239, 1340, 1343
SB 495-- Minimum wage; certain local mandates; preemption............ 2095, 2100, 2441
SB 496-- National Guard; officers; compensation; arrest powers ..... 365, 367, 970, 973, 1068, 1465, 2493, 2661, 3061, 3071, 3375, 3438, 3587
SB 497-- Atlanta, City of; city court; repeal Act re-creating; transfer functions to municipal court.................................... 1648, 1651, 1719, 3382, 3774, 4075
SB 498-- Atlanta, City of; municipal court; amend provisions ........... 1398, 1400, 1457, 2571, 2572
SB 499-- Catoosa County; board of education; partisan elections ............. 880, 882, 924
SB 500-- Electronic recording voting systems; voter-verifiable audit trail; permanent paper records ...................................... 2287, 2289, 2441
SB 501-- State Depository Board; authorized investments; amend provisions.............................................................................. 1398, 1401, 1457, 1707, 2457
SB 502-- Controlled substances forfeitures; dangerous drug lists; certain first offender status ................................................... 1123, 1124, 1149, 2648, 3313, 3587
SB 506-- Uniform rules of the road; television in motor vehicles; prohibition; exception ........................................................... 1246, 1247, 1291, 2906
SB 507-- Smokefree Air Act of 2004; enact ......................................... 1648, 1651, 1719
SB 509-- Wrens, Town of; mayor and council; compensation ............ 2816, 2820, 2906, 3078, 3092
SB 510-- Housing; certain federal programs; fraud and abuse cases ....................................................................................... 1346, 1349, 1393
SB 511-- Nuisances; agricultural and forestry facilities ...................... 1398, 1401, 1457, 2569, 3734, 3830
SB 512-- Indigent defense; alternate delivery systems ........................ 1731, 1734, 1822, 2900
SB 513-- Contact lenses; sale and dispensing; licensed providers ...... 1246, 1247, 1291, 3070, 3501
SB 514-- State and local governments; tax allocation, redevelopment, general obligation bonds ............................. 1731, 1734, 1822, 2908, 3363, 3496, 3651, 3772, 3834, 3972, 4077

INDEX

4605

SB 515-- Bonds; qualified interest rate management agreement.......... 1731, 1735, 1822
SB 516-- Community Streetcar Development and Revitalization Act; enact .............................................................................. 2315, 2317, 2441, 2908, 3338
SB 517-- Ethics in Government; comprehensive revisions of provisions.............................................................................. 2095, 2100, 2440, 3201
SB 522-- Senate districts; reapportion ............................................................ 1157, 1192
SB 524-- State government; permits; bond requirements ..................... 2169, 2170, 2440
SB 525-- Motor vehicle accidents; removal of vehicles from roadways ............................................................................... 1649, 1652, 1719, 2565, 3263
SB 528-- Firearms dealers; regulation authority; license provisions; surety bonds ........................................................ 1836, 1838, 2081
SB 529-- Employment security; employer contribution rate; suspension of surcharge ........................................................ 1346, 1349, 1393, 2900
SB 531-- Industry, Trade, and Tourism, Department of; powers; real property.......................................................................... 1346, 1349, 1393, 2640, 2706, 3587
SB 532-- Business corporations; update provisions.............................. 1649, 1652, 1719
SB 535-- State Commission on Family Violence; sunset date ............ 1649, 1653, 1719, 2475, 2803
SB 541-- Voter registration; application through hunting and fishing license applications................................................... 2097, 2163, 2440, 3201, 3581, 3773
SB 542-- Special license plates; organ and tissue donation organizations.......................................................................... 1732, 1735, 1822
SB 545-- Powder Springs, City of; redevelopment powers; referendum ............................................................................. 3109, 3114, 3482
SB 547-- Dade County; education districts; reapportion ..................... 1246, 1247, 1291, 3078, 3092
SB 548-- Bethlehem, Town of; municipal court; provisions ............... 1398, 1401, 1457, 2082, 2091
SB 549-- Dade County; commissioner districts; reapportion .............. 1300, 1301, 1337, 1394, 1397
SB 550-- State minimum codes for construction; amend provisions.............................................................................. 2229, 2244, 2440, 2899, 2933
SB 551-- Massage Therapy Practice Act; enact.................................... 1732, 1735, 1822

4606

INDEX

SB 553-- Public roads and transportation projects; design-build

procedures............................................................................. 1399, 1402, 1457,

3058, 3863, 4073 SB 554-- ASpread the Word Program Act@; enact; book drives ........... 1836, 1838, 2081,

2899

SB 555-- Business and nonprofit corporations; substantial

revision of provisions............................................................ 1472, 1624, 2564,

2756, 3588

SB 560-- Security deposits; certain military service; termination

of lease ................................................................................... 2095, 2100, 2440

SB 561-- Electronic records and signatures; warranty deeds;

acceptance provisions ........................................................... 2316, 2318, 2440,

2906

SB 563-- Construction defects; alternative dispute mechanism........... 2168, 2171, 2440,

SB 564-- Driver=s license number; prohibit using social security

3329, 3446, 3593

number ................................................................................... 1836, 1839, 2081

SB 568-- Sewage management; grease and other commercial

waste ..................................................................................... 2169, 2171, 2440,

2649, 2974

SB 579-- Special K-12 Distance Learning School; create .................... 2095, 2101, 2440

SB 580-- Cobb County; probate court clerk; compensation ................ 2817, 2820, 2906,

3078, 3094

SB 582-- Spinal cord disabled and head-injured persons;

treatment; reporting procedures............................................ 2316, 2318, 2440,

3070, 3202

SB 583-- Douglas County; state court; civil actions; additional

fee.......................................................................................... 2817, 2820, 2906,

3791

SB 584-- State employees; payroll deductions; certain federated

charitable organizations ........................................................ 2287, 2289, 2440,

2900, 3327, 3588

SB 587-- Madison County; education districts; reapportion................ 2817, 2821, 2906,

3791, 3792

SB 588-- Privately owned military monuments; defacement;

penalties ................................................................................ 2230, 2244, 2440,

3732, 3745

SB 589-- Carroll County; board of elections; amend provisions......... 2948, 2957, 3078,

3483, 3484

SB 594-- Cherokee, Gwinnett, and Southern Judicial Circuits;

add judges ............................................................................. 2096, 2101, 2440,

2649

INDEX

4607

SB 599-- Public works construction; bidding conditions; certain prohibition.............................................................................. 2288, 2289, 2440
SB 600-- Liberty County; homestead exemption; base year assessed value ....................................................................... 2817, 2821, 2906, 3078, 3095
SB 601-- Liberty County; homestead exemption; base year assessed value ....................................................................... 2818, 2821, 2906, 3078, 3095
SB 603-- Surveillance technology on highways; prohibit recorded images of persons in motor vehicles..................................... 2288, 2290, 2440, 3382, 3746, 3831
SB 604-- Law enforcement and emergency personnel; line-ofduty disability; certain infections.......................................... 2288, 2290, 2440, 2900, 2940
SB 608-- Health maintenance organizations; regulation; national certification ........................................................................... 2316, 2318, 2440, 2640, 2975
SB 610-- Fulton County; homestead exemption; base year assessed value ....................................................................... 2818, 2822, 2906, 3078, 3095
SB 613-- Atlanta, City of; homestead exemption; base year assessed value ........................................................................ 3110, 3114, 3482
SB 615-- Forest Park, City of; homestead exemption.......................... 1837, 1839, 2081, 2650, 2659
SB 617-- Augusta Canal Authority; redefine project area ................... 2818, 2822, 2906, 3483, 3485
SB 625-- Heard County; public facilities authority; create.................. 2818, 2822, 2906, 3078, 3093
SB 626-- Soperton, City of; corporate limits ....................................... 2819, 2823, 2906, 3078, 3093
SB 628-- Madison County; board of education; amend provisions...... 3110, 3115, 3482
SB 631-- Carrollton, City of; school tax levy; referendum.................. 2948, 2958, 3078, 3483, 3485
SB 634-- Walker County; chief magistrate and probate court judge; nonpartisan elections .................................................. 2948, 2958, 3078

PART V
SENATE RESOLUTIONS IN HOUSE
SR 1-- CA: Use of public money for public health/social services by religious or sectarian organizations ............................... No Action
SR 23-- Designate; Dean Bryant Intersection; Lumpkin County .................. No Action SR 55-- Prescription Drugs for Seniors, Joint Study Committee;
create ................................................................................................. No Action SR 60-- Designate; William Ira (W.I.) Still, Jr. Highway;
Gwinnett County............................................................................... No Action SR 66-- Thelma AT-Lady@ Bridge, William S. Hutchings Bridge;
and Judge Jim Weeks Intersection; designate ................................... 881, 3323 SR 107-- State Retirement Plan Options; Joint Study Committee;
create ................................................................................................. No Action SR 184-- Burke j Veterans Parkway; designate............................................ 2565, 3444 SR 226-- Congressional Delegation; urge pass President Bush's
2003 Economic Growth / Tax Relief Plan....................................... No Action SR 232-- Missile Defense System; declare support ......................................... No Action SR 240-- Savannah River; urge bilateral port commission;
GA/SC interstate compact ................................................................ No Action SR 293-- Billy Jiles Memorial Highway; designate.................................... 735, 737, 765 SR 299-- Michael B. Mundy Memorial Bridge; designate ......................... 735, 737, 765 SR 301-- John D. Smith Highway; designate ............................................. 735, 737, 765 SR 308-- Electric Transmission Lines, Joint Study Committee on
Location of; create ............................................................................ No Action SR 311-- CA: Ad Valorem Taxes; freeze existing residential
property values until sold; appraise at fair market value.................. No Action SR 560-- Public funding of social services by religious or
sectarian organizations; prohibit discrimination - CA......... 169, 192, 251, 262 SR 561-- Zell Bryan Miller Tribute Commission; create;
authorize statue ............................................................................ 344, 346, 367 SR 563-- Right of citizens to hunt and fish; certain
restrictions - CA.................................................................. 253, 254, 283, 766, 3869
SR 565-- Senate convened; notify House ..................................................................... 43 SR 566-- General Assembly convened; notify Governor ....................................... 43, 50 SR 567-- Joint session; message from Governor; invite Justices
and Appellate Judges ............................................................................... 44, 50 SR 569-- Alan Jackson Highway; designate ............................................... 699, 701, 724

4610

INDEX

SR 578-- Schools; promote health education and physical activity...... 1198, 1199, 1239
SR 579-- Joint Water Conservation Study Committee; create.............. 2169, 2171, 2440
SR 580-- Sales tax; educational purposes; millage rate reduction - CA .................................................................. 421, 424, 458, 2902, 2968
SR 588-- George H.W. Bush Presidential Parkway; designate .................. 370, 371, 415
SR 589-- Butts County; regional airport; feasibility study .................. 2168, 2172, 2440, 2571, 2928
SR 595-- Recognition of marriage; prohibit certain unions - CA.... 933, 935, 965, 1309, 1322, 1350, 3053
SR 596-- Rosa Proctor Bridge; designate ............................................. 3323, 3482, 3675
SR 626-- George W. Potts Highway; designate.......................................... 700, 701, 724
SR 651-- Burke, Chatham, Clarke, Cobb, Dougherty, Gilmer, Gwinnett, Houston, Floyd, Jasper, Liberty, Meriwether, and Union counties; grant easements ............................... 772, 775, 840, 1243, 2685
SR 652-- Bartow, Chatham, Cobb, Coffee, Floyd, Glynn, Harris, Lowndes, Meriwether, and Stephens counties; convey property............................................................................. 772, 775, 840, 1243, 2686
SR 666-- Marist High School War Eagles football team; commend.............................................................................................. 469, 471
SR 668-- John D. Smith Highway; designate ...................................... 1399, 1402, 1457, 3363
SR 669-- Joint Study Committee on Truck and Highway Safety; create ...................................................................................... 2316, 2319, 2440
SR 674-- Improvement of Georgia's Pre-K Program, Joint Study Commission; create................................................................ 1198, 1199, 1239
SR 678-- Lottery proceeds; remove capital outlay projects from authorized uses - CA.............................................................. 2096, 2172, 2440
SR 682-- Henry McNeal Turner Tribute Commission; create; authorize statue ...................................................................... 1198, 1199, 1239
SR 704-- Richmond County; convey property; Chatham County; lease property........................................................................ 2168, 2172, 2440, 2571, 2935, 3588
SR 733-- Atlanta Motor Speedway Day at the Capitol; designate second Tuesday in March annually ....................................... 1123, 1124, 1149
SR 760-- Improvement of Georgia=s Pre-K Program Study Commission; create............................................................... 2230, 2244, 2440, 3203, 3860, 4074
SR 781-- Alan Jackson Highway; designate ........................................ 1399, 1402, 1457, 1463, 2565, 2704

INDEX

4611

SR 787-- Michael B. Mundy Memorial Bridge; designate .................. 1399, 1403, 1457, 1463, 2565, 2989
SR 797-- George W. Potts Highway; designate................................... 1399, 1403, 1457, 1463, 2565, 2705
SR 802-- Special license plates; promote organ and tissue donation organizations - CA .................................................. 1733, 1736, 1822
SR 828-- Earl Paulk Parkway; designate .............................................. 3113, 3115, 3482
SR 829-- Billy Jiles Memorial Highway; designate............................. 1733, 1736, 1822, 1827, 2565, 2705
SR 843-- Woodpecker Trail Highway and Max Lockwood Memorial Corridor; designate............................................... 2169, 2172, 2440, 2650, 3195, 3589
SR 850-- Education; K-12 public education system; urge standard grading system ....................................................................... 2170, 2245, 2440
SR 858-- Redevelopment commissions; local authority of certain property; jurisdiction retroceded by federal government ........................................................................... 2096, 2173, 2441, 2946, 3761
SR 866-- Battlefield Parkway; dedicate in memory of Baxter Shavers.................................................................................. 2170, 2245, 2441, 2908, 3748
SR 869-- Judge Jim Weeks Intersection; designate ............................. 2316, 2319, 2441, 2908, 3178
SR 872-- Lockheed Martin C-130 Hercules; fiftieth anniversary; AYear of the Hercules@; declare 2004............................................... 1733, 1785
SR 883-- T. Watson Mobley Bridge; redesignate ................................. 3113, 3115, 3482
SR 907-- Lottery Technology Joint Study Committee; create.............. 2912, 2914, 3078
SR 942-- Towers, Admiral John Henry; authorize placement of portrait in state capitol ........................................................... 2661, 2668, 2906
SR 952-- James D. (Jim) McGee Memorial Highway; designate......... 3113, 3116, 3482
SR 984-- Midway Church and Society and congregation; commend on 250th anniversary........................................................ 2481, 2504
SR 1025-- Connell, Honorable Jack; urge dedication of Riverwatch Parkway in his honor.................................................... 2912, 2945
SR 1101-- Adjournment; relative to.................................................................. 3391, 3400